Abstract
This chapter explores aspects around the public nature of GIs and the associated debate on the need for public intervention in supporting GI development and implementation. The discussion draws on the commonalities and differences between the Camdeboo mohair and Karakul pelts cases, both of which are Southern African luxury clothing products with sophisticated quality management systems. The cases are both endemic industries with a strong link to the region but which are not linked to national GI protection schemes. They differ significantly however with respect to their approach to investment in the common resources underlying the reputation of the origin based product as well as with respect to the management of the collective reputation. The chapter provides insights into the implications of public versus privately driven origin based quality schemes, particularly with respect to potential exclusionary dynamics.
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Notes
- 1.
Act 47 of 1996.
- 2.
BKB was formed on 1 July 1975 with the amalgamation of three farmersā organisations, namely Farmersā Co-operative Wool and Produce Union Limited (FCU), Boere-Saamwerk Beperk (BSB) and Koƶperatiewe Wolmaatskappy Beperk (KWB). FCU was established in 1919, BSB in 1920 and KWB in 1927. Boeremakelaars (Koƶperatief) Beperk was registered in 1975. On 30 June 1998, Boeremakelaars (Koƶperatief) Beperk was transformed into a full-fledged company with shareholders. This company is known as BKB Limited.
- 3.
The company does not contract for the buying or selling of the mohair BUT for the right to process and sell the specific raw mohair, intermediary or final products as made from āCamdeboo Mohairā (provided that this is indeed the case).
- 4.
Stucken and SAMIL (both South African companies) account for 80Ā % of first stage world mohair processing globally.
- 5.
SA Mohair Brokers Ltd trading as Cape Mohair & Wool (CMW).
- 6.
This collective dimension attached to a territory contrasts with the traditionally private nature of the intellectual property rights (IPR) system. Classified as a distinct IP right under TRIPS, GIs are essentially considered to be private rights. This to an extent belies the unique nature of a GI as discussed in Chap. ļ»æļ»æļ»æļ»æ2 and it is widely argued that classification as a private IP right does not account for the characteristics of a GI that is based on public good considerations and collective ownership.
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BiƩnabe, E., Jordaan, D., Bramley, C. (2013). Private Versus Public Quality Schemes for Origin-Labelled Products: Insights from the Karakul Pelts and Camdeboo Mohair Industries. In: Bramley, C., Bienabe, E., Kirsten, J. (eds) Developing Geographical Indications in the South. Springer, Dordrecht. https://doi.org/10.1007/978-94-007-6748-5_4
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