Trademarks, Industrial Designs and Geographical Indications: A Business Tool for Economic Development National Seminar for Patent Attorneys October 24.

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

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

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

Trademarks and IDs are focussing on individual marketing
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 The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications

Value of Trademarks in 2006 (*)
Coca Cola 67,4 Microsoft 56,9 IBM 56,2 GE Intel Nokia Toyota 27.9 Disney 27.8 McDonald’s 27.5 Mercedes 21.8 (*) In $ Billions The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications

(2) Collective Marks 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) A collective mark is generally owned by an association or cooperative whose members may use the collective mark to market their products. The association generally establishes a set of criteria for using the collective mark (e.g., quality standards) and permits individual companies to use the mark if they comply with such standards. Collective marks may be an effective way of jointly marketing the products of a group of enterprises which may find it more difficult for their individual marks to be recognized by consumers and/or handled by the main distributors. Example: The Melinda collective mark is used by the 5200 members of the 16 apple producing cooperatives working in Valle di Non and Valle di Sole (Italy) who established the Melinda Consortium in 1989. 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 A collective mark is generally owned by an association or cooperative whose members may use the collective mark to market their products. The association generally establishes a set of criteria for using the collective mark (e.g., quality standards) and permits individual companies to use the mark if they comply with such standards. Collective marks may be an effective way of jointly marketing the products of a group of enterprises which may find it more difficult for their individual marks to be recognized by consumers and/or handled by the main distributors. Example: The Melinda collective mark is used by the 5200 members of the 16 apple producing cooperatives working in Valle di Non and Valle di Sole (Italy) who established the Melinda Consortium in 1989. 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 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 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. 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 Example: The Melinda collective mark is used by the 5200 members of the 16 apple producing cooperatives working in Valle di Non and Valle di Sole (Italy) who established the Melinda Consortium in 1989. In Trentino the cooperative movement boasts a century-long tradition, although the need to certify the origin of apples is much more recent. The idea of giving apples a brand name matured at the end of the 1980s, as a response by Trentino orchard fruit growers to the presence, on the Italian market, of large quantities of apples marketed under the name Val di Non, at least three times the amount of apples actually produced there. In 1989, 16 cooperatives producing apples in the Val di Non and Val di Sole valleys established the Melinda Consortium. The consortium model was based on the Council Regulation (EC) No. 2200/96; the partner cooperatives are made up of differing numbers of member producers (ranging from the 128 producers of the S.F.C. cooperative to the 637 producers of the C.O.CE.A. cooperative), totalling about 5,200 orchard fruit growers. The Consortium partners apply the “Product specification for integrated fruit production”, which sets out the guidelines for producing quality apples, in accordance with the standards demanded by consumers, envisaging explicit controls for verifying compliance by producers. Integrated production techniques are aimed at drastically reducing or eliminating the use of broad-spectrum chemicals in fruit growing, replaced with more natural and biological cultivation techniques, in order to produce better fruit in an environmentally sensitive way, the environment being the true asset that needs preserving in the interest of both the producers and consumers. The 3 cornerstones of the Melinda Consortium are: 1- the MELINDA BRAND NAME which enables consumers to easily identify objectively superior quality apples. Melinda apples, in fact: are grown exclusively in the Noce Valleys (which comprise the Val di Non and Val di Sole). The special and unique combination of latitude, lay of the land (altitude and exposure) and pedo-climatic characteristics (shallow soil, low rainfall in summer and low relative humidity, high temperature excursion) in these Alpine valleys ensure that they are one of the best apple-growing regions worldwide. The fruit produced here, in fact, features unique and inimitable characteristics, as regards appearance (thin skin, no russeting, limited