June 13, 2014 Copyright 2007 Xellect IP Solutions 1.

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Copyright 2007Xellect IP Solutions

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Adding Value with Geographical Indications, Certification Marks and Collective Marks

Dr. Arvind Viswanathan&

Rachna Singh Puri

International Workshop onEffective Implementation of an Integrated Approach of

TQM, ISO & Intellectual Property Managementby Small and Medium-sized Enterprises

Mauritius, July 5 – 8, 2011


WORLD INTELLECTUAL PROPERTY ORGANIZATION

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Seven Rays of IP Exclusivity™

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T®ademarks™• Trademarks are distinctive signs, used to differentiate between

identical or similar goods offered by different producers or service providers

• Trademarks may be one or a combination of– words – letters – numerals– drawings– symbols– three-dimensional signs– audible signs– fragrances– colors

• Trademark may be filed with the appropriate national or regional trademark office or through WIPO’s system of international registration of marks

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ServicemarksSM

• Servicemarks are distinctive signs, used to differentiate between identical or similar services offered by different producers or services providers

Holiday InnCrowne PlazaPriority ClubForum

These are some of the service marks owned by InterContinental Hotels Group Inc., its subsidiaries or affiliates in different geographic locations

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Establishing Individuality

AND YET THERE IS:

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Logos and names of products are trademarks and copyrights owned by the corresponding businesses and corporations

Images obtained from various copyrighted sources, to which it is attributed. No liability or ownership of material is warranted by the use of these images

BOTH THE SHAPE AND THE NAME HAS BEEN TRADEMARKED!!

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IP and Marketing

• Collective marks• Certification marks• GIs

Trademarks

Individual marketing

Joint marketing

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Collective Marks

• Collective Mark is a special type of trademark belonging to an association– Only the members of the association can use the Collective Mark

• Collective Mark is used as an indication to the relevant public that goods or services originate from a member of a particular association– Therefore a sign of membership

• Association of persons can be manufacturers, producers,

suppliers, traders or other professional bodies

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Examples of Collective Marks

• "CA" device used by the Institute of Chartered Accountants

• "CPA” mark, used to indicate members of the Society of Certified Public Accountants

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Benefits for SMEs

• Economies of scale (registration cost, advertising campaign, enforcement, etc.)

• Reputation acquired on the basis of common origin or other characteristics of the products made by different producers/traders

• May facilitate cooperation amongst local producers/traders• Creation of collective mark hand in hand with development of

certain standards and criteria (rules) and common strategy– collective marks can become powerful tool for local development

– harmonization of products/services, enhancement of quality

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Certification Marks

• A certification mark is any word, name, symbol, or device used by a party or parties other than the owner of the mark to certify some aspect of the third parties’ goods/services

• An organization with National or International accreditation conducts testing/certification for a product/service owned by a third party for:

- origin,

- material,

- mode of manufacture of goods,

- performance of services,

- quality,

- accuracy or other characteristics

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Characteristics of a Certification Mark:

Owner of the Certification Mark does not use it A Certification Mark does not indicate commercial source A Certification Mark does not distinguish the goods or services of one

person from those of another person The purpose of the Certification Mark is to provide a guarantee to the

relevant public that goods or services possess a particular characteristic Typically the certifying authority conducts a regular audit to ensure that

the tested standard is maintained The products or services can be de-listed from the Certification Mark due

to non-compliance finding of an audit

Certification Marks

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Examples of Certification Marks

Japanese Industrial Standards Asthma and Allergy Friendly

The WOOLMARK is an example of conveying to the public that the goods bearing WOOLMARK are made from 100% wool

ISI mark by Bureau of Indian Standard on quality of goods

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Benefits

• For Consumers: – Guarantee for consumers of certain quality

• For SMEs: – Benefit from the confidence that consumers

place in users of certification mark

– Strengthen reputation

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• For example, certify that:

Product is handmade

Certain ecological requirements have been respected

No children were employed in the production process

Products have been produced in specific geographical region

Products are made 100% of recyclable materials

Products are made by indigenous group

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Examples of Marketing Strategies under Certification Marks

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– Registered by Silkmark Organization of India– Quality assurance symbol denoting that the products

on which it is applied are made from 100% natural silk as base material

– Other ornamental work may be present

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SILKMARK – An Example

Mark is a registered trademark in India

• Silk Mark is a quality assurance label which is aimed at protection of the interests of the consumers, Traders and Manufacturers of pure Silk.

