IP Management in Pakistan; Importance of GI Protection
‘a way forward for local development’
Nadia Zubair ShahDeputy Director
IPO-Pakistan1
IP Management in Pakistan
INTELLECTUAL PROPERTY MANAGEMENT IN PAKISTAN
COULD BE DIVIDED IN TO TWO PERIODS:
PRE 2005 PERIOD Fragmentation Deterioration No automation
POST 2005 PERIOD IPO created as an autonomous body to encompass all
intellectual Property related functions. IPO directly under prime minister’s stewardship High powered policy board Integrated offices
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IP Management in Pakistan
Automation of IP registries
Improvement in service delivery
Public awareness campaign
Empowerment of FIA for eradication of
piracy
Activation of customs for border controls
against piracy and counterfeiting
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Core Functions of IPO-Pakistan
Integration of IP Management
Improvement in Service Delivery
Increasing Public Awareness
Enforcement Coordination
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Enforcement Strategy
Enhancing Awareness
Strengthening Enforcement
Coordination
Capacity Building of Enforcement
Agencies
Facilitating Access to Legitimate
Products
Relentless Enforcement Drive Against
IPR Crime
Effective Prosecution for Achieving
Court Convictions
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Challenges
Strong Lobbies of Counterfeiters and
Pirates
Weak Prosecution and element of
corruption
Non availability of IP specialized Judges
Lack of Public Awareness about genuine
and fake products
Purchasing Power of People
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Geographical Indications under TRIPS (art.22.1)
Geographical Indications (GIs) are Indications which identify a good (food, handicraft, etc) which have a given quality, reputation or other characteristic essentially attributable to its geographical origin.
The use of a GI may act as a certification that the product possesses certain qualities, or enjoys a certain reputation, due to its geographical origin. 7
GI as an IPR
Geographical Indications (GIs) are names,
– Darjeeling Tea – Argan Oil – Srilankan Ceylon Tea
identifying products whose unique qualities,
reputation or other characteristics depend
essentially on their area of origin
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Aims and Objectives
Encourage diverse agricultural production Improve rural Income & maintain rural
population Protect product names from misuse and
imitation Help consumers by giving them information
concerning the Specific character of the products
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Concept of Geographical Indications
GI as an Intellectual Property Right (GIs are not transferable and production can not be displaced)
Importance of GIs GI as a Quality Sign GI as a developmental Tool GI as a marketing Tool
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Importance of GIs Consumer benefits• Quality assurance• Specific character• Traceability• Labeling Producer benefits• Prevent counterfeiting• Protect valuable product names• Fair competition• Maintain standards Societal benefits• Reconnect consumers and producers• Link valuable products to rural• Maintain quality standards Environmental benefits • Linking traditional product with landscapes and farming systems 11
Comparison between TM &GIsBrand Geographical Indication
PROTECTION OF NAMES
Type of law
Regulating human creation and property
Regulating the links between human activities and nature.
Term Linked to the use made by the owner; prescription if not used.
No prescription : “terroir” andheritage have no term.
Type of property
Individual, owned by a person or an organization.Asset of the firm; can be assigned, evaluated and sold.
• Collective, even if only one user.• Not possible either to delocalise or to sell.
Objectives
Corporate sign. The product and process can be changed immediately.
Codifying tradition and constant processes.
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Comparison between TM &GIsBRAND GEOGRAPHICAL INDICATION
PROTECTION OF ORIGINAL NAMES
Types ofrequirementsaboutcharacteristicsof the productand process
Up to the owner.May change withoutinforming thecustomer.Only availability ofthe name isexamined by theIP office.
Code of practices discussed by thestakeholders and integrating collective concerns. May change after agreement of the relevant collective organization. Everybody is informed ofany change. Transmission to future generations.Code of practices validated by the Govt and controlled on behalf of the Govt by an agreed Control body.
Functions Income for theowner
• Collective action with redistributionof value added to all stakeholders.• Local and community development
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How to promote Geographical Indications
Set up an appropriate and efficient legal framework
Enforce rules
Select products deserving GI protection
Control and monitor the right-owners which are producing, processing and trading the protected quality goods
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Theme of Setting up of an appropriate & efficient legal
framework Draft Ordinance on “The Geographical Indications
of Goods”, --close adaptation of the 1999 Indian
law.--benchmark on other relevant laws, the Thai
law and the new Cambodia law
Registration
(1) Competent authority (2) Group of persons
representing the producers’ interests
(association, Organization, co-operatives, ,..) 15
Pakistani GI Draft LawKEY POINTS TO BE OBSERVED
Must be in full compliance with the TRIPS Section 3
All kinds of goods to be protected: Agricultural, Industrial goods and handicraft
Accurate definitions of the protected signs Accurate definitions of the applications'
requirements Only collective bodies should apply “representing
the interest of the producers of the concerned goods”
Mention “human factors” Prohibition of registration of GI as trademark
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Pakistani GI Draft LawKEY POINTS TO BE OBSERVED Interest of all the skilled workers should be
watched who are not authorised users Protection should not come at the cost of
economic, administrative and legal disadvantage and inconvenience of the very people possessing the skill.
