Geographical Indications Law in Niger
Geographical Indications (GI) Law in Niger
1. Legal Framework
Niger, as a member of the African Intellectual Property Organization (OAPI), follows the regional legal framework for Geographical Indications protection under:
Bangui Agreement Relating to the Creation of OAPI (1977, revised 1999)
OAPI’s Regulation on Geographical Indications and Appellations of Origin (2018)
This regional system applies uniformly to all OAPI member states, including Niger.
2. Protection System
GIs in Niger are protected through the OAPI system, which offers a centralized registration process covering all member states.
The OAPI regulation recognizes:
Appellations of Origin (AO) — stricter protection requiring the product's quality to depend exclusively on the geographical environment.
Geographical Indications (GI) — broader protection for products linked to a geographical origin.
3. Registration Process
Applications for GI/AO registration are filed with the OAPI Office based in Yaoundé, Cameroon.
The registration automatically applies to all OAPI member states, including Niger.
The application must demonstrate:
Clear definition of the geographical area
Characteristics and quality of the product linked to that origin
Evidence of reputation or traditional knowledge
4. Enforcement
Protection is granted for an initial period of 10 years, renewable indefinitely.
The rights holder can prevent unauthorized use or imitation of the registered GI/AO.
Enforcement is done via civil courts in Niger and other OAPI member states.
Customs and market authorities may be involved in stopping infringing goods.
5. International Treaties
Niger, through OAPI, is bound by the TRIPS Agreement (WTO).
OAPI member states benefit from regional cooperation and align GI protection with international standards.
OAPI also cooperates with WIPO and other international bodies for IP enforcement.
6. Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Bangui Agreement + OAPI Regional Regulation (2018) |
| Administering Authority | OAPI (African Intellectual Property Organization) |
| Types of Protection | Appellation of Origin (AO), Geographical Indication (GI) |
| Registration | Centralized via OAPI; valid in all member states including Niger |
| Duration | 10 years, renewable |
| Enforcement | Civil courts, customs, regional cooperation |
| International Compliance | TRIPS Agreement via WTO and OAPI system |
7. Examples
Some West African agricultural products, like Bambara groundnuts, local coffee, or shea butter, have potential for GI protection under OAPI.
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