Geographical Indications Law in Guinea-Bissau
Here’s an overview of Geographical Indications (GI) law in Guinea-Bissau:
1. Legal Framework
Guinea-Bissau is a member of the African Intellectual Property Organization (OAPI).
OAPI has a unified intellectual property system covering its 17 member states, including Guinea-Bissau.
GI protection in Guinea-Bissau is governed under the OAPI Bangui Agreement (1999, revised 2019).
2. OAPI Bangui Agreement & GI Protection
The Bangui Agreement provides a legal framework for the protection of geographical indications and appellations of origin within OAPI member states.
Article 19 of the Agreement specifically covers protection of geographical indications and appellations of origin.
Protection is automatic and collective once the GI or appellation of origin is registered or recognized by the OAPI.
The protection applies to all OAPI member states, including Guinea-Bissau.
3. Registration Process
Producers or associations from a specific region may apply to the OAPI office to register a GI or appellation of origin.
Once registered, the GI is protected against:
Misuse or imitation.
Any false or misleading indication that a product originates from the registered area.
4. International Agreements
Guinea-Bissau, via OAPI, is party to:
The Paris Convention for the Protection of Industrial Property.
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
The TRIPS Agreement requires minimum standards for GI protection, implemented through the OAPI system.
5. Practical Implications for Guinea-Bissau
Local products can benefit from OAPI GI protection, providing regional and international recognition within OAPI member states.
Examples might include agricultural or artisanal products linked to specific Guinea-Bissau regions.
The system ensures cross-border enforcement of GI rights within the OAPI area.
Summary Table
| Aspect | Guinea-Bissau Status |
|---|---|
| OAPI Membership | ✅ Yes |
| Dedicated GI Law | ✅ Through OAPI Bangui Agreement |
| Registration System | ✅ OAPI centralized registration |
| TRIPS Compliance | ✅ Via OAPI system |
| Paris Convention Membership | ✅ Via OAPI |
Conclusion
Guinea-Bissau’s GI protection is integrated within the OAPI regional system, providing collective protection to geographical indications across all member states. This is a strong framework allowing effective protection of local product names.
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