Potential for Geographical Indications in the Agriculture Sector in Zambia

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1 Potential for Geographical Indications in the Agriculture Sector in Zambia Bruce Chulu Simbunji Principal Seeds Officer Seed Control and Certification Institute Plant Breeder s Right Office

2 1. Importance of Agriculture in Zambia 2. Look at the subject matter-geographical Indications What is a Geographical Indication? What does a Geographical Indication do? Where Can Geographical Indications be used? How are Geographical Indications protected? How is the Legislative Context in Zambia on Intellectual Property? 3. Some potential GIs in Zambia in the Sector and other related sectors 4. Potential for Geographical Indications in the Bee/Honey Industry in Zambia 5. Recommendation/Conclusion

3 Zambia, has a huge agricultural potential, which is still largely untapped but the sector still plays a major role in the economy Agriculture plays a key role of supporting industries by the production of the required raw materials Producing exportable agricultural goods Generating employment, the sector employs about 67% of the labour force particularly in rural areas More than 60% of the population depend on agriculture for their livelihood the share of agricultural production in GDP in the past years has been around 20 to 30 % Providing food stuffs essential for the sustenance of acceptable nutrition standards and levels

4 The current consumer inclinations for consumption of food both local/outside consumers has transformed over the years The trend in agriculture and food sectors indicate that there is increasing preference and added value on products that can be associated with a certain place and/or special means of production

5 Has resulted in renewed interest in authentic, traditional and traceable food attributed to a range of factors such as: Increased awareness of food safety Socio-cultural status of consuming certain food

6 Trend towards traditional or quality products provides an opportunity for Zambia to move from commodity into more lucrative niche markets through differentiation However, such a move depends on whether there are measures in place

7 Such measures-prevent the production of such local products from spreading to other countries as this would change the product status from niche to commodity, eroding the premium As a result,international rules for the regulation of origin labelled products have become increasingly important in recent years

8 The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) included a chapter on GIs GIs was acknowledged by WTO members as a distinct intellectual property right

9 What is a Geographical Indication? Is a sign used on goods that have a specific geographical origin and possess qualities, reputation or characteristics that are essentially attributable to that place of origin Most commonly, a geographical indication includes the name of the place of origin of the goods For example a town, region, or country certifying or giving assurance that the products possess characteristics or have reputation of possessing qualities peculiar to that area.

10 What does a Geographical Indication do? Points to a specific place, or region of production, that determines the characteristic qualities of the product which originates from that place.

11 Where Can Geographical Indications be used? May be used for a wide variety of products, whether natural, agricultural or manufactured Agricultural products typically have qualities that derive from their place of production and are influenced by specific local factors, such as climate and soil. GI must be available for use by all the producers in the region

12 How are Geographical Indications protected? Special laws(sui generis) for the protection of geographical indications or appellations of origin Trademark laws in the form of collective marks or certification marks Laws against unfair competition Consumer protection laws, or Specific laws or decrees that recognize individual geographical indications.

13 How is the Legislative/Policy Context in Zambia on Intellectual Property? Zambia has a National IP Policy which spells out the national ambition of the use of IP in Zambia Zambian has an intellectual property rights regime which comprises of the: Patents Act, Chapter 400 of the laws of Zambia The Trademark Act, Chapter 401 of the laws of Zambia Copyright and Performance Rights (Amendment) Act, 2010 (Act No. 25 of 2010) The Plant Breeder s Rights Act, No 18 of the Laws of Zambia Competition and Consumer Protection Act, No 24 of 2010 The Trademark Act is the only one relevant to the protection of GIs in Zambia However the law on Competition and Consumer Protection Act, No 24 of 2010 does provide for protection of GIs

14 Is the trademark Act adequate to protect GIs in Zambia? Presently, provides for protection of GIs through registration of certification marks A certificate mark is a mark indicating that the goods or services in connection with which it is used are certified by the proprietor of the mark in respect of The Origin; mode of manufacture of goods and quality The certification may only be used in accordance with defined standards

15 What are some Potential GIs in Zambia in the Agricultural Sector and other related sectors

16 This is a tea named according to its geographical origins in Luapula Province specifically in Kawambwa district. The speciality of this tea beverage is attributable to the soils and climatic conditions for its production Kawambwa Tea

17 The North West Province is recognized as one of the best pineapple growing areas in Zambia Mwinilunga has the highest potential in terms of soils and climatic conditions for pineapple production in Zambia Mwinilunga Pineapple

18 Munali Coffee Grown under warm conditions in the shadow of the famous blue Munali Hills This is a rare coffee grown at 1108m of altitude on 270 hectares of land of consistently outstanding quality.

19 Mongu Rice- Supa Rice Very common rice variety grown in Western Province of Zambia Grown and adaptable in the Zambezi Flood Plains where there is a lot of supply of water and also the temperature/daylight/length is naturally adaptable for the variety to mature and give the aromatic and good taste If the same variety is grown elsewhere in the dambos, maturity, yield and the aromatic and taste are said to be affected However, there is need to carry out research and verify these claims Mongu Rice has it is popularly known is liked by most consumers in Zambia because of the aromatic and good taste.

