Geographical Indications Law in Mali
Here’s a detailed overview of Geographical Indications (GI) law in Mali:
🇲🇱 Geographical Indications Law in Mali
1. Legal Framework
Mali’s protection of Geographical Indications is governed both by national law and by its membership in regional and international intellectual property organizations:
National Law:
Mali has a legal framework for industrial property that includes provisions for the protection of GIs and appellations of origin, primarily under the Industrial Property Code.
Regional Framework:
Mali is a member of the African Intellectual Property Organization (OAPI), which provides a unified IP system for many Francophone African countries, including GI protection.
International Agreements:
Mali is a member of the Paris Convention and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the WTO, which require GI protection.
2. OAPI System
The Organisation Africaine de la Propriété Intellectuelle (OAPI) administers intellectual property rights including GIs for its member states, including Mali.
OAPI's Bangui Agreement provides the legal basis for protection of GIs and appellations of origin within its member countries.
Registration of GIs is done centrally through OAPI and the protection applies throughout all member states.
3. Types of Protection
Appellation d’Origine Contrôlée (AOC) — Controlled Designation of Origin, a form of GI with strict quality and origin standards.
Indication Géographique (IG) — Geographical Indication, a broader category recognizing products linked to a specific location.
4. Responsible Authority
At the regional level:
OAPI is the registration and enforcement authority for GIs in Mali.
At the national level:
Mali’s Ministry of Industry and Commerce collaborates with OAPI on GI promotion and compliance.
5. Registration Process
Filing: An application for GI registration is filed with OAPI.
Examination: OAPI reviews the application for compliance with the Bangui Agreement standards.
Publication: Applications are published for opposition by third parties.
Registration: If no opposition or once resolved, the GI is registered.
Protection: The GI receives protection across all OAPI member states, including Mali.
6. Protection and Enforcement
Registered GIs enjoy exclusive rights to the use of the name for qualifying products.
Unauthorized use or imitation can be challenged legally.
Enforcement is through national courts and supported by OAPI.
7. Examples of Mali GIs
Bambara Groundnut from Sikasso region (an example of agricultural product linked to a geographic area)
Other local agricultural products and artisanal goods are candidates for GI protection.
Summary Table
| Aspect | Details |
|---|---|
| National Law | Industrial Property Code + OAPI Bangui Agreement |
| Regional Authority | African Intellectual Property Organization (OAPI) |
| Types of Protection | Appellation d’Origine Contrôlée (AOC), Indication Géographique (IG) |
| Registration Procedure | Application → OAPI examination → Publication → Registration |
| Protection Scope | All OAPI member states (including Mali) |
| Enforcement | National courts supported by OAPI |
| International Treaties | Paris Convention, TRIPS |
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