GEOGRAPHICAL INDICATIONS AND THEIR BENEFITS
BY KAUSARA ADAMS
GHANA’S KENTE GAINS GEOGRAPHICAL INDICATION STATUS
Ghana’s Kente cloth has officially received Geographical Indication (GI) status, making it the country’s first GI product. The official announcement was made on 30th September 2025 at the La-Palm Royal Beach Hotel in Accra by Ghana’s Registrar-General’s Department in collaboration with the World Intellectual Property Organization (WIPO). One may ask, what is a geographical indication status?
WHAT IS A GEOGRAPHICAL INDICATION (GI)?
Geographical indication (GI) is a type of intellectual property that protects items that originate in a certain geographical location by emphasising their unique traits, reputation, and traditional manufacturing techniques. It is a symbol used on products that have a distinct geographical origin and have characteristics or a reputation that are unique to that origin. To operate as a GI, a sign must identify a product as having originated in a specific location. Furthermore, the product’s traits, attributes, or reputation should be primarily determined by its area of origin. Because the attributes are determined by the geographical location of production, there is a clear link between the product and its origin.
It has been defined in Article 22 (1) of the AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS AGREEMENT) of 1995 as “indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin”.
WHAT RIGHTS DOES A GEOGRAPHICAL INDICATION PROVIDE?
A geographical indicator right allows individuals who have the right to use the indication to ban third parties from using it if their product does not meet the applicable standards. For example, the Champagne geographical indication (GI) is a protected name that exclusively designates sparkling wine produced in the Champagne region of France. It signifies that the wine has specific characteristics due to its geographical origin and traditional production methods, and its use is restricted to those within the designated area who adhere to strict rules.
However, the holder of a protected geographical indication cannot prevent someone from producing a product using the same processes as those specified in the standards for that indication. Protection for a geographical indicator is typically secured by gaining a right to the sign that serves as the indication.
Also, Article 22 (3) of the TRIPS AGREEMENT provides that “a Member shall, ex officio if its legislation so permits or at the request of an interested party, refuse or invalidate the registration of a trademark which contains or consists of a geographical indication with respect to goods not originating in the territory indicated, if use of the indication in the trademark for such goods in that Member is of such a nature as to mislead the public as to the true place of origin”.
WHAT TYPE OF PRODUCTS ARE COVERED BY GEOGRAPHICAL INDICATION?
Geographical indications are typically used for agricultural products, foodstuffs, wine and spirit drinks, handicrafts, and industrial products, such as Champagne, Colombian coffee, Feta cheese, or Longjing tea.
WHO CAN USE A PROTECTED GEOGRAPHICAL INDICATION?
The right to use a protected geographical indicator is granted to producers in the defined geographical area who meet the product’s specific production standards.
HOW ARE GEOGRAPHICAL INDICATION RIGHTS ENFORCED?
Geographical indications (GI) rights, like all intellectual property rights, are enforced by the application of national legislation, which is normally done in court. A competent authority, the public prosecutor, or any interested party, whether natural or legal, public or private, may have the authority to take action. National legislation may impose civil (injunctions restraining or forbidding wrongful activities, damages actions, and so on), criminal, or administrative punishments.
HOW LONG DOES GEOGRAPHICAL INDICATION PROTECTION LAST?
In many sui generis legislations, registrations for geographical indications are not subject to a specific period of validity. This means that the protection for a registered geographical indication will remain valid unless the registration is cancelled. Geographical indications registered as collective and certification marks are generally protected for renewable ten-year periods.
WHO GRANTS PROTECTION FOR GEOGRAPHICAL INDICATION?
Protection for a geographical indication (GI) is granted by a national (regional) competent authority upon request. In some countries the function of granting GI protection is carried out by a special body responsible for GI protection. In other countries, the national intellectual property (IP) office carries out this function.
CONDITIONS TO MEET TO OBTAIN GEOGRAPHICAL INDICATION PROTECTION?
A sign must meet the requirements of the applicable law to be registered as a geographical indication (GI). In general, the definition requires that the good designated by the GI have a link to its geographical origin. This link may be determined by a certain quality, reputation, or other trait primarily attributable to geographical origin. In many laws, a single criterion attributed to geographical origin is sufficient, whether it is a quality or other aspect of the goods, or just its reputation.
WHO CAN REQUEST FOR PROTECTION OF GEOGRAPHICAL INDICATION?
A group of manufacturers of the geographically indicated commodity may request protection. The producers may form an entity, such as a cooperative or association, to represent them and ensure that the product meets particular conditions that they have agreed upon or adhere to. In some jurisdictions, a national competent authority (such as a local government authority) may request protection.
Therefore, only fabric woven in certified Ghanaian weaving zones can now be marketed as “Kente” internationally, ensuring its authenticity and linking it to its origin. The GI registration anchors the product to communities like Adanwomase, Bonwire, Agotime Kpetoe, Agbozume and Tafi Atome.
The GI status provides Kente with legal protection worldwide, safeguarding the cultural heritage and craftsmanship of Kente from imitation and misuse. Therefore, any woven fabric named Kente, must have been woven within the authorised communities in Ghana. Kente now joins the ranks of other internationally protected GI products like French Champagne and Mexican Tequila.
REFERENCES:
- https://www.wipo.int
- https://www.graphic.com.gh
- https://www.myjoyonline.com
- AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS AGREEMENT) of 1995.