lenticels, frequent over-colouring) and taste (very crunchy and fresh flesh, coupled with the right blend of sugars and acids); they are cultivated in accordance with the Integrated Production specification, which guarantees the maximum healthiness of the fruit and environmental friendliness; they are preserved, selected and packaged according to the strictest Italian and European quality control standards (ISO 9001, BRC, IFS certifications) the Consortium ORGANISATION which, thanks to the high degree of centralisation, can ensure Consumers the utmost reliability, with regard to uniform compliance with the product specification. The cultivation, harvesting and preservation methods, selection standards, packaging rules and the overall work carried out by the over 1,000 collaborators, in fact, are centrally managed, to ensure that Consumers, in Italy and elsewhere, can be absolutely sure of the quality of the fruit they’re buying when they choose Melinda apples the MEMBER PRODUCERS however, are the most important of the 3 cornerstones of the Melinda Consortium. Without the hard work, dedication and professionality of the over 5,000 fruit growers that live and work in the Noce Valleys, the Melinda Consortium simply would not exist. Good marketing and careful management undoubtedly help achieve these results, but without the raw material - the superior quality apples - they wouldn’t be enough. And apples are not like wine or cheese: there are no after-harvest processing techniques that can help improve their characteristics. The quality of Melinda apples begins and ends in the orchards, thanks to the work and professionality of our member producers. Melinda is not a joint-stock company, nor is it a multinational, it’s a consortium of apple growers. They are the sole owners of the Consortium and the only ones responsible for all Melinda represents to Italian and European consumers of top quality apples. 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 Example: The Melinda collective mark is used by the 5200 members of the 16 apple producing cooperatives working in Valle di Non and Valle di Sole (Italy) who established the Melinda Consortium in 1989. In Trentino the cooperative movement boasts a century-long tradition, although the need to certify the origin of apples is much more recent. The idea of giving apples a brand name matured at the end of the 1980s, as a response by Trentino orchard fruit growers to the presence, on the Italian market, of large quantities of apples marketed under the name Val di Non, at least three times the amount of apples actually produced there. In 1989, 16 cooperatives producing apples in the Val di Non and Val di Sole valleys established the Melinda Consortium. The consortium model was based on the Council Regulation (EC) No. 2200/96; the partner cooperatives are made up of differing numbers of member producers (ranging from the 128 producers of the S.F.C. cooperative to the 637 producers of the C.O.CE.A. cooperative), totalling about 5,200 orchard fruit growers. The Consortium partners apply the “Product specification for integrated fruit production”, which sets out the guidelines for producing quality apples, in accordance with the standards demanded by consumers, envisaging explicit controls for verifying compliance by producers. Integrated production techniques are aimed at drastically reducing or eliminating the use of broad-spectrum chemicals in fruit growing, replaced with more natural and biological cultivation techniques, in order to produce better fruit in an environmentally sensitive way, the environment being the true asset that needs preserving in the interest of both the producers and consumers. The 3 cornerstones of the Melinda Consortium are: 1- the MELINDA BRAND NAME which enables consumers to easily identify objectively superior quality apples. Melinda apples, in fact: are grown exclusively in the Noce Valleys (which comprise the Val di Non and Val di Sole). The special and unique combination of latitude, lay of the land (altitude and exposure) and pedo-climatic characteristics (shallow soil, low rainfall in summer and low relative humidity, high temperature excursion) in these Alpine valleys ensure that they are one of the best apple-growing regions worldwide. The fruit produced here, in fact, features unique and inimitable characteristics, as regards appearance (thin skin, no russeting, limited lenticels, frequent over-colouring) and taste (very crunchy and fresh flesh, coupled with the right blend of sugars and acids); they are cultivated in accordance with the Integrated Production specification, which guarantees the maximum healthiness of the fruit and environmental friendliness; they are preserved, selected and packaged according to the strictest Italian and European quality control standards (ISO 9001, BRC, IFS certifications) the Consortium ORGANISATION which, thanks to the high degree of centralisation, can ensure Consumers the utmost reliability, with regard to uniform compliance with