The Social, Cultural and Economic Value of Geographical Indications for Saint Lucia

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From Tradition To Trade: The Social, Cultural and Economic Value of Geographical Indications for Saint Lucia

Rahym R Augustin-Joseph* and Travis Lay**


On 5 August 2024, the Gazette advertised the application for Saint Lucia’s first Geographical Indication (GI) for ‘Saint Lucian Rum’. This recent development has sparked this blog post about GIs. Article 22.1 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) provides an acute definition. It notes that a GI is a sign used on products that has a specific geographical origin and possesses qualities or a reputation that are due to its origin. Thus, a GI implies the presence of a special quality, reputation, or characteristic of the product essentially attributable to its place of origin. 

 

Some well-known examples of GIs include: Feta Cheese, Champagne, Pisco, Darjeeling Tea, Basmati Rice, Parma Ham, Scotch Whiskey, Tequila, Bordeaux Wine, Cognac, and most recently, Trinidad and Tobago Steel Pan. How many of these have you interacted with?

 

Imperatives for GIs

 

The value of GIs is its economic effect as they provide the location with a collective monopoly right, that is, those in the area are the only ones who can legitimately use it.[1] While there may be other locations in the world that possess the name ‘Saint Lucia’,[2] ‘Saint Lucian Rum’ can only be made and obtained from the Island of Saint Lucia located in the Caribbean. The ability to monopolise a product to a specific location allows for greater commercialisation of a country’s domestic product and overall country branding.[3]

 

There are also some socio-economic benefits of GIs. For instance, GIs have been described as a means of promoting rural development by using its protection of provenance. Where a product’s reputation is connected with its origins, this ultimately means that it is connected with the purist form of the culture.  GIs also have the capacity to increase the visibility of a product and promote higher returns on the investments made by producers.[4]

 

Within our Caribbean Region, notable GIs include ‘Jamaica Jerk’, which was the first protected GI in Jamaica,[5] ‘Jamaican Rum’ and ‘Trinidad and Tobago Steelpan’. Obtaining a GI also has the additional benefit of informally settling disputes about the origin and identity of products and art forms. However, it is worthy to note that not all well-known products are protected by GIs. For example, ‘Blue Mountain Coffee’ and ‘Trinitario Cocoa’ though internationally renowned are yet to be subject to GI protection for a variety of reasons. However, both of these latter examples clearly meet the requirements for GI protection. 

 

Legislative Framework for GIs in Saint Lucia 

 

The process for obtaining protection of GIs in Saint Lucia is governed by the Geographical Indications Act. Part II, of the Act notes that an application for a GI must:


- Be filed with the Registrar and must specify the name, address, nationality of the natural person or juridical person, the capacity in which the applicant is applying for the registration, the GI which is sought, the areas and goods to which the GI applies, and the quality, reputation or other characteristics for the GI. 


- The only individuals who can apply for the registration of the GI are persons who carry on an activity as a producer in the geographical area or their competent representative authority or a group of consumers.


- If it is granted it is only the producers carrying on their activity in the area specified that can have the right to use the GI in trade.


- After the application has been submitted and advertised, the competent authorities can object for non-compliance with the provisions of the legislation.


- There will be a fair hearing based on the allegations, which is undertaken by the Registrar who will ultimately determine whether the GI is granted or not. 


- According to Part III, section 12 of the Act, it is noted that any interested person, producer, or consumer who believes that the GI is being utilised to mislead the public as to the true origin of the good or unfair competition within the meaning of Article 10 of the Paris Convention, can approach the High Court. 


- Should the GI not conform to the definition of GIs in the Act, are against public order or morality, or lack protection in their origin country, it can be excluded from protection according to section 15 of the Act. 

 

Saint Lucian Rum: What about it? 

 

The quality, reputation and other characteristics of the goods which make it uniquely Saint Lucian according to the application[6] is that the rum possesses sensory values related to the raw materials utilised in the design of the fermentation process which also reflect the artisanal intertwining of the island’s French and English cultures in its creation under strict processing conditions on the island.

 

Further, there are different varieties and premiums to the Saint Lucia Rum, which is also protected, based on how long it has been distilled and blended, ranging from 1.5 years to 10 years. The rum's unique characteristics include its Chemical and organoleptic properties. It has an alcohol strength of at least 37.5% by volume, offering a complex aroma, taste, and flavour profile. This includes balanced notes of sweetness, tropical fruitiness, and a slight saltiness reminiscent of Saint Lucia's sea breeze. The rum's appearance ranges from clear to various shades depending on ageing. As it ages, it develops oaky, spicy, and woody notes, with a pleasant aroma and tropical fruit flavours.

 

The method is through independent fermentation and distillation of sugar molasses and the independent fermentation and distillation of sugarcane juice, all found and processed only in our fertile valleys which stretch from the base of the hills to meet with the ocean/sea. It is unique because the first part of the process invokes the traditional practices of English-style rums and the second part relies on the French-style rhum Agricole, which is combined to deliver the creolised rum blend of Saint Lucia. 

 

Saint Lucia is ideal for rum making because of its year-round micro-climate, particularly in the Roseau Valley, which is ideal for the ageing process due to heavy rainfall and its surrounding ridges. The taste of Saint Lucia Rum is also influenced by the volcanic rock formations enriching the water and the unique blend of English and French production styles, creating a vibrant flavour.

 

Possible Applications: The Future for Saint Lucia by Learning from the Past 

 

Had GI application and protection been widespread in the era of the Banana Boom, Saint Lucia could have obtained a GI for the agricultural process or aspects thereof in the planting, raring and cultivation of bananas. The state could have even gone as far as to create a unique breed of bananas that is only obtainable within the Saint Lucian climate and soil.

 

The next emerging agricultural product with distinct Saint Lucian features is sea moss. Saint Lucia supports local sea moss farmers, promoting exports and showcasing these products at international expos. This presents an opportunity to establish sea moss as a Geographical Indication (GI) of Saint Lucia, with the Royal Saint Lucia Seamoss Company as the ideal applicant. Additionally, Saint Lucia boasts a rich variety of products, from cooking styles and seasoning mixtures to ancestral practices, crafts, and traditional dresses. Capitalizing on these could enhance the market and cultural strength, leading to more Saint Lucian GIs and more international business success.


* Author can be contacted at: rahymrjoseph9@gmail.com. 

** Author can be contacted at: lay10travis@gmail.com. 

[1] Dwijen Rangnekar, UNCTAD-ISCTD Project on IPRs and Sustainable Development, Issue Paper No. 8 (UNCTAD) at page 16 https://ipbio.org/pdfs/papers/a.pdf

[2] Saint Lucia, South Africa and Saint Lucia, Australia

 

[3] Carlos Correa, Protection of Geographical Indications in the Caricom Countries, Universidad De Buenos Aires, January 2002, < https://www.researchgate.net/publication/265104739>

[4] Food and Agriculture Organisation of the United Nations, PROJECT: Promote Geographical Indications as a tool for sustainable rural development, <https://www.fao.org/geographical-indications/projects/promote-geographical-indications-as-a-tool-for-sustainable-rural-development/en> 

[5] Hibbert, K. (2016, April 19). Jamaica Jerk the Caribbean’s first geographical indication The Jamaica Observer Retrieved from http://www.jamaicaobserver.com/news/Jamaica-Jerk-the-Caribbean-s-first-geographical- indication-_58138. 

 

[6] Saint Lucia Government Gazette, Issue 32, 5 August 2024, 1048.

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