20 In Zambia Mukwa is one of the most generally used and most valuable indigenous timber trees The wood is used for construction, carpentry, furniture manufacture and artefact It is a very useful multipurpose tree in Zambia, producing multipurpose timber, dye, forage and medicine Due to its flexibility, resistance and light weight it is also useful for boats, doors and windows Production and demand are huge locally and most of the timber is exported to China and other Asian countries and within the region.

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22 GEOGRAPHICAL ZONES Beekeeping is a preoccupation of over 50,000 active beekeepers in the major honey Production areas They include the North- Western Northern, Central and Western Provinces

23 Zambia offers a conducive environment for beekeeping: abundant forest cover and indigenous knowledge and skills Zambia Forest Honey is produced in an 11,000 square mile virgin forest in Zambia, far from industry, commercial farming, towns and large populations An important commercial tree is mutondo, Julbernardia paniculata which may well be the commonest tree of Zambia; it is the most important source of honey

24 The main drivers in terms of marketing are the private companies/cooperatives and some NGOs are providing some markets to bee keepers. They buy both comb and liquid honey which it processes and bottles Most of table honey is sold on informal markets, along major roads, in homestead shops or door to-door The formal national trade in honey comprises an increasing number of processing companies which supply honey in ml jars to shops in urban areas

25 There are some large companies (North Western Bee Products and Forest Fruits Zambia Ltd.) export approximately 400 metric tonnes of certified organic honey per year Currently about 200 tonnes is exported by several smaller companies. The main export markets for Zambian honey are the UK (55%) and Germany (35%). Other increasingly important markets are the Arab countries, the USA and the SADC region Beeswax is used by beekeepers for baiting their hives, or sold locally as a floor polish and for making candles.

26 WHOLESALING/ RETAILING PROCESSING PRODUCTION PRIVATE SECTOR/NGOS/COOPERATIVES SMALL & MEDIUM SCALE ENTERPRISES (SME) LOCAL BEEKEEPERS INPUT SUPPLY (Wooden hives, top bars, veils, smokers) LOCAL BEE HIVE SUPPLIERS

27 RETAILING/ EXPORTING LOCAL CONSUMERS INTERNATIONAL CONSUMERSEU JAPAN USA EU REGIONAL CONSUMERS SADC NATIONAL CONSUMERS: MAIN URBAN CENTRES/ SUPERMARKETS WHOLESALING/PROCESSING PRIVATE SECTOR/NGOS/COOPERATIVES SMALL & MEDIUM SCALE ENTERPRISES (SME)

28 The significance of the honey sector lies in its potential to contributing towards the country s foreign exchange earnings and reducing poverty through job creation Zambia s bee products sector has been contributing to income generation and employment creation and also supplementing other economic activities in the rural and urban settings

29 According to the Zambia honey sector strategy, the sector has an estimated 50,000 beekeepers through out the country producing an average of 600 metric tones of marketed honey yearly According to other reports, ZAMBIA has emerged as Africa's largest exporter of honey and bee products to the European Union and the USA with supply to those markets projected at 1,000 tonnes by the end of this year.

30 It is important to note that 70% of the beekeepers are in North Western Province The sector engages both women and men., according to the 2007 baseline study,beekeeping is a male dominated sector with 34.4% female participation Nearly all beekeepers are also farmers, who increase their total annual household income by approximately US$100 US$400, selling honey and beeswax The beekeeping industry also creates self-employment for informal traders of bee-products as well as formal employment in registered companies Trade of honey and beeswax provides up to 25% of total annual income for tens of thousands of households Certified organic honey, worth about US$1,000,000, is exported every year

31 Zambian honey- Is favoured on the international market because most of it is produced in relatively undisturbed environments and can therefore be classified as organic has the potential to fulfil all organic and phytosanitary standards However the sector is facing challenges which is affecting the quality of the product from harvesting, during transportation and processing In the last 10 years, honey exported to the EU in bulk, which has been the case for Zambia, is often further blended and packaged in the recipient country In most cases, this causes the honey s loss of origin, which makes it very difficult to brand Zambian honey and market it abroad Also, local auditing and certification capacity is missing including the testing by local laboratories who are not recognized internationally.

32 The sector has come up with a Beekeeping policy that will address the inadequate policy provisions and regulatory frameworks to increase efficiency and effectiveness of the sector, coordination among key sector players Zambian honey standards are in the process of establishment. However, all Zambian honey sold has to compile with COMESA and/ or EU standards Training of beekeepers in managing hives, harvesting, processing and storage of the final product-training in using appropriate equipment and technology Government with help from partners is helping equip institutions/ local laboratories to test and govern the quality of food and related products coming in and going out of Zambia and these are working for recognition internationally

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34 POTENTIAL GIs IN ZAMBIA AGRICULTURE/FORESTRY/FISHERIES

35 Zambia has many great potential GIs in the sector and other related sectors and that their protection would result in positive economic/social impact to rural communities in Zambia What Zambia needs to do is first is to come up with legislation and policy which will encourage protection using GIs There is also need to identify and locate, study and document potential GIs in Zambia

36 THANK YOU

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