the product specification. The cultivation, harvesting and preservation methods, selection standards, packaging rules and the overall work carried out by the over 1,000 collaborators, in fact, are centrally managed, to ensure that Consumers, in Italy and elsewhere, can be absolutely sure of the quality of the fruit they’re buying when they choose Melinda apples the MEMBER PRODUCERS however, are the most important of the 3 cornerstones of the Melinda Consortium. Without the hard work, dedication and professionality of the over 5,000 fruit growers that live and work in the Noce Valleys, the Melinda Consortium simply would not exist. Good marketing and careful management undoubtedly help achieve these results, but without the raw material - the superior quality apples - they wouldn’t be enough. And apples are not like wine or cheese: there are no after-harvest processing techniques that can help improve their characteristics. The quality of Melinda apples begins and ends in the orchards, thanks to the work and professionality of our member producers. Melinda is not a joint-stock company, nor is it a multinational, it’s a consortium of apple growers. They are the sole owners of the Consortium and the only ones responsible for all Melinda represents to Italian and European consumers of top quality apples. 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 Interflora is the world’s largest and most popular flower delivery network. Interflora has become synonymous with a concept that once would have been impossible to believe - that thoughts and emotions can be transmitted through flowers and within the day, personally delivered with style across the world. Quality, creativity and choice - One of the pleasures of ordering via Interflora is that the customer can rest assured that every detail is taken care of. As the leader in its field, Interflora is always striving to improve on the combination of creativity, experience and guaranteed quality which sets it apart from the competition. In order to continue to offer the highest standards and keep pace with the constantly changing marketplace, Interflora puts a lot of work into establishing what its customers want. Interflora mission is to ensure that Interflora will always be the consumer's first choice for flowers and appropriate gifts. This means: (1) Recognising and responding to our customers' changing needs (2) Providing a seamless service to our customers (3) Leading our industry in innovation and design (4) Continual improvement in quality, service, processes and costs and (5) Enabling our employees and associates to give their best. Worldwide - With worldwide reach and visibility, the Roman God, Mercury is now one of the most recognized brandmarks in the world and a shared symbol of quality and service. Our network stretches to over 58,000 florists worldwide delivering flowers to over 140 countries each maintaining the stringent standards that Interflora demands, so you can depend on us to express your thoughts through the most beautiful flowers and gifts in the world. History - the idea spread - Over 80 years ago the seeds of Interflora were sown in America, when two florists agreed to telegraph each other with requests because their flowers could not survive the four-day train journey needed for delivery. The growth of the Interflora network began with the use of telegraph to pass requests between florists. In the UK, the idea really took off in 1920, when a florist in Glasgow and a nurseryman in Essex looking to increase their business applied to join the American Association as foreign members. By 1923 there were 17 such members in the United Kingdom, enough to form a British unit. The name was changed in 1953 to Interflora. With a fresh and original idea, Interflora and its network has grown into the world's largest and most popular flower delivery network. Our combination of creativity, experience and guaranteed quality sets us apart from the competition, defining our position as The Flower Experts. Our UK head office, Interflora House is based in rural Sleaford, Lincolnshire, continuously and actively assisting and developing our Membership with the latest technology and marketing support. The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications

(2) Certification Marks
