The Ethiopian Fine Coffee Designations Trade Marking & Licensing Initiative Experience Presented at The WIPO Conference on Building Partnerships for Mobilizing

The Ethiopian Fine Coffee Designations Trade Marking & The Ethiopian Fine Coffee Designations Trade Marking &

Licensing InitiativeLicensing Initiative ExperienceExperiencePresented at The Presented at The WIPO Conference on Building Partnerships for Mobilizing WIPO Conference on Building Partnerships for Mobilizing

Resources fir DevelopmentResources fir Developmentorganized byorganized by

the World Intellectual Property Organization (WIPO)the World Intellectual Property Organization (WIPO)Geneva, November 5 and 6, 2009Geneva, November 5 and 6, 2009

ByBy

Getachew MengistieIntellectual Property Law Consultant and Attorney

Geneva, November 5, 2009

Copyright 2007, All rights reserved.

I. Introduction

A) Initiative started in 2004

B) Initiative is led by Stakeholders committee & facilitated by EIPO

C) Initiative has Technical & advisory support from LYIP Free Legal Support from Arnold & Porter Financial support- Donor organizations, stake holders & the government

C) highlight the grounds, objectives, Choice of appropriate legal, business and marketing tools, major achievements and Lessons learned

Copyright 2009 all rights reserved


II. Grounds for the initiative

a) Ethiopian coffee is specialty/ fine coffee

Distinct flavor and aroma Can be distinguished from coffee of other countries Distinct feature attributed to hard work of generations of farmers

b) Little benefit from the Specialty coffee

High retail price-example 2004-Harar $24/lb, 2005 Sidamo-$26/lb Only 5-10 percent comes to Ethiopia Fluctuation of price of coffee

c) Impacts of low price of coffee unable to meet basic needs, school, health etc Cutting down coffee trees and planting chat

d) Cases of misappropriation or attempt to misappropriate coffee names

Copyright 2009,all rights reserved


III. Objectives of the Initiative

a) Ensure Ethiopia’s ownership of coffee brands

b) Increasing & Securing Income of Poor farmers & Exporters

Delink from commodity coffee

Ensure stability of income

Strategically positioning in the growing Specialty Coffee market

c) Create & Strengthen partnership with Foreign Coffee Importing, roasting & distributing Companies

d) Building IP Asset Protection & Management Capacity



IV. Choice of Appropriate IP & Business tools

a) Comprehensive study made on the relevant IP tools, merits & demerits of:

i. Geographical indications

ii. Certification marks

iii. Trade marks

b) Extensive consultations made in and outside of Ethiopia

c) Decisions made by the stake holders to :i. Trade mark three of the fine coffee designations

ii. File applications in selected countries

iii. Offer royalty free license



V.Trade marking of coffee brands

Applications filed

36 countries-Australia, Brazil,Canada, China, European Union,India, Japan, Saudi Arabia, South Africa and USA

Certificates obtained

Sidamo, yirgacheffe, Harar registered in EU, Canada & USA Japan-Sidamo, Yirgacheffe

Problems encountered and Measures taken

European Union USA Japan etc.,



VI. Licensing of Coffee TMs

A) Objectives of Licensing

Facilitate the use of Ethiopian Trademarks Capture the reputation & good will of fine coffee around the

trademarks Establish & strengthen partnership with the coffee importers, retailers

& distributors Cater to the interests of the key actors etc., Promote the Ethiopian fine coffees

B) Strategies Adopted

Offering royalty free License agreement Obligations of licensee to use brand and educate consumers Establishment of network of Licensed distributors Establishment of a Joint forum where stakeholders and network

partners exchange relevant information and work for mutual benefits Increasing awareness of the initiative ex. Creation of web site of the

Initiative www.ethiopiancofeenetwork.com



VI. Licensing contd.C) Ninety six coffee importers, roasters and distributors in North America,

Europe, Asia & Africa signed the agreement

D) Forty seven Ethiopian exporters & three coffee producers unions signed the agreement

E) Licensees played a role in persuading companies and are playing useful role in promoting the Ethiopian Fine coffees and the brands



VII. Branding Trade Marks

a) Need for Marketing strategy

b) Stakeholders opted for branding

c) A UK based branding company employed

d) Brands and brand guidelines developed under supervision of the Stakeholders Committee

e) Stake holders decision and unveiling of the brands on May 2008

f) Brand guideline approved in July 2008



Umbrella Brand



Individual Brands



VIII. Major Achievements

Ownership & Leadership of the initiative by the stakeholders Establishment of Institutional framework & effective coordination

The stake holders committee LMU in EIPO & Focal units in Overseas embassies The net work of licensed distributors The Joint forum Excellent working relationship

Secured support from parliament, PM office, different Ministries, the general public & stakeholders in Ethiopia and a wide range of supporters from abroad

Improved negotiating and Marketing Position-power to control, require disclosure of sales information, joint promotion, uniform branding and negotiate export price

Increased demand, rise in the price of coffee and income of coffee producers /export income of the country

Encouraging Change in the lives of Producers-housing, sending children to school etc.



VIII. Achievements contd.

Building & Strengthening Licensing Capacity at EIPO, overseas embassies, Stakeholders

Challenges successfully overcame Partnership established, wider cooperation & assistance

example Starbucks farmer support center Promotion of the initiative using print & electronic media,

website and international coffee forums and exhibitions Choice of Ethiopia as a portrait country in the 20th SCAA-May

2008 Greater recognition of the value of intellectual property assets

and the need for protection-steps taken-EIPO, MOARD



IX. Lessons Learned

Top Leadership Support & Direction is critical for success Need for initial technical, financial and legal support from

international partners while simultaneously building the requisite capacity for IP Asset identification, protection, exploitation & management

Ownership and involvement of stake holders Significance of public & private partnership Preemptive, persuasive and engagement strategy essential to

prevent or resolve disputes wining the support of as many partners as possible Preparatory works, advance planning and regular evaluation Use foreign companies that buy the cause of initiative Adoption of Systemic and holistic approach in identifying needs

and concerns



X. Conclusion

DCs and LDCs need to embark On programs to identify, protect and exploit their IP Assets

Significance of IP demonstrated by the experience of Ethiopia-the coffee Initiative public lauded as innovative and exemplary

Ethiopia committed to use IP as a tool for creation of wealth and initiate similar programs

other countries have embarked on or are in the process of initiating similar programs

These are encouraging developments but there is no “one Size fits all Approach”

Need to devise strategies to tap potential support in developed countries and simultaneously building up local capacity



Thank YouVer y Much


Documents

The Ethiopian Fine Coffee Designations Trade Marking & Licensing Initiative Experience Presented at The WIPO Conference on Building Partnerships for Mobilizing