Geographical Indications Law in Mauritania
Mauritania does not currently have a national legal framework specifically dedicated to the protection of Geographical Indications (GIs). While the country is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI), which provides a regional system for the protection of GIs among its 17 member states, Mauritania has not yet ratified the Arusha Protocol—the protocol within the OAPI framework that specifically addresses the protection of GIs.
🇲🇷 Current Status in Mauritania
OAPI Membership: Mauritania is a member of OAPI, which offers a unified system for the protection of intellectual property rights, including trademarks and patents, across its member states.
Arusha Protocol: The Arusha Protocol, adopted in 2015, is designed to provide a legal framework for the protection of GIs within the OAPI system. However, as of now, Mauritania has not ratified this protocol, meaning that GIs are not afforded specific protection under OAPI's regional system within Mauritania.
National Legislation: There is no national legislation in Mauritania that specifically addresses the protection of GIs. This absence of a legal framework means that producers of goods with potential GIs may not have legal recourse to protect their products from misuse or misrepresentation.
🌍 International Context
TRIPS Agreement: As a member of the World Trade Organization (WTO), Mauritania is a signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Under Article 22 of the TRIPS Agreement, WTO members are required to provide legal means for the protection of GIs against misleading use and unfair competition. However, the implementation of these provisions is left to the discretion of individual member states, and Mauritania has yet to establish specific national laws to enforce these protections
📌 Conclusion
Currently, Mauritania lacks a dedicated legal framework for the protection of Geographical Indications. While it is a member of OAPI and a signatory to the TRIPS Agreement, the absence of ratification of the Arusha Protocol and the lack of national legislation mean that GIs are not specifically protected within the country. Producers interested in protecting their products through GIs may face challenges due to this legal gap.
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