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) The Renaissance of Trademarks There is very little documentation of how marks were used between the fall of the Roman Empire and the beginning of the Renaissance. The purpose of marks changed rapidly during this period. Marks were first used to identify the maker for the protection of the consumer. Their use rapidly spread to identifying a maker with a guild and to protecting the monopolies of the guilds. Gradually in this period marks were recognized as a benefit to the maker. During a time when advertising was considered an unfair advantage, a maker's reputation would be carried with his mark. Eventually the property value of marks was recognized, although the laws protecting this value were vague. 12th century Trade guilds begin using marks. 13th century Bell makers begin using marks. Watermarks, also known as papermarks, first appear in Italy. 1266 Earliest English law on trademarks: Bakers Marking Law. Some bakers stamp a mark on the bread, others prick the bread. 1353 Statute passed enabling merchants whose goods had been pirated to provide evidence of ownership using marks appearing on the goods. 1365 Cutlers obtain protection for their monopoly and their marks in London, requiring registration with city officials. 1373 Ordinance passed requiring bottle-makers to place a mark on bottles and other vessels made of leather so their work could be identified. 1452 Earliest litigation over a mark: A widow is granted use of her husband's mark. 15th & 16th century Marks proliferate. Laws become more strict. 1618 First reference to infringement (Southern v. How): a clothier making inferior cloth uses the mark of a superior clothier. This case is considered a link between “merchants' marks” of the Middle Ages and modern commercial trademarks. 1653 De Porceleyne Fles established in Delft, Holland. Porcelain makers in Europe used marks similar to those on the Chinese ceramics by which they were inspired. The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications

Marks Used by Trade Guilds Florence, Italy – XIII Century
Silk Judges Wool Corporazioni delle Arti e Mestieri. Le "scholae", associazioni di mestieri dell'antica Florentia non scomparvero col decadere dell'impero romano, ma continuarono a sussistere dando poi origine alle Corporazioni, o Arti dei mestieri. Furono queste l'essenza stessa di Firenze, ricchezza e vanto della Repubblica, alla quale dettero la grandezza ed il prestigio a tutti noto; infatti la forza e il potere delle Arti condizionarono e determinarono ogni azione politica, civile, militare, religiosa del governo cittadino. Il Tribunale di Mercanzia o Mercatanzia era un ente giuridico istituito per essere collocato al di sopra di tutte le Arti, dalle quali però provenivano gli iscritti che lo componevano. Il Tribunale dirimeva le controversie che potevano sorgere fra le Arti in materia commerciale, esaminando e giudicando le cause con grande autorità. La Chiesa di Orsanmichele era il punto di riferimento religioso di tutte le Arti, le quali vi festeggiavano le ricorrenze dei propri Santi Patroni, raffigurati in famose statue all'esterno ed in pregevoli affreschi all'interno. Delle Arti facevano parte tutti i cittadini che svolgevano un attività: mercanti, uomini di legge, artigiani, artisti; le Arti, tutelando i propri interessi, garantivano anche quelli dei propri iscritti. Fu nel XIII secolo si verificò un riordinamento delle varie Corporazioni che, dopo alterne variazioni di numero, dette origine alla distinzione in Arti Maggiori (7) ed Arti Minori (14). Butchers Blacksmiths Locksmiths The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications

Certification and Collective Marks XXI Century
Leather Wool Flowers Corporazioni delle Arti e Mestieri. Le "scholae", associazioni di mestieri dell'antica Florentia non scomparvero col decadere dell'impero romano, ma continuarono a sussistere dando poi origine alle Corporazioni, o Arti dei mestieri. Furono queste l'essenza stessa di Firenze, ricchezza e vanto della Repubblica, alla quale dettero la grandezza ed il prestigio a tutti noto; infatti la forza e il potere delle Arti condizionarono e determinarono ogni azione politica, civile, militare, religiosa del governo cittadino. Il Tribunale di Mercanzia o Mercatanzia era un ente giuridico istituito per essere collocato al di sopra di tutte le Arti, dalle quali però provenivano gli iscritti che lo componevano. Il Tribunale dirimeva le controversie che potevano sorgere fra le Arti in materia commerciale, esaminando e giudicando le cause con grande autorità. La Chiesa di Orsanmichele era il punto di riferimento religioso di tutte le Arti, le quali vi festeggiavano le ricorrenze dei propri Santi Patroni, raffigurati in famose statue all'esterno ed in pregevoli affreschi all'interno. Delle Arti facevano parte tutti i cittadini che svolgevano un attività: mercanti, uomini di legge, artigiani, artisti; le Arti, tutelando i propri interessi, garantivano anche quelli dei propri iscritti. Fu nel XIII secolo si verificò un riordinamento delle varie Corporazioni che, dopo alterne variazioni di numero, dette origine alla distinzione in Arti Maggiori (7) ed Arti Minori (14). Ham Wine Textile 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 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 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 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 The organization was founded on a simple premise: If enough people demand certified child-labor-free rugs, manufacturers will only employ skilled, adult artisans and the exploitation of children in the carpet industry will come to an end. RugMark recruits carpet producers and importers to make and sell