Geographical Indications Law in Saint Helena, Ascension and Tristan da Cunha (BOT)
Here’s a comprehensive overview of Geographical Indications (GI) Law in Saint Helena, Ascension, and Tristan da Cunha — a British Overseas Territory (BOT):
🇸🇭 Geographical Indications Law in
Saint Helena, Ascension and Tristan da Cunha (BOT)
🔹 Status Overview
This territory is a British Overseas Territory (BOT), made up of three remote island groups in the South Atlantic Ocean.
The territory has separate local legal systems, but generally follows UK law, especially for intellectual property, where no specific local GI laws exist.
1. Legal Framework
| Legal Instrument | Description |
|---|---|
| UK Trademarks Act 1994 (as extended) | May be used as a basis for protection via certification or collective marks |
| No standalone GI legislation | GIs are not directly protected under local law but may be indirectly protected |
| Consumer Protection Ordinances (if any) | May restrict false or misleading use of geographic indications |
Each of the three islands may have slightly different ordinance structures, but none have a specific Geographical Indications Act.
2. Protection Mechanism
In the absence of standalone GI law, the main mechanisms for protecting GIs are:
| Protection Type | How it Works |
|---|---|
| Certification Marks | Used to certify that products originate from a specific region and meet standards (filed under trademark law). |
| Collective Marks | Used by groups of producers from the same geographical origin. |
| Common Law (Passing Off) | Action against misrepresentation or misuse of geographic names. |
3. Administration
There is no local IP office; IP matters are often handled with assistance from:
UK IPO (Intellectual Property Office)
Local government officials (via Attorney General or Registrar General, if appointed)
4. International Commitments
Saint Helena, Ascension, and Tristan da Cunha benefit from the United Kingdom’s international treaty memberships:
| Treaty | Status via UK |
|---|---|
| TRIPS Agreement (WTO) | ✔️ Covered |
| Paris Convention | ✔️ Covered |
| Lisbon Agreement | ❌ Not covered (UK not a party) |
| WIPO Systems | ✔️ UK Member |
These treaties offer minimum protection standards but do not automatically grant GI registrations.
5. Local Examples (Potential)
Though not officially registered, the following are geographically distinctive products that could benefit from GI protection:
Saint Helena Coffee – highly acclaimed and known for its origin.
Tristan da Cunha Rock Lobster – exported to the EU under trade quotas.
Ascension Island Tuna – known in niche seafood markets.
These products could potentially qualify for GI protection via UK or international mechanisms.
6. Enforcement
Civil remedies under trademark law or common law (misrepresentation).
Enforcement capabilities are limited due to the territory's small administration and population.
Major infringements would likely be handled in the UK legal system.
✅ Summary
| Category | Details |
|---|---|
| Local GI Law | ❌ None specifically |
| Protection Type | Certification/collective marks, passing off |
| International Coverage | Via UK (TRIPS, Paris Convention) |
| Administering Authority | No local IP office; via UK or territory officials |
| Registration Route | Through UKIPO or use of international GI/trademark systems |
| Examples | Saint Helena Coffee, Tristan Rock Lobster |
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