Geographical Indication (GI) options for Ethiopian Coffee and Ghanaian Cocoa

A Consideration of Communal Trademarks
mark may be a certifying authority rather than the association using the mark.
“Woolmark” is an example of a certification mark. Use of the mark is open to anyone
who complies with the necessary standards (WIPO, 2004, p. 69). This makes
certification marks valuable to small entities that lack the wherewithal to develop
their reputation independently. Certification marks are frequently used to guarantee
compliance with specific standards. They also provide a platform to regulate
standards in a sector where standards are demanded (Belson, 2002).
The third type of communal trademark, a GI, can be protected as either a
collective mark or as a stand-alone IP right. A GI signifies a product possessing
unique qualities, or reflecting the reputation attributable to its origin. The GI’s
value therefore lies in giving the product an association with its place of origin –
a place of origin that holds particular qualitative advantages. Such advantages
could include traditional skills, methods or modes of manufacturing, or unique
elements determined by the particular characteristics of the geographical location
(WIPO, 2004, p. 120).
Nigeria’s leather and textile producing sectors
The textile sector in Nigeria is marked by a mix of large and small enterprises.
The small enterprises primarily produce man-made textiles using traditional methods
(Quartey, 2006). The small enterprises in this context could be more narrowly
classified as micro or cottage enterprises, which are defined as employing fewer than
10 individuals (Abor and Quartey, 2010; EC, n.d., p. 14; IFC, 2012, p. 1; Kozak, 2007;
Udechukwu, 2003). The Nigerian leather industry consists predominantly of small
enterprises, with only a handful of large enterprises in this market (UNIDO, 2002).
Nigeria’s small-scale leather and textile production locations are generally formed
in clusters around the country. While the nature and location of the leather and
textile clusters differ, there are some systemic conditions and challenges common
to both sectors, regarding mainly the legal and policy environment under which
they operate. Beyond these lie distinct circumstances and attributes that may influence
the feasibility of communal trademarks differently in the different locations.
Textile production is indigenous to the western part of Nigeria, which hosts
the largest cluster of small-scale textile production in the country. This area is
home to the Yoruba people, for whom textile production has historical, cultural
and economic significance (Akinbogun and Ogunduyile, 2009; Maiwada et al.,
2012). The indigenous textile products of Nigeria are exported as raw material
or sold and used locally to produce other items such as dresses, handbags and
bedspreads for export. The textile industries in Nigeria are facing stiff competition
from foreign markets (Ogunnaike, 2010, p. 32), and the survival in the global
market of indigenous modes of textile production is under threat.
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