Caribbean GIs and speciality products have the potential to achieve a greater presence in international markets, particularly in the EU where consumers are willing to pay higher prices for origin-linked products (OLPs). To take full advantage of these opportunities, eligible producers of OLPs, must be able to register their products as GIs at the national level first, to enable them to seek protection in other international markets. While there has been registration of GIs at the national and international level, many CARIFORUM countries do not yet have in place a fully operational GI registration framework.
Therefore, there is a need to understand how the laws, regulations and practice can be improved in order to create a legal basis and a framework that are likely to deliver the benefits expected from this type of intellectual property right. There is a particular need for them to function as a quality scheme and local economic development tool, to be in line with international standards, ultimately facilitating international protection. In addition, a model law will be provided which CS can use to update their GI laws.
GI model law
Since 2020 CarIPI has worked to develop a model Geographical Indication (GI) law, which can be used by CARIFORUM States to modernise their legal frameworks and practices. As a first step, a review of the currently applicable legislation on GIs in the 16 CARIFORUM states was conducted. Two regional consultation meetings involving IP Offices, EPA coordinators and legal drafters were held where feedback was shared and discussed. Bilateral meetings to clarify specific aspects and concerns followed these consultations. Secondly, a draft of the GI Model Law and Regulations, as well as all forms requiered to be used in the GI registration process, have been prepared:
- Draft GI model law
- Draft GI model law [PDF - 0.19MB] [EN]
- Explanatory notes
- Explanatory notes [PDF - 0.65MB] [EN]
- Draft Regulations
- Draft Regulations [PDF - 0.38MB] [EN]
- Draft Forms
- GI application form [PDF - 0.18MB] [EN]
- GI amendment form [PDF - 0.18MB] [EN]
- GI cancellation form [PDF - 0.19MB] [EN]
- GI objection form [PDF - 0.19MB] [EN]
- GI objection counter statement form [PDF - 0.19MB] [EN]
- GI certificate template [PDF - 0.15MB] [EN]
- Request misleading marks form [PDF - 0.18MB] [EN]
- Request conflicting marks form [PDF - 0.18MB] [EN]
- GI transfer form [PDF - 0.17MB] [EN]
Further to the work on the GI Model Law, CarIPI is developing a regional GI Manual. The objective of this manual is to serve as a national guide for producers or producer groups, Control Bodies and the IP Offices regarding the process of developing, implementing codes of practice and controls, and registering a GI in CARIFORUM countries first. Once registration is done, it can extend to EU or internationally as well as protecting and enforcing such GIs.