Geographical Indications Law in Lesotho
Here’s an overview of the Geographical Indications (GI) Law in Lesotho:
🇱🇸 Geographical Indications Law in Lesotho
1. Legal Framework
Lesotho protects Geographical Indications primarily through its membership in the African Regional Intellectual Property Organization (ARIPO).
ARIPO administers intellectual property rights, including GIs, under the Banjul Protocol on Marks, and the Harare Protocol on Patents and Industrial Designs.
Lesotho’s national legislation incorporates ARIPO protocols, giving effect to GI protection at the national level.
2. Definition of Geographical Indications
A Geographical Indication (GI) is a sign used on products that originate from a specific geographical area, where the product’s quality, reputation, or characteristics are essentially attributable to that origin.
3. Registration Process
GI protection in Lesotho is sought via ARIPO through a centralized filing system.
Applicants submit GI registration applications to ARIPO, which examines and grants protection across all member states, including Lesotho.
National offices may assist in enforcement and provide local implementation.
4. Protection Scope and Duration
Protection covers agricultural products, foodstuffs, handicrafts, and other goods linked to geographic origin.
Registered GIs provide exclusive rights to producers in the defined geographical area.
Protection lasts for 10 years, renewable indefinitely.
5. International Treaties
Lesotho is a member of:
ARIPO (which aligns with the Bangui Agreement through the Harare Protocol).
The World Trade Organization (WTO) and thus complies with the TRIPS Agreement.
The Paris Convention for the Protection of Industrial Property.
6. Enforcement
Enforcement of GI rights is done through national courts, supported by ARIPO’s registration.
Misuse, imitation, or unauthorized use of GIs is prohibited.
7. Local Context
Lesotho’s GI framework is emerging, with potential in products like traditional crafts and agricultural goods.
The government encourages the use of GI protection to promote local economic development.
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