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June 13, 2014 Copyright 2007 Xellect IP Solutions 1.

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1 June 13, 2014 Copyright 2007 Xellect IP Solutions 1

2 Adding Value with Geographical Indications, Certification Marks and Collective Marks Dr. Arvind Viswanathan & Rachna Singh Puri International Workshop on Effective Implementation of an Integrated Approach of TQM, ISO & Intellectual Property Management by Small and Medium-sized Enterprises Mauritius, July 5 – 8, 2011 Copyright 2007 Xellect IP Solutions WORLD INTELLECTUAL PROPERTY ORGANIZATION

3 Seven Rays of IP Exclusivity June 13, 2014 Copyright 2007 Xellect IP Solutions 3

4 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 WIPOs system of international registration of marks June 13, 2014 Copyright 2007 Xellect IP Solutions 4

5 Servicemarks SM Servicemarks are distinctive signs, used to differentiate between identical or similar services offered by different producers or services providers Holiday Inn Crowne Plaza Priority Club Forum These are some of the service marks owned by InterContinental Hotels Group Inc., its subsidiaries or affiliates in different geographic locations June 13, 2014 Copyright 2007 Xellect IP Solutions 5

6 Establishing Individuality AND YET THERE IS: June 13, 2014 Copyright 2007 Xellect IP Solutions 6 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!!

7 7 IP and Marketing Collective marks Certification marks GIs Trademarks Individual marketing Joint marketing

8 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 June 13, 2014 Copyright 2007 Xellect IP Solutions 8

9 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 June 13, 2014 Copyright 2007 Xellect IP Solutions 9

10 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 June 13, 2014 Copyright 2007 Xellect IP Solutions 10

11 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 June 13, 2014 Copyright 2007 Xellect IP Solutions 11

12 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 June 13, 2014 Copyright 2007 Xellect IP Solutions 12

13 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 June 13, 2014 Copyright 2007 Xellect IP Solutions 13

14 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 June 13, 2014 Copyright 2007 Xellect IP Solutions 14

15 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 June 13, 2014 Copyright 2007 Xellect IP Solutions 15 Examples of Marketing Strategies under Certification Marks

16 –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 June 13, 2014 Copyright 2007 Xellect IP Solutions 16 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

17 –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 June 13, 2014 Copyright 2007 Xellect IP Solutions 17 CRAFTMARK – Another Example

18 –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 June 13, 2014 Copyright 2007 Xellect IP Solutions 18 CRAFTMARK Norms & 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:

19 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 June 13, 2014 Copyright 2007 Xellect IP Solutions 19

20 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 June 13, 2014 Copyright 2007 Xellect IP Solutions 20

21 Geographical Indications Geographical indications are defined at Article 22(1) of the World Trade Organizations (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. June 13, 2014 Copyright 2007 Xellect IP Solutions 21

22 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 June 13, 2014 Copyright 2007 Xellect IP Solutions 22 Geographical Indications (GIs) Basmati Rice Swiss Watches

23 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 June 13, 2014 Copyright 2007 Xellect IP Solutions 23 MANY COUNTRIES HAVE SEPARATE LEGISLATION ADDRESSING GIs

24 Alphonso mango Banarasi saree Darjeeling tea Pashmina shawl Muga silk Channapatna toys Examples of GIs June 13, 2014 Copyright 2007 Xellect IP Solutions 24

25 25 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

26 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 June 13, 2014 Copyright 2007 Xellect IP Solutions 26

27 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 June 13, 2014 Copyright 2007 Xellect IP Solutions 27

28 28 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

29 29 IP and Marketing Collective marks Certification marks GIs Trademarks Individual marketing Joint marketing Origin: enterprise Individual reputation Origin Common reputation, characteristics, qualities

30 Strength in Numbers If you cant Beat Them Join Forces to Beat Them! Copyright 2007 Xellect IP Solutions WORLD INTELLECTUAL PROPERTY ORGANIZATION


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