carpets that are made without illegal child labor. By agreeing to adhere to strict no-child-labor guidelines and by permitting random inspections of their carpet looms, manufacturers earn the right to place the certified and individually numbered RugMark label on their carpets. If inspectors find children working on looms, they are offered the opportunity to go to school instead, and producers and importers lose the privilege to use the RugMark label. When you purchase a rug with the RugMark certification label, you can be assured that: No child labor was used in the manufacture of a carpet or rug. RugMark inspectors have visited the loom or factory where the rug was made. A portion of the price of your rug pays for the education of former child laborers. You are helping to build a market for humanely produced goods and to put an end to the use of illegal child labor. Your rug is beautiful, inside and out. RugMark is making progress. In its first 10 years RugMark has helped to reduce child labor in the South Asian carpet industry by two-thirds. In India exporters (15 % of all registered carpet looms) are licensed and inspected by RugMark. RugMark inspectors visit an average of 64 looms each day, resulting in more than 16,000 inspections a year. Six RugMark schools and one rehabilitation center provide education to nearly 2,000 former child laborers. In Nepal - More than 500 manufacturers (70% of Nepal’s carpet exports) are inspected by RugMark. Since 1996, nearly 35,000 inspections have taken place. Since 1995, more than 1,500 children have been offered the chance to go to school instead of work. In Pakistan - More than 21,000 looms are registered with RugMark. 13 carpet exporters and producers are licensed by RugMark. Since 1995, RugMark has certified more than four million carpets. 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 Over 60 years experience in the wool industry and expertise in textile innovation, technical research and development allows us to offer a range of benefits and opportunities to companies at all stages of the textile pipeline and beyond. We specialise in the commercialisation of wool technologies and innovations, technical consulting, business information and commercial testing of wool fabrics Through ownership and licensing of the Woolmark, Woolmark Blend and Wool Blend we provide unique worldwide quality endorsement. Our brands and symbols are protected by rigorous and extensive control checks and recognised globally as unrivalled signs of quality and performance. If a wool product carries our brands, it carries our guarantee of product quality. We work with textile processors, designers and retailers in both the apparel and interior textile markets throughout the world. We operate globally so you will benefit from our services and specialist support wherever you are. Australian Wool Services is constantly seeking new opportunities through global strategic alliances in all major markets. AUSTRALIAN WOOL SERVICES - OWNER OF THE WORLD FAMOUS WOOLMARK. 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 The power of the brand remains strong in terms of exposure and is important to retailers and consumers as an independent quality endorsement. It adds value In consumer tests, garments displaying Woolmark are perceived as 17% higher in value. It provides consumer confidence 66% of consumers feel more confident about buying a wool garment carrying the Woolmark. It's a marketing asset In consumer tests, garments displaying Woolmark are 30% more likely to sell. Globally recognised 77% of consumers recognise the Woolmark. This means over 2 billion consumers worldwide. Demanded by quality retailers throughout the world 79% of retailers prefer garments to carry Woolmark labels. 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 product categories Implemented on May 1, 2002 and fully effective on August 1, 2003 (OBS: the deadline was initially May 1, 2003 and extended to August 1, 2003), the CCC Mark- China Compulsory Certification mark (as shown above) will be required for a wide range of manufactured products before being exported to or sold in the Peoples Republic of China market. The CCC Mark is required for products in 19 groups divided into totally 132 product categories. China has integrated its two compulsory inspection systems, one to check contents of products for import and export, and the other for quality control, into a single procedure as part of its commitment for entry into the World Trade Organization. Since May 1, 2002, two symbols used by the two systems, namely "CCIB" (Safety Mark, introduced in 1989 and required for products in 47 product categories) and "CCEE" (also known as "Great Wall" Mark, for electrical commodities in 7 product categories), have be unified and replaced by the symbol "CCC" (China Compulsory Certificate). After the initial 12-month transition period (i.e. starting on May 1, 2002 and ending on April 30, 2003) consumers in China will no longer see the symbols 'CCIB' and 'CCEE' on