IPO-PAKISTAN INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN 1 Geographical Indications: Economic Importance: Need for Identification and Database Development

IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN

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Geographical Indications: Geographical Indications: Economic Importance: Economic Importance: Need for Identification Need for Identification

and Database and Database Development Development

Muhammad Ismail

Deputy Director (In-charge)

IPO-Pakistan Regional Office, Lahore

IN THE NAME OF ALLAH, THE MOST BENEFICENT, THE MOST MERCIFUL


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CONTENTS

•IP Management in Pakistan

•Value of GIs as Economic Tool: Case Studies

•Current Status of GI Protection in Pakistan: Future

Scenario

•Need for GI Survey

•How to Conduct the Survey


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What is Intellectual Property

Brain to Business

Knowledge Management


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INTELLECTUAL PROPERTY ASSETS

Patents Trade Secrets

Industrial Designs Genetic Resources

Trade Marks Traditional Knowledge

Service Marks Geographical Indications

Copyrights Plant Breeders Rights


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Legal Framework (Old and New)

OLD NEWPATENTS AND DESIGNS ACT, 1911 THE INTELLECTUAL PROPERTY ORGANISATION

OF PAKISTAN ORDINANCE, 2005 (renewed, 2010)

PATENT ORDINANCE 2000 (AMENDED IN 2002 & 2006)

TRADE MARKS ACT, 1940 TRADE MARKS ORDINANCE 2001

COPYRIGHT ORDINANCE 1962 COPYRIGHT ORDINANCE. 1962, (AMENDED IN 2000)

THE REGISTERED DESIGNS ORDINANCE, 2000

THE REGISTERED LAYOUT-DESIGNS OF INTEGRATED CIRCUITS ORDINANCE, 2000

PLANT BREEDERS RIGHTS BILL (Under approval)

STAND-ALONE GEOGRAPHICAL INDICATION LAW (Under submission)


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IP Management in Pakistan

• AUTOMATION OF IP REGISTRIES

• IMPROVEMENT IN SERVICE DELIVERY

• PUBLIC AWARENESS CAMPAIGN

• EMPOWERMENT OF FIA FOR INTERDICTION OF PIRACY

• ACTIVATION OF CUSTOMS FOR BORDER CONTROLS

AGAINST PIRACY AND COUNTERFEITING


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GI DEFINITION

• 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)


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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.


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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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



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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



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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.


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: Stand-Alone GI Law

• Stand-Alone GI Law Drafted and submitted to Law

Division for final vetting.

• Consultations with Stakeholders in progress.


Need for GI Survey

• Identification of GIs

• Development of Database and Publication of GIs Book

• Exhibition of selected GIs on World IP Day, the 26th April,

2012

• Formation of Right-holders’ Associations

• Registration at National and International Level

• Commercialization of GIs and development of national

economy 17


How to Conduct the Survey

• Target Sectors to be approached– Producers/Growers – Processors– Traders– Exporters – Other local personnel having information

about the product

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Survey Form (English)

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Survey Form (Urdu)

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Table of Contents (GI Survey)

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Sr. No

Identified GI No. of Survey Forms(Urdu)

No. of Survey Forms (English) Total Forms

12345678910

SignatureName & Designation of Officer

PSIC OfficeTelephone: Fax:

Email:Postal Address:


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visit IPO-Pakistan

at

URL: www.ipo.gov.pk E-mail: [email protected]

THANKS FOR YOUR KIND ATTENTION

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IPO-PAKISTAN INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN 1 Geographical Indications: Economic Importance: Need for Identification and Database Development