 |
Sri Lanka passed an amendment in 2022 to the existing Intellectual Property Rights Act No. 36 of 2003, introducing a Geographical Indication (GI) registry system. The necessary regulations to implement the Act have been prepared but are yet to be passed by the legislature. In the same year, Ceylon Cinnamon was registered as a GI product in the European Union. Currently, three GI products are in the process of registration: ‘Ceylon Tea' is prepared for registration with the European Union, whereas ‘Ceylon Golden Pineapple' and ‘Kolonna Pepper' are set to be registered domestically once the relevant regulations are enacted.
This paper intends to compare the governance mechanisms of tea, pepper, and pineapple GIs, with a focus on the role of producer groups and the quality control systems associated with the selected GIs. Both primary and secondary data were used for analysis, collected through desk research, key informal interviews, and focus group discussions with key stakeholders of the three products. The data were analyzed using content analysis, value chain analysis, and spreadsheet analysis.
The findings reveal that the producer group association of pineapple and pepper serves as the principal governing body for these two GIs. The associations are comprised of growers/producers, collectors, processors, and exporters, The associations are established under the Companies Act No. 7 of 2007, and operate as non-political, non-governmental, and non-profit limited liability companies. Furthermore, the association's board is appointed by its members during the Annual General Meeting. In contrast, the Ceylon Tea GI is governed by the Geographical Indication Management Committee (GIMC), an ad-hoc group under the Sri Lanka Tea Board. The GIMC includes representatives from associations of producers, collectors, manufacturers, and exporters. Members of the GIMC are appointed by their respective associations, with representation of all value chain segments, as stipulated in the GIMC constitution, ensuring each segment has a voice.
Governance and quality control mechanisms differ among the three GIs due to the number of value chain actors and institutions involved. Nonetheless, all three GIs implement a three-tier control system: self-control, internal control, and external control. The self-control mechanism is similar across all three GIs. However, the internal control mechanisms for pineapple and pepper GIs require controllers to meet specific competency requirements, as outlined in the quality control plan. Internal controllers are required to have field experience, relevant educational qualifications, and employment as extension officers at the Department of Export Agriculture. They must also submit a ‘conflict of interest' certificate before qualifying as internal controllers. These internal controllers are supervised by internal control managers, who act as the primary contact with the association board, while the external controller is appointed by the board. For the Ceylon Tea GI, internal control is managed by tea inspectors from the Sri Lanka Tea Board and the Tea Smallholdings Development Authority, with external control overseen by the Ministry of Plantation.
Several innovative measures have been introduced in the selected three GIs to strengthen the governance mechanisms, which can serve as a model for future GI products in Sri Lanka.
