Geographical Indications Law in Madagascar
Geographical Indications (GIs) Law in Madagascar
1. Legal Framework
Madagascar is a member of the African Intellectual Property Organization (OAPI), which provides a regional intellectual property system, including protection for Geographical Indications.
The protection of GIs in Madagascar is governed primarily through the Bangui Agreement, administered by OAPI.
Madagascar does not have a separate national GI law; instead, GI protection is obtained through OAPI’s unified system.
2. OAPI System for GIs
Unified Registration: A GI registered with OAPI is automatically protected in all member states, including Madagascar.
Legal Basis: Protection is based on Annex VI of the Bangui Agreement (2015 version), which sets out the rules for GI registration, protection, and enforcement.
Application Requirements:
Description of the product and its link to the geographical origin.
Detailed specifications including production methods and delimitations.
An inspection system to ensure compliance.
Duration: The protection is indefinite as long as the product continues to conform to the registered specifications.
3. International Agreements
Madagascar is a member of WIPO and adheres to relevant international treaties through OAPI.
Though Madagascar is not a WTO member, OAPI member states align their IP laws with the TRIPS Agreement.
4. Examples of GIs in Madagascar
Madagascar’s Vanilla is internationally recognized, and the geographical origin adds value and reputation.
Other agricultural products such as spices and coffee are potential candidates for GI protection under OAPI.
5. Summary
| Aspect | Status in Madagascar |
|---|---|
| Dedicated GI Law | No national GI law; protection via OAPI system |
| Protection Mechanism | OAPI regional registration and protection |
| Duration of Protection | Indefinite (conditional on compliance) |
| WTO/TRIPS Membership | No WTO membership; aligned through OAPI |
| Enforcement | Through OAPI and national authorities |
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