products, as they will be replaced by 'CCC'. According to Chinese laws and Regulation for Compulsory Product Certification, the Compulsory Product Certification System is applied to products related to human life and health, animals, plants, environmental protection and national security. Any product covered by the Catalogue should acquire the CCC mark before it can be marketed, imported or used for any commercial purposes in China. Starting on May 1, 2003, imported products without CCC mark may be held at the border by Chinese Customs and subject to other penalties. Component parts of a manufacturer's finished products may in some cases require CCC certification; in these cases, the component manufacturer is generally required to apply for the CCC mark. 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 ”SAFE TOYS“ CERTIFICATION MARK ITC has been providing professional services in the field of toys testing and certification for more than 15 years. In 2004, ITC was approached by 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. ITC became one of the many project˘s licensees and can now provide to the Czech producers services allowing them to mark high quality and safe toys with a yellow logo with “Safe Toys“ inscription. The “Safe Toys“ project brings a suitable solution for manufacturers and distributors that seek very careful assessment of the product considering all possible risks. Buying a product bearing the “Safe Toys“ mark is a good choice for the final consumer as well as a guarantee of safety provided through certification by a competent body. Continuous supervision of the product quality and safety throughout its introduction to the market provides a high degree of assurance that the toy will not cause temporary or permanent injury to the child˘s health. The certification mark is intended for all toys defined by the Council Directive 88/378/EEC: Games, combination boxes, educational toys, puzzle Dolls, figures, cars Doll carriages, aquatic toys Chemical toys, various sets for girls and boys Bobby cars, children´s scooters, children´s bicycles, swings, slides, balls and functional toys Toys for babies (rattles, teethers, toys to be used in sandpit, etc.) Toys powered by battery, toys with remote control Fancy dresses, masks, textile toys CONDITIONS OF OBTAINING “SAFE TOYS“ CERTIFICATION MARK Conditions for acquiring the right to mark the products with this certification mark are as follows: Meeting the requirements guaranteeing higher level of safety, described in General Rules for Licence and Use of “Safe Toys“ Mark and obtaining the certificate from the body authorized for activities in the “Safe Toys“ project Positive results of periodical inspections carried out by a body authorized for activities in the “Safe Toys“ project Signing a licensing agreement for the use of the “Safe Toys“ mark LABORATORY EVALUATION OF TOYS IN “SAFE TOYS“ SYSTEM Tests are carried out after prior hazard analysis and classification of toys according to the age category by a specially trained certification person. Physical and mechanical tests Chemical and hygienic analyses, radioactivity Electrical tests Flammability tests The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications

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

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

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

(2) 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) When comparing the wide variety of means of protection available in the world to protect geographical indications, four broad categories can be distinguished, as listed on this slide. The first category mentioned - “laws focusing on business practices” - covers laws which, while not specifically providing for the protection of GIs, prohibit business practices which can involve the misuse of GIs, such as laws relating to the repression of unfair competition or the protection of consumers, either in general terms or more specifically in regard to such matters as the labeling of products, health protection or food safety. Trademark law provides two types of protection for GIs. On the one hand, provisions protecting GIs against the registration and use as trademarks. On the other hand, provisions protecting GIs by means of collective, certification or guarantee marks. Special protection for GIs exists in different forms as well. There are laws providing sui generis protection for GIs that relate to products with specifically defined characteristics or methods of production and requiring prior recognition of a GI as a condition of protection. There are also laws providing special protection for GIs without specific definitions or prior recognition requirements. 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 factors Lisbon Agreement has at present 26 Member States 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 The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications

Standards of Protection (GIs)
