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JIPR Vol.17(3) [May 2012] >


Title: Protecting Geographical Indications in Malawi: Current Situation and Future Prospects
Authors: Uluko, Hankie
Oyewunmi, Adejoke
Mandewo, George
Keywords: Geographical indication
TRIPS
Sui generis
Trademark
Issue Date: May-2012
Publisher: NISCAIR-CSIR, India
Abstract: 
This paper examines the challenges and opportunities available for the protection of geographical indications (GIs) in Malawi. Like in many countries in Africa, there are no statutory provisions for the protection of GIs in Malawi. The challenges and opportunities available for GI protection in Malawi were determined using the SWOT analysis which included data from consumer preference survey, key informants, interviews and desk study.

The analysis showed that Malawian consumers are not only influenced by price but also the place of origin of a product (geographical indication) and the quality associated with it. It also showed that Malawi has limited human capacity, infrastructure and finances to successfully implement a sui generis system of protection despite having many potential GIs to benefit from. A comparative analysis found that the available regime of protection is inadequate in protecting GIs. The study concluded that Malawi stands to benefit from GI protection of its products which already have local, regional and international reputation. This would be achieved by short term revisions of the trademark laws and in the long run through a sui generis system of protection.
Page(s): 226-234
CC License:  CC Attribution-Noncommercial-No Derivative Works 2.5 India
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.17(3) [May 2012]

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