There should be a provision for quality control before and after registration
Issue of migration of skilled worker should be addressed
Need to renew the Registration after 10 years: non useful burden
Specific provision for universal recognition of GI products: GI registration needs to be honoured on a reciprocal basis among member countries.
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Enforcement
Users(I) The specifications of the goods should be in accordance with the conditions prescribed by Law (ii) The Right-owner must be able to train users on specifications, monitor and control users’ compliance with the registered specifications of the right.
Organization of the producers in a collective structure (GI societies)There should be an organization of producers to strengthen the institution. Capacity building of these organizations is needed so that they can draft the product specifications, draft the application for registration and monitor through inspection.
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Control and Monitor: Administration
Setting up a GI Registry
Capacity building of collective bodies and reliable
inspection bodies
Cost of registration should be set for: application,
notice of opposition, extension of time, certificate,
amendments and revocation of registration
Cost of litigation should be set for opposition and
appeal. It will depend on the complexity of the
case
Time frame for registration and protection should
be set.
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2020
How to promote GI CREATING A GI : The standard scheme
PRODUCT
PRODUCERS ASSOCIATION
SPECIFICATIONS
Name & logo to be protected
Registration
PROMOTION
CONTROL BODIES
Promote awareness of the Pakistani GI products
A specific mark should be set for each product. Collective advertising campaigns could be undertaken.
At the national level, the marketing policy of the right-owners’ bodies and organizations :organize fairs, skill training, setting up website and GI Portal, emporium, etc..
International fairs and promotional tours for accessing major global potential markets.
Government may assist in bearing cost for lawyers and social scientists, domestic data base, training producers and officials, drafting product specifications and strengthening system for inspection.
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Action Plan Strategy Strategy I: Implementation and enforcement
of the new law and consequent regulations Strategy II: Institutional Strengthening—
Capacity building and inter-institutional coordination, organizational audits, feasibility studies and case studies for specific products by assessing the economic, social and technical Interest for protection under the GI framework.
Strategy III : The creation and training of the public and private agencies, lawyers and association involved in GI setup, on-line access to information;
Strategy IV: Promotion of GI Products—the promotion of new GI products in the local and global Markets by supporting all those involved from producers to retailers in those countries where there are large south Asian communities, such as USA, Canada UK and other EU countries.
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Potential GI Products Basmati Rice Kashmiri/ Punjabi Phulkari Sindhri and Chaunsa Mango Sargodha Kinno Peshawari Chappal Multani Sohan Halwa Kohat Guava Sharakpur Guava Hyderabad Bangles Blue Pottery (Multan) Chiniot Woodwork Balochi Sajji etc (List of Potential GIs) (Pending GI
applications)
List needs to be finalized after extensive discussion with producers, traders and policy makers. 23
List of Potential GIs Gunranwala colored pottery Gunranwala Metal engravings Hala colored woodwork Hala ki Ajrak Harnoli Peanut Hunza Apples Hunza Apricot Hunza Peach Hunza Plum Hunza Rubbi Hunza Walnet Hyderabad Rabri (Sweets) Hyderabald Bangles Kamalia Khadar Kashmir Pashmina Kashmir Turmiline
Namal Trout Neeli Buffalo Neeli Ravi Buffalo Okara Potato Patuki Floriculture Perry Dot Valley Perry Dot stone Peshawar Chapli Kabab Peshawari Chapal Peshawari Qahwah Phulkari Potohar stone work Qasuri Methi Qasuri Haldi Quetta Onion Quetta Red Pomegranates Rajar Sweets (Gur)
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List of Potential GIs Khanpur Khoa (Sweet) Khattak Dance Khushab Dhodha (Sweets) Khyber Guns Kilash dress Kohat Shawl Kohati Chappal Kundri Red Chilli Larkana Guava Makran Dates Mansehra Tea Mardan Paray (sweets Multan Blue Pottery Multan Chounsa (Mango) Multan Kamel Skin art Multan Mango Multani Clay Art Multani Khussa Multani Sohn Halwa Mutan woven cotton (Bed sheets)
Sahiwal Cattle Sakkardu Aqua Marine Sakkardu Topaz Sakkhar Dates Sargodha Kinnow Sharaqpur Guava Shikarpur Pickles Sialkot Sports Goods Sialkot Surgical Goods Silanwali Craft Work Sindh Coastal Papaya Sindhi Ajrak Sindhi Topi (Cap) Sindhri Mango Sundarkhawni Grapes Swat emerald Wazirabad cutlery work Wazirabad metal work Ziarat Apples
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GI applications filed at the TMR karachi
BASMATI RICE (Decision Pending at the High Court) MULTANI MANGO filed by Multan Mango Growers
Association in year 2009 SHARAKPUR GUAVA filed by Guava Growers
Association in year 2009 NEELI RAVI BUFFALO AND NEELI BUFFALO filed
by Live Stock Farmers and Breeders Association Lahore in year 2010
DHANI CATTLE AND CHOLISTANI CATTLE filed by Live Stock Farmers and Breeders Association Lahore in year 2010
PHULKARI filed by Heritage Association in year 2010
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