GIs shall be protected against: Any use in the designation or presentation of a good which misleads the public as to its geographical origin Any use which constitutes an act of unfair competition within the meaning of Art.10bis of the Paris Convention Registration of trademarks which can mislead the public as to the geographical origin of products Deceptive geographical indications 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: Any use of the GIs which identifies a wine or a spirit not originating in the area indicated Registration of trademarks not having the geographical origin indicated Homonymous GIs (for wines) 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 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 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 Balsamic Vinegar has been synonymous with the culture and history of Modena since time out of mind. It owes its existence to the specific environmental features of the area, which has combined with the skill, wisdom and expertise of the human factor in a unique blend to create an exclusive product, found only in what are today the Provinces of Modena and Reggio Emilia (in other words, the old Este Dukedom). In and around Modena, there have always been different types of vinegar made from grape must, and a variety of recipes, production and ageing methods have been developed over the centuries. These products' origins date back to the tradition of the ancient Romans. The term "Balsamic" is relatively new and was used for the first time in the records of the ducal inventories of the Este Palace in Modena in 1747 (1) ; probably the name derived from the therapeutic uses to which the vinegar was put at the time. (2) With the birth of the Italian State (1860) the new stimulus given to the markets generated a gradually increasing interest in Balsamic Vinegar, and also encouraged impressive historic and bibliographical studies on the product. Timidly emerging from its traditional secrecy and rituals, it inevitably met with great success. In 1839 Count Giorgio Gallesio, an agriculturist of the time famous for his massive work "La Pomona Italiana", a major study on fruit growing, visited the home of his friend Count Salimbeni, at Nonantola, to study the local varieties of grapes and wine. He was fascinated by the Gallesio family's balsamic vinegar, and spent several days studying the production method. His manuscript notes, rediscovered in 1993 in Washington in the United States (3) , are the oldest "technical" document to describe the way in which Balsamic Vinegar was made in the Modena area. First, it divides the vinegars into two categories: those made from cooked must only and those made from "fermented must and wine". He described the former as "exquisite" and the latter as "also excellent". At the end of the 19th Century, Modena Balsamic Vinegar started to appear at the leading exhibitions, attracting great interest not only within Italy but also at the international level. A number of documents refer to vinegar made from must and wine vinegar, sometimes using quicker methods also involving the use of spices (4). The first scientific investigations into the products available on the market were also conducted in these years (5) The best-known producer of the time was Giuseppe Giusti, and the family firm still plays an active part in the Consorzio Aceto Balsamico di Modena. The first references to its production of Balsamic Vinegar dates back to 1605, and it possesses certificates of participation at a large number of fairs exhibitions. From the regulatory point of view, the first ministerial authorisation to produce "l'Aceto Balsamico del Modenese" dates from More than thirty years later, in 1965, Presidential Decree n. 162 of 12/02/65, containing regulations to prevent fraud in the preparation and sale of wines, musts and vinegars, established the definitive rules governing vinegars and related products, and "legalised" the use of special quality designations for vinegars produced by special techniques and in accordance with specific rules, including "Aceto Balsamico di Modena" also saw the drafting of regulations published in the Gazzetta Ufficiale on 12th December 1965, covering the “Compositional characteristics and method of preparation of Modena Balsamic Vinegar” (6) In 1994 the producers took steps both to protect and improve the vinegar's production regulations, but above all to ensure the proper use of the designation in the wholesale and retail trade. This desire first and foremost to ensure compliance with the codes of practice dictated by long-established, fair local customs, later led to the drafting of the production standard, enforced by the Consorzio Aceto Balsamico di Modena. At present, the Consorzio Aceto Balsamico di Modena is working to obtain the registration of this fine vinegar with P.G.I. (Protected GeographicalIndication) status, since its world-wide fame means that unfair competition at both wholesale and retail levels is all too common. 