IPO-PAKISTAN INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN 1 GIs as Economic Tool for SMEs...
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Transcript of IPO-PAKISTAN INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN 1 GIs as Economic Tool for SMEs...
IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
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GIs as Economic Tool for GIs as Economic Tool for SMEs Development: SMEs Development:
Current Status of Current Status of Protection in Pakistan; Protection in Pakistan;
Future Scenario Future Scenario
Muhammad Ismail
Deputy Director (In-charge)
IPO-Pakistan Regional Office, Lahore
December 17, 2011
IN THE NAME OF ALLAH, THE MOST BENEFICENT, THE MOST MERCIFUL
IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
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CONTENTS
•Definitions
•Value of GIs as Economic Tool: Case Studies
•Current Status of GI Protection in Pakistan
•Future Scenario
•Recommendations
IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
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DEFINITIONS
• Geographical Indications: indications which identify a good as originating in the territory of a Member (Country), or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin. (TRIPS Article-22)
• Micro Industry: Max. 10 employees
• Small Industry: Max. 50 employees
• Medium Industry: Max. 250 employees
IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
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FEATURES OF GIs
• Specific qualities of a product due to human factor.
• Place of origin :a village or town, a region or a country.
•A specific link exists between the products and their
original place of production.
IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
GIs as Economic Tool for SMEs
• Increase in market value
• Premium Price Advantage
• Development of Branding culture
• Preservation of Heritage
• Association of small business
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IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
GIs as Economic Tool
• Case Study-1: Cheddar Cheese
– Origin: English village
Cheddar
– History: Since 12th Century
– Annual Production (UK): 258,000 tons
– Annual Sales: £1.9 billion(Rs. 275
billion)
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Source: www.wikipedia.org
IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
GIs as Economic Tool
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• Case Study-2: Darjeeling Tea
– Origin: Darjeeling, Indian
Bengal
– History: Since 17th Century
– Annual Production: 10.0 million Kgs
– Annual Revenue: $7.5 million(Rs. 675million)
Source: www.darjeelingtea.com
IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
GIs as Economic Tool
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• Case Study-3: Jamaica Blue Mountain Coffee
– Origin: Jamaica, S.A
– History: Since 1885 A.D
– Annual Production: 4.0 million pounds
– Annual Revenue: $2.8 billion(Rs. 250 billion)
Source: www.bluemountaincoffee.com
IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
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GI Protection Systems in the world
• Composite with Trademarks
– Collective Marks– Certification Marks– Pakistan, United States, Japan etc.
• Stand Alone GI Law
– Separate Geographical Indications Law– European Union, India, China etc.
Article 22-24 of TRIPS Agreement deal with GIs. There is no obligation for separate GI protection.
IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
Current Status of GI Protection in Pakistan
• Collective Marks– Section 82 of Trademarks Ordinance, 2001
read with First Schedule
• Certification Marks– Section 83 of Trademarks Ordinance, 2001
read with Second Schedule
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IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
Application Procedure
• Collective Mark: Form TM-3 (Fee Rs. 2000/-)(a) the name of the association of persons and their respective office address; (b) the object of the association; (c) the details of members; (d) the conditions for membership and relation of each member with the group; (e) the persons authorized to use the mark and the nature of control the applicant exercise over the use of the collective mark; (f) the conditions governing use of the collective mark, including sanctions; (g) the procedure for dealing with appeals against the use of the collective mark; and (h) such other particulars as may be called for by the Registrar.
• Certification Mark: Form TM-4 (Fee Rs. 2000/-)(a) The description of the applicant; (b) the nature of the applicant’s business; (c) the particulars of technical manpower support; (d) the applicant’s competence to administer the certification scheme; (e) the applicant’s financial arrangement; (f) an undertaking from the applicant that there will be no discrimination of any party if they meet the requirements set down in the regulation; (g) the characteristic the mark will indicate in the certified goods or in relation to the rendering of certified services; (h) the manner of monitoring the use of the mark in Pakistan; and (i) such other particulars as may be called for by the Registrar.
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IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
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Future Scenario: Salient Features draft GI Law
• Registration in respect of particular goods
• Prohibition of registration of a geographical indication
• Registration of homonymous geographical indication
• Application for registration
• Examination
• Withdrawal or acceptance
• Advertisement
IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
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Future Scenario: Continued…
• Opposition
• Registration
• Authorized user
• Duration of registration
• Rights conferred by registration
• Protection of Geographical Indications
• Infringement proceedings
• Exclusion from protection and exceptions
IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
Recommendations
• Identification of GIs
• Development of Databases
• Formation of Right-holders’ Associations
• Establishment of Certifying Bodies
• Registration at National and International Level
• Commercialization of GIs as economic tools
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IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
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visit IPO-Pakistan
at
URL: www.ipo.gov.pk E-mail: [email protected]
THANKS FOR YOUR KIND ATTENTION