MENAFocus

A bridge between past and future Middle Eastern and North African geographical indications are coming to the fore, says Jan Wrede of Dennemeyer & Associates

“The best men in all ages keep classic tra- tential has indeed shown GIs to be a prom- more for a good certified as a GI than for a ditions alive.” Spanish philosopher George ising and efficient means to promote local no-origin product. Santayana could well have had geographical goods, precisely in less industrialised areas indications (GIs)—legal instruments used to that are capable of building up new income While Europe is still restricting GI protec- protect traditional manufacturing methods— and employment opportunities. tion to certain foodstuffs and beverages, in mind when he was reflecting on the con- GIs can readily also cover handicrafts and nection between past and present. For instance, the EU with its historical pre- even services. dilection for GIs can willingly be taken as an Certainly, GIs have sometimes been ridi- exemplary benchmark, where the first 70 GIs International treaties culed as just an odd means of protectionism alone accrue $5 billion in turnover each year stemming from the old world, far from being (the total being $75 billion per annum for all It’s no wonder that GIs have long since been suitable for due application in developing or European GIs). This on account of the fact recognised as fully-fledged—if still peculiar— emerging markets. But there is the opposite that 70 percent of consumers are ready to IP rights, on par with patents and trademarks. view: a deeper glance at their economic po- spend between 10 percent and 300 percent Sixteen out of the 19 Middle East and North 22 MENAFocus MENAFocus

Africa (MENA) states have adhered to one Morocco However, exporters faced problems with or more of the following international treaties meeting the new demand. In repsonse, two recognising GIs: Article 180 of the Law on the Protection cooperatives were successfully set up. • 1883—Paris Convention on the Protec- of Industrial Property: “Geographical indi- tion of Industrial Property: Algeria, Bah- cations are all indications which serve to As a result, in 10 years the price for one litre rain, Egypt, Iran, Iraq, Jordan, Lebanon, identify a good as originating of a territory, of argan oil almost sextupled from $4.75 to Libya, Morocco, Oman, Qatar, Saudi region or locality in that territory, where a $27, while the selling price to the end con- Arabia, Syria, , the United Arab given quality, reputation or other character- sumer rose as far as $200. In 2006, the co- Emirates and Yemen (16). istic of the good is essentially attributable operatives’ turnover reached a noteworthy • 1891—Madrid Agreement on the Re- to this geographical origin.” $1.35 million. pression of False or Deceptive Indica- tions of Source: Algeria, Iran, Lebanon, Tunisia Morocco, Syria and Tunisia (6). • 1951—Stresa Convention on the Use of Tunisia owns a number of GIs for wines, such Designations of Origin and names for as , , Sidi Salem, Cheeses: none. and Thibar. • 1958—Lisbon Agreement for the Protec- tion of Appellations of Origin and their Going forwards International Registration: Algeria, Iran, and Tunisia (3). Despite the cited examples, our stunted sur- • 1996—Agreement on Trade-Related vey has shown that GIs still suffer from a Aspects of Intellectual Property Rights The hope is somewhat shadowy existence in sunny Mid- (TRIPS): Bahrain, Egypt, Jordan, Moroc- dle East, if compared to the more than 3000 co, Oman, Qatar, Saudi Arabia, Tunisia, that soon the economic GIs currently registered in the EU. In spite of United Arab Emirates and Yemen (10). and infrastructural this, they keep moving further into the focus • 2008—The World IP Organization is “ of national legislators, as proven by the ad- starting a review of the 1958 Lisbon Sys- environment for herence to the above treaties and the tenden- tem in order to make it more attractive cy of national laws to contain express articles to new members. Among the observers sound international on indications of source. are: Algeria, Iran, Iraq, Libya, Morocco, Saudi Arabia, Tunisia and the United marketing will duly be The hope is that soon the economic and infra- Arab Emirates (8). structural environment for sound international addressed by local marketing will duly be addressed by local au- National laws authorities, as in thorities, as in the cited Moroccan argan oil case. In fact, GIs offer three advantages to The following are selected regulations on GIs the cited Moroccan the region: found in some of the national laws. Most of • They assure decent labour for them are modelled after Article 22 of TRIPS: argan oil case local people; • They do not require advanced and costly Egypt technology; and • They preserve an important part of na- Article 104 of the Law on the Protection of IP tional heritage and culture. Rights: “Where a geographical origin has be- come descriptive of the quality, reputation or ” Dutch professor Louise Fresco, acclaimed other characteristics of a certain product so expert on sustainability, once said while re- as to be largely instrumental in its marketing, flecting on the connection between past and such geographical indications shall be used present: “Food, in the end, in our own tradi- to indicate the place of origin of such goods tion, is something holy. It’s about sharing. It’s in a district or part in a country member in about honesty. It’s about identity.” IPPro the World Trade Organization or a country ac- Practical examples cording Egypt reciprocity.” Algeria Iran Algeria owns a number of GIs for wines, such Article 1(a) of the Geographical Signs Protec- as Ain-Bessem-Bouira, Coteaux De Mascara, tion Act: “Geographical indication shall mean a Coteaux De Tlemcen, Dahra and Medea. sign for the geographical origin of goods attrib- uted to a territory, region or country area, pro- Iran vided that quality and excellence, reputation or other characteristics of the goods are essen- Iran owns a number of GIs for handmade car- tially attributable to their geographical origin.” pets and rugs, such as Heris, Isfahan, Qom and Tabriz. Jordan Morocco Article 2 of the Geographical Indications Law: “Geographical indication: Any indica- Morocco owns a GI for a vegetable oil, Huile tion which identifies a good as originating D’Argan, which is used in foodstuffs and in a certain country, region or territory of a cosmetics. In the 1990s, the previously con- country, where a given quality, reputation or tinuous growth of the domestic argan market other characteristic of the good is essentially stagnated, while the international high-value

attributable to its geographical origin.“ market expanded. Jan Wrede Director of Dubai office Dennemeyer & Associates 23