Preprint Review Version 1 This version is not peer-reviewed

The Suitability of Mozambican Cashew Nuts to be Protected Under Geographic Indications

Version 1 : Received: 10 June 2018 / Approved: 12 June 2018 / Online: 12 June 2018 (10:18:52 CEST)

How to cite: Cambaza, E. The Suitability of Mozambican Cashew Nuts to be Protected Under Geographic Indications. Preprints 2018, 2018060182 (doi: 10.20944/preprints201806.0182.v1). Cambaza, E. The Suitability of Mozambican Cashew Nuts to be Protected Under Geographic Indications. Preprints 2018, 2018060182 (doi: 10.20944/preprints201806.0182.v1).

Abstract

The protection of Geographic Indications (GIs) is part of the intellectual property (IP) rights described in the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) after the Uruguay Round (1986-1994). The members of the World Trade Organisation (WTO), including Mozambique, have adopted it. This country legislated GI under Decree 18/99 (04/05/1999, title II, chapter VI) of the national Industrial Property Code, harmonised with TRIPS. However, there is little information about its enforcement and impact in the industry. This review analyses the possibility of protecting the Mozambican cashew nuts industry under the GI act. The industry, with major participation of smallholders and employing mostly women, produces one of the most profitable export commodities, though it has suffered colossal losses over the last thirty-five years. The analysis has shown that it is suitable and probably advantageous to protect the cashew nuts under the Decree 18/99. On the other hand, other local trade policies from 1991 are negatively impacting the entire industry and these might create the illusion of inefficacy of the new IP rights including the protection of GIs.

Subject Areas

intellectual property, geographic indication, cashew nuts, Mozambique

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