Geographical Indications Law in Djibouti
Djibouti has established a legal framework for the protection of Geographical Indications (GIs) through its Industrial Property Law No. 50/AN/09/6th L, enacted on July 19, 2009, and entered into force on June 9, 2012. This law provides for the protection of industrial property rights, including patents, utility models, industrial designs, trademarks, trade names, and GIs
🏛️ Legal Framework
The Djibouti Office of Industrial Property and Commerce (ODPIC) is the national authority responsible for the administration and enforcement of industrial property rights, including GIs. The law defines GIs as:
Appellations of Origin: Names of geographical areas used to designate products whose qualities or characteristics are exclusively or essentially due to the geographical environment, including natural and human factors
Geographical Indications: Signs that identify a good as originating in the territory of a member state, or a region or locality in that territory, where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographical origin .
The law also provides for the registration of collective and certification marks, which can be used to indicate GIs .
📋 Registration Process
To obtain protection for a GI in Djibouti, the following steps are generally required:
Application Submission: Producers or associations must submit an application to ODPIC, providing evidence of the geographical link and the specific qualities of the product.
Examination: ODPIC examines the application to ensure compliance with the legal requirements.
Publication: If the application meets the criteria, it is published for public notice.
Registration: After the objection period, if no valid objections are raised, the GI is registered, granting exclusive rights to the producers within the defined geographical area.
The registration process aims to ensure that only products meeting specific criteria can use the protected name, safeguarding their authenticity and quality.
🛡️ Protection and Enforcement
Once registered, GIs are protected against misuse and imitation within Djibouti. ODPIC is responsible for monitoring compliance and enforcing the protection of registered GIs. Producers found in violation may face sanctions, including the revocation of their GI rights.
Additionally, Djibouti's accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications on February 13, 2024, enhances the international protection of its GIs. This accession allows Djiboutian GIs to be protected in other member countries without the need for separate national registrations, streamlining the process for Djiboutian producers seeking international markets .
🌍 International Considerations
Djibouti's participation in international agreements, such as the Geneva Act of the Lisbon Agreement, facilitates the international protection of its GIs. This participation allows Djiboutian producers to secure protection for their GIs in other member countries through a single application filed with the World Intellectual Property Organization (WIPO), simplifying the process and reducing costs.
📌 Conclusion
Djibouti has established a robust legal framework for the protection of Geographical Indications, combining national legislation with international treaties to safeguard its unique products. This dual approach not only preserves the cultural heritage associated with these products but also enhances their marketability both domestically and internationally.
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