Presentation is loading. Please wait.

Presentation is loading. Please wait.

World Intellectual Property Organization Trademarks, Industrial Designs and Geographical Indications: A Business Tool for Economic Development Federico.

Similar presentations


Presentation on theme: "World Intellectual Property Organization Trademarks, Industrial Designs and Geographical Indications: A Business Tool for Economic Development Federico."— Presentation transcript:

1 World Intellectual Property Organization Trademarks, Industrial Designs and Geographical Indications: A Business Tool for Economic Development Federico Guicciardini Corsi Salviati Officer-in-charge Information and Promotion Division (IPD) Sector of Trademarks, Industrial Designs and Geographical Indications National Seminar for Patent Attorneys October 24 and 25, 2007 – Minsk (Belarus )

2 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Table of Contents 1.Introduction 2.Trademarks (Collective and Certification Marks), Industrial Designs and Geographical Indications for economic development 3.The concept of Branding 4.Conclusions

3 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications (1) Introduction

4 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Introduction Collective marks, certification marks, industrial designs and geographical indications (appellations of origin) are important Intellectual Property Rights (IPRs) for the promotion of economic development The application of these IPRs require a strong implication by central and local governments to be effective Protection of GI more problematic at an international level than industrial designs, collective and certification marks

5 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Role of IP in Marketing Consumers are not always able to assess the quality of specific products on the market These Intellectual Property Rights (IPRs) refer to the reputation and to certain qualities of the products Trust in these IPRs is the reason why consumers may be willing to pay more in buying the original product

6 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications IP and Marketing Trademarks and IDs are focussing on individual marketing Acting individually it is often difficult to gain product recognition Collective, certification marks and geographical indications are focussing on joint marketing Some knowledge and production techniques belong to entire communities and can therefore hardly be attributed to a particular individual

7 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Value of Trademarks in 2006 (*) 1. Coca Cola67,4 2. Microsoft56,9 3. IBM56,2 4. GE Intel Nokia Toyota Disney McDonald’s Mercedes21.8 (*) In $ Billions

8 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications (2) Collective Marks

9 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Collective Marks Marks used to distinguish goods or services produced or provided by members of an association IPRs belonging to an association or cooperative whose members use the collective mark to market their product Set of criteria for using the collective mark (e.g. quality standards)

10 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Collective Marks Collective mark Vs individual mark Focus on the good or service rather than on the single enterprise as the source of the good or services Close links with geographical indications

11 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Collective Mark Rules Comply with rules, criteria, procedures and sanctions set by the producers’ association Membership Quality control

12 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Benefit of Using CM Saving on registration cost, advertising campaign, marketing, enforcement etc. Reputation on the basis of common origin or other characteristics of the product made by different producers May facilitate cooperation among local producers and traders and enhance quality control

13 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Collective Marks Function Collective marks provide information to customers about the origin of the products, their level of quality, accuracy, geographical origin or other features established by the reference association Collective marks are used to protect goods or services in a wide range of economic sectors, including the agro- food industry, textile and fashion industry, tourism, handicraft, etc.

14 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Melinda Consortium (Italy) Consortium with 5,200 members 3 Millions tons of apples harvested every year by 16 cooperatives Representing 60% of Trentino, 10% of Italy and 5% of European production Brand created in 1989 Logo made in England

15 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Melinda Consortium (Italy) Two separate valleys in Trentino local government Join under a unique brand many little local producers used to apply same traditional production techniques Only with these special characteristics the fruits would have deserved the plus of the Melinda label

16 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Interflora (International) The world’s largest flower delivery Quality, creativity and choice 58,000 florists delivering flowers to over 140 different countries The Roman God Mercury is now one of the most recognized marks in the world and a shared symbol of quality and service

17 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications (2) Certification Marks

18 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Historical Background Egyptians, Greeks, Romans and Chinese used various forms of stamps or marks to indicate who made certain products 12th: trade guilds and marks 13th: bell makers use marks 1266: Bakers Marking Law (England) 1353: ownership by using marks 1373: bottle-makers to be marked 15th & 16th: marks proliferate 1618: first ref. to infringement 1653: De Porceleyne Fles (Holland)

19 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Marks Used by Trade Guilds Florence, Italy – XIII Century Butchers Judges Silk LocksmithsBlacksmiths Wool

20 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Certification and Collective Marks XXI Century Ham WoolLeather TextileWine Flowers

21 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Certification Marks Marks used to distinguish goods or services that comply with a set of standards and have been certified by a certifying authority Usually given for compliance with defined standards, may be used by anyone whose products meet certain established and certified standards

22 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Certification Marks Certification marks must protect products and services according to well established criteria: Legal evidence that the product comply with a national/international accredited standard Proven accreditation by a well known certification organization Formal assurance that the manufacturer is being regularly audited by the certification organization, at unannounced intervals, to ensure the maintenance of the original standards

