Linking farmers to markets through valorisation of local resources:the case for intellectual property rights of indigenous resources

Bienabe, Estelle and Bramley, Cerkia and Kirsten, Johann and Troskie, Dirk (2011): Linking farmers to markets through valorisation of local resources:the case for intellectual property rights of indigenous resources.

Abstract

This is the scientific report from a research programme which explored the current lack of a suitable public system for protecting GIs in Southern Africa. In contrast to the European Union, the current South African legal framework only provides for the protection of GIs as collective and, in certain circumstances, as certification trademarks. The lack of a public system through which to valorize GIs was identified as excluding resource poor farmers (but also commercial larger scale farmers) from a potentially useful tool for improving their market access. The need for a public system of protection also emanates from the significance of the wild resources found in South Africa and Namibia, which are often the only source of income for resource poor communities and which is threatened by bio‐piracy. It thus appeared important to assess the merits of developing an institutional framework for protecting GIs in Southern Africa and to evaluate the needs for a sui generis legal system. Secondly, an analysis was done of the local dynamics based on specific agro‐food products. Two central questions were therefore addressed in this study: "How can local communities successfully protect their resources and differentiate their production through GIs?" and "What is the nature and extent of the required institutional and legal framework to achieve this objective?”.

• Item Type: MPRA Paper
• Language: English
• Keywords: Geographical indications; indigenous resources; intellectual property rights; collectivae action; Southern Africa
• Subjects: Q - Agricultural and Natural Resource Economics ; Environmental and Ecological Economics > Q1 - Agriculture > Q13 - Agricultural Markets and Marketing ; Cooperatives ; Agribusiness; O - Economic Development, Innovation, Technological Change, and Growth > O1 - Economic Development > O13 - Agriculture ; Natural Resources ; Energy ; Environment ; Other Primary Products

References

Barjolle D and Sylvander B (2002). Some factors of success for “origin labelled products” in Agro‐food supply chains in Europe: Market, Internal Resources and Institutions. Économies et Sociétés, 25, 9‐10: 1441.

Breeds of livestock. (1999). Dorper and South African mutton merino. [online]. available from: http://www.ansi.okstate.edu/breeds/sheep/index.htm [accessed: 5/30/2006:1].

Demarcation Board. (2006). Boundary Data. Municipal Demarcation Board of South Africa,Hatfield, Pretoria.

Esler KJ, Milton, SJ and Dean WRJ. (2006). Karoo veld ecology and management. Briza publications. Cape Town.

Le Roux PM, Kotze CD, Nel GP and Glen HF (1994).Bossieveld – Grazing plants of the Karoo and Karoo‐like areas.Department of Agriculture, Cape Town

Mucina L and Rutherford MC (2006). The Vegetation of South Africa, Lesotho and Swaziland.

South African National Biodiversity Institute (SANBI), Pretoria.

Neser FWC, Erasmus GJ and Van Wyk JB (2000). Genetic studies on the South African Mutton Merino: growth traits.

South African Journal of Animal Science 30, 172‐177 Schulse RE (1997).

South African Atlas of Agrohydrology and – Climatology. Report TT82/96,Water Research Commission, Pretoria.

SIRI (1987). Memoirs on the Agricultural Natural Resources of South Africa: Land Type Series.Soil and Irrigation Research Institute, Department of Agriculture and Water Supply, Pretoria.

Snowder GD and Duckett SK. (2003). Evaluation of the South African Dorper as a terminal sire breed for growth, carcass, and palatability characteristics. Journal of Animal Science, 81:368‐375.

South African Meat Industry Company (SAMIC), www.samic.co.za.