• Silk Mark aims at the generic promotion of silk. • Silk Mark is aimed at building brand equity of Indian Silk. • Silk Mark aims at a cohesive campaign with all stakeholders in

the Silk value chain to promote Silk

http://www.silkmarkindia.com/

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– Registered by the All India Artisans and Craftworkers Welfare Association (AIACA)

– Logo symbolizes ‘threads’ from craft product. Also metaphor for the hands of the craft worker.

– Certifies that product is genuine Indian handicraft or handloom

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CRAFTMARK – Another Example

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– Minimum standards + norms for labeling

– Fee based on turnover of the applicant

– Increases consumer awareness of distinct handicraft traditions

- AIACA is working towards building the Craftmark

into a strong brand

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CRAFTMARKNorms & Advantages Offered

- national advertising campaign - in-store displays and posters - direct mailing to consumers- tying up with international craft support organizations to

publicize the Craftmark in other countries

Website: www.craftmark.org

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Conformance Marks

Most equipment and tools have conformance marks stamped, inscribed, molded, or printed on them to indicate that the tool or equipment in question meets the standards set by the body indicated by the mark or marks in question

Certification marks and conformance marks are interchangeable

Examples of such marks include the Underwriters Laboratories mark in the USA, and the CE mark in Europe

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Difference between Collective Marks & Certification Marks

Distinguished by the User:

Collective Marks may be used by particular members of the organization which owns them

Certification Marks may be used by anybody who complies with the standards defined by the owner of the particular certification mark

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Geographical Indications

• “Geographical indications” are defined at Article 22(1) of the World Trade Organization’s (WTO) 1995 Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) as-

“indications which identify a good as originating in the territory of a Member, 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.”

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GI is an indication or appellation of origin

Typically used to identify agricultural, natural or manufactured goods originating in a particular area

Must have a special quality or characteristic or reputation based upon the climatic or production characteristics unique to the geographical location

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Geographical Indications (GIs)

Basmati Rice Swiss Watches

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• GI identify goods but not a service

• GI not restricted to geographical names but may include other signs– May be geographical significance and non political geographical areas

• E.g. Pyramids of Egypt, the Rock of Gibraltar, or the Eiffel Tower

• GI cannot be created but recognized

• GI confirms the value of a product which already exists

Geographical Indications

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MANY COUNTRIES HAVE SEPARATE LEGISLATION ADDRESSING GIs

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Alphonso mango

Banarasi saree Darjeeling tea

Pashmina shawl

Muga silkChannapatna toys

Examples of GIs

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• GIs shift focus of production to quality increased production local job creation

• Reward producers with higher income in return for efforts to improve quality

• Provide consumers with high-quality products whose origin and mode of production is guaranteed

Benefits for SMEs

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Ownership & Enforcement

• The State, through the local community, becomes the Proprietor

• Vigilance on part of everyone to ensure no passing-off– Onus generally falls on the community involved

• Part of GI Registration includes a list of proscribed actions against unauthorized users

• Both local community & the State become involved against infringers

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Difference between Collective Marks and GIs

Distinguished by “What” and “Who”

• GI is an indication for origin and identity for a good used by registered proprietor and authorized users

• Collective mark is a mark indicating a membership or identity for a member of the association

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Importance of Trademarks

• Consumers are unable to assess the quality of products on the market

• Trademarks refer to the reputation and to certain qualities of the products

• Trust in the mark is the reason why consumers may be willing to pay more

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IP and Marketing

• Collective marks• Certification marks• GIs

Trademarks

Individual marketing

Joint marketing

•Origin: enterprise•Individual reputation •Origin

•Common reputation, characteristics,

qualities

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Strength in Numbers

If you can’t Beat ThemJoin Forces to Beat Them!


WORLD INTELLECTUAL PROPERTY ORGANIZATION

June 13, 2014 Copyright 2007 Xellect IP Solutions 1.

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Transcript of June 13, 2014 Copyright 2007 Xellect IP Solutions 1.