23 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Certification Marks Among other things, certification marks attest that: A product is handmade Certain ecological requirements have been respected in the making No children were employed in the production process Made in specific geographical regions 100% of recyclable material Made by indigenous group

24 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Rugmark (International) Global non-profit organization working to end child labor and offer educational opportunities for children in India, Nepal and Pakistan RUGMARK label is assurance that no illegal child labor was employed in the manufacture of a carpet or rug

25 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Woolmark (Australia) Certification mark attesting that the products on which its label is stamped are made from 100% new wool and comply with strict specifications set down by the Woolmark company Registered in over 140 countries and is licensed to producers who are able to meet these quality standards in 65 countries

26 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Woolmark (Australia) The power of this brand ensures to retailers and consumers a strong quality endorsement In consumer tests, garments displaying Woolmark are perceived as 17% higher in value 66% of consumers feel more confident about buying a wool garment carrying the Woolmark In consumer tests, garments displaying Woolmark are 30% more likely to sell 77% of consumers (over 2 billion consumers worldwide) recognise the Woolmark 79% of retailers prefer garments to carry Woolmark labels

27 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications China Compulsory Certification (CCC) Required for a wide range of manufactured products before being exported to or sold in the People Republic of China market The CCC Mark is required for products in 19 groups divided into totally 132 product categories

28 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications ITC Czech ITC has been providing professional services in the field of toys testing and certification for more than 15 years Cooperation since 2004 with the Italian Institute for Toys Safety (IISG) which was looking for a suitable partner for extension of the “Safe Toys“ project into East European countries

29 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications (2) Industrial Designs

30 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Definition What is protected is the aesthetic feature of a product not the technical (Patents) nor distinguishing features (Trademarks)

31 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications The Value of a Creative Design Makes a product attractive and appealing Target specific market segments Create a new market niche Strengthen brands

32 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Protecting Through Registration Exclusive right to prevent unauthorized copying or imitation by others Return on investment Business asset increasing commercial value of a company and its products Registered design may be licensed (or sold) Encourages fair competition and honest trade practices

33 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Reasons for Protecting in EU 70%prevent copying 23.4%company policy 20.3%get ahead competition 10.1%prestige 6.5%prevent people think “I copy” 5.8%other

34 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Protection at Home and Abroad The national route –each country where you seek protection The regional route –countries members of a regional agreement: African Regional Industrial Property Office; Benelux Design Office; Office for Harmonization of the Internal Market of the EU; Organisation Africaine de la Propriété Intellectuelle The international route –Hague agreement - Administered by WIPO (47 countries)

35 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Classes of Goods 2006

36 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Designs in Industry

37 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications (2) Geographical Indications

38 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Geographical Indications (GIs) Indication which identifies 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 attribuable to its geographical origin (TRIPS)

39 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Appellation of Origin From the Lisbon Agreement, the geographical name of a country, region, or locality, which serves to designate a product originating therein, of which the quality and characteristics are due exclusively or essentially to the geographical environment, including natural and human factorsLisbon Agreement Lisbon Agreement has at present 26 Member States

40 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Country of Origin From the Lisbon Agreement, the country whose name, or in which is situated the region or locality whose name, constitute the appellation of origin which has given the product its reputation

41 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Standards of Protection (GIs) GIs shall be protected against: 1.Any use in the designation or presentation of a good which misleads the public as to its geographical origin 2.Any use which constitutes an act of unfair competition within the meaning of Art.10bis of the Paris Convention 3.Registration of trademarks which can mislead the public as to the geographical origin of products 4.Deceptive geographical indications

42 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Standards of Protection (GIs) GIs for wines or spirits shall benefit from additional protection against: 1.Any use of the GIs which identifies a wine or a spirit not originating in the area indicated 2.Registration of trademarks not having the geographical origin indicated 3.Homonymous GIs (for wines)

43 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Four Categories to Protect GIs Laws focusing on business practices Trademark law: –Protecting GIs agains the registration and use as trademarks –Protecting GIs by means of collective, certification or guarantee marks Laws providing sui generis protection for GIs that relate to products with specifically defined characteristics Laws providing special protection for GIs without specific definitions or prior recognition requirements

44 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications WIPO Standing Committee Definition of GIs Protection in Country of Origin Protection Abroad Generic Terms Conflicts Between Trademarks and GIs Homonymous GIs Link Between Product and Origin

45 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Aceto Balsamico di Modena (Italy) Balsamic Vinegar date back to the tradition of the ancient Romans The term Balsamic is relatively new and was used for the first time in 1747 First ministerial authorisation to produce it dates from 1933 At present, the Consortium is working to obtain the registration of this fine vinegar with P.G.I. (Protected Geographical Indication) status

