In March of 2018, Cambodia became the first country in the world to join the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (the Geneva Act). Cambodia deposited its instrument of accession with WIPO’s Director General on 9th March, 2018.
Geneva Act provides for the international registration of geographical indications (GIs) and appellations of origin in multiple jurisdictions, through a single application to the World Intellectual Property Organization (WIPO) Bureau and payment of a single set of fees. In addition it permits the accession to the Lisbon Agreement on Appellations of Origin and Geographical Indications by certain intergovernmental organizations.
The Geneva Act was adopted by the Diplomatic Conference convened at the World Intellectual Property Organization (WIPO) in May 2015. The Geneva Act shall enter into force three (3) months after five (5) eligible parties have deposited their instruments of ratification or accession. Any state which is a member of the Paris Convention or a member of the World Intellectual Property Organisation (WIPO) or any Intergovernmental Organisation with at least one Paris Convention member may become party to the Geneva Act.
In Kenya, there has been a widespread excitement to the immense potential of GIs in enhancing the value of a product. Various products have indeed been identified as potential candidates for GI protection such as coffee, tea, handicrafts (including wooden carvings and soapstone carvings). Currently, Kenya is not a party to any of the two (2) international agreements on GIs i.e the Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods and the Lisbon Agreement on Appellations of Origin and Geographical Indications. GIs in Kenya are registered and protected under the Trade Marks Act, Cap 506 Laws of Kenya, as either collective or certification marks. In 2012 the Drafting Instructions for a Geographical Indications Bill were circulated although the Bill has not yet been published. Accession to the Geneva Act would enable registered GIs (such as Echuchuka- for aloe vera found near lake Turkana) to extend their protection to other jurisdictions.
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