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

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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

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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

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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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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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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

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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

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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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URL: www.ipo.gov.pk E-mail: lahore@ipo.gov.pk

THANKS FOR YOUR KIND ATTENTION