46 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Virginia (USA) Successful example to promote tourism, by the State of Virginia more than 30 years ago 1969 Virginia introduced the slogan Virginia is for Lovers At the time, total travelers’ expenditure in Virginia were 809 million US$ In 2005, they account for more than 11.6 billion US$ Three of every four US citizens correctly identify the slogan Mark has proven to be extremely durable, probably because of its simplicity

47 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications St. Moritz (Switzerland) The famous tourist location of St. Moritz protects its logo, slogan, design and name as part of an unique brand The sun and writing were used as early as 1930, the slogan “Top of the World” was added in 1987 Protection through the Madrid System in over fifty countries for up to 15 categories of merchandize Message aims to convey trust, quality, reliable performance, durability, tradition, competence and credibility

48 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Solingen (Germany) Solingen is a city in Germany as well as an appellation of origin and a quality mark A leading Cutting Industry since early middle age - Me fecit Solingen (1571) Name protected in Germany by trademark legislation –Made within the industrial area of Solingen –Conform with a specific quality standards Protection abroad partly under bilateral agreements and partly under regulations against unfair competition (Paris Convention)

49 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Darjeeling Tea (India) Darjeeling tea is the most famous tea cultivated in India (CM & AO) Production started in 1852 in the Darjeeling district (West Bengal) with less than 39 gardens for a total production of 21,000 kilograms of tea Today nearly 17,400 hectares in 87 gardens produce around 9 to 10 million kilograms of tea (52,000 workers on a permanent basis) Darjeeling logo, created in 1983, identify and protect a quality of tea produced exclusively in the Darjeeling district

50 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Protection of Cheese In Europe, the cheese production is particularly protected through both the appellation of origin and collective marks registration Example of this are the consortium of Roquefort, Brie de Meaux, Camembert de Normandie and Parmigiano Reggiano (all protected by appellation of origin) Roquefort and Parmigiano Reggiano are also registering the rights of their respective associations

51 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Parmigiano Reggiano (Italy) 450 dairies, 270,000 cows that produce milk for the Consortium 16 liter of milk to produce 1 Kg 12 months minimum of ageing of the wheels 550 liters of milk to produce a 38 Kg wheel 3,000 wheels produce in one year

52 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications (3) The Concept of Branding

53 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Branding Branding possess and develop multiple concepts: vision, mission, message, service & quality, image, differentiation, recognition, investment and pride

54 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications A Whole Image A brand it is not just a mark or a logo. Rather it is the whole image, a customer experience represented by a collection of images and ideas A brand serves to create associations & expectations among products made by a producer

55 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Purpose of Branding Gives a business/enterprise a significant edge over the competition Have the customer view a business/enterprise as the only solution to their problem A strong brand engenders feelings of trust, reliability, loyalty, empathy, responsiveness and recognition in the customer’s mind

56 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Building a Tradition (Longines) Never modified, continually used: the winged hourglass logo of the Longines watch-making company is the oldest valid trademark in the International Registry at WIPO Originally registered in Switzerland in 1889 and filed under the Madrid Agreement in 1893

57 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Building a Tradition (Longines) Building its brand by continually innovating and creating unique design Using IP system to protect and market the product

58 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Small Business Brands Branding a small business is possible Google used almost no advertising and developed extremely strong brand

59 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Branding Evolve (Nike) “Swoosh”

60 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications (4) Conclusions

61 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Using a TM, ID or GI Actively using these IPRs Using/maintaining them in marketing Using them on the Internet Using them as a business asset Using them on business papers or in advertising

62 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Conclusions Collective marks, certification marks, industrial designs and geographical indications may be used to promote key economic sectors such as tourism, the agro food industry, handicraft, cultural industries, etc. Change the vision behind the registration of IPRs (investment potential rather than protection only)

63 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Conclusions These IPRs are proven marketing tools for enhancing local and regional development at both individual and community level Successful case studies available in developed and developing countries Crucial component in licensing and franchising negotiations Encourage the producers to invest in maintaining and improving product quality

64 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications IP for Business Series by the SMEs Division of WIPO Looking Good (Designs) Making a Mark (Trademarks)

65 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications International Registration Gateway The Madrid SystemMadrid System The Hague SystemHague System Filing InformationFiling Madrid System Information NoticesInformation Notices Fees Calculator The Romarin DatabaseRomarin The Lisbon DatabaseLisbon Guides and Information MaterialMaterial The WIPO Gazette of International MarksWIPO Gazette Annual Statistics Contacts

66 Madrid System The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications Useful Internet Links at WIPO WIPO Administered TreatiesTreaties The SMEs Division of WIPODivision Resources for BusinessBusiness Calendar of MeetingsMeetings WIPO Electronic BookshopBookshop E-Newsletters

67 World Intellectual Property Organization Many thanks!


Download ppt "World Intellectual Property Organization Trademarks, Industrial Designs and Geographical Indications: A Business Tool for Economic Development Federico."

Similar presentations


Ads by Google