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 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 The Trademark Back in 1987 when the Tourist Office of St. Moritz applied for the registration and copyright protection of the place name, the rest of the tourist industry reacted with incomprehension and many people shook their heads at that. This was a noteworthy innovation and it received according media attention by making the headlines of the "Wall Street Journal" and other leading economic publications throughout the world which hailed the occurrence an unprecedented act. Nowadays the Trademark has become a label in the tourist industry and it figures in the basic vocabulary of educational programs in the schools for tourism. The magic sound of the name "St. Moritz - TOP OF THE WORLD" and the essence of this brand associate even as a name security, quality, reliable performance, trust, durability, tradition, competence and credibility. The graphic, written label of St. Moritz TOP OF THE WORLD has meanwhile been registered in over 50 countries for up to 15 categories of merchandize. The people of the Engadine are thus in best company. St. Moritz itself has become a point of attraction for many prestigious labels throughout the world. As a result, many of them own wonderful shops and boutiques gathered closely together in the heart of town. 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) 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 Today there are 87 running gardens producing ‘Darjeeling Tea’ on a total area of 17,500 hectares. The total production rages from 9 to 10 million kgs annually. The Darjeeling tea industry at present employs over 52,000 people on a permanent basis, while a further 15,000 persons are engaged during the plucking season, which lasts from March to November. A unique feature of this work force is that more than 60 percent are women and the employment is on a family basis. The income of a garden worker is half in the form of cash and the other half by way of perquisites which have over the years effectively provided a cushion against the impact of inflation and scarcities. For instance, the workers are provided with free accommodation, subsidised cereal ration and free medical benefits. According to the census carried out in the hills in 1971, the total population of three hill sub-divisions of district viz. Darjeeling, Kurseong and Kalimpong was approximately 600,000. From the records maintained by the tea gardens, the resident population is over 300,000. Apart from tourism, Tea is the biggest industrial activity in Darjeeling, offering the largest employment in the hills. The turnover of the Darjeeling tea industry is nearly USD 7.5 million, which is acknowledged to be more than the money generated by tourism in the Darjeeling hills. 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 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 Parmigiano-Reggiano cheese is a product with the Protected Designation of Origin (P.D.O.), in compliance with the European norm contained in EEC Regulation 2081/92 and with the recognition by Regulation (EC) no. 1107/96. Cheese produced according to the rules contained in the Production Regulation is the only cheese entitled to bear the Parmigiano-Reggiano mark and, therefore, the wheel must display all the marks required for identifying and distinguishing the product. These marks are subdivided into marks of origin and grade selection marks. The marks of origin applied on the cheese wheel at the beginning of the production process are: a) the marks printed by means of the stencilling band, placed entirly around the wheel, wich has pre-punched dots bearing the nscription "PARMIGIANO-REGGIANO", the identification number of dairy, the production month and year, the acronym "D.O.P." for the Protected Designation of Origin and the inscription "CONSORZIO TUTELA"; b) the casein plate applied on the surface that shows the production year, the acronym "C.F.P.R." and an alphanumeric code identifying each single wheel. The Consortium is the holder of the Parmigiano-Reggiano P.D.O. marks and is in charge of the relevant supervisory activities, including the correct use of these marks. For this reason, the Consortium identified and registered the mark, wich is a "cheese wheel and wedge with the inscription PARMIGIANO-REGGIANO on a blue background", as a visual sign of identification and recognition of Parmigiano-Reggiano in wheel parts. The application of the "PARMIGIANO-REGGIANO" mark identifies the cheese that was recognised as being of the first category (first grade - zero - one) during the grade selection test for the conformity to P.D.O. standards. The wheels having the market characteristics of the first category bear marks of origin (the dotted inscription, etc.) and the oval hot iron branded mark. Parmigiano-Reggiano. Prima stagionatura: His name identifies the Parmigiano-Reggiano cheese that shows limited or medium-sized defects in the mass and/or rind structural texture, wich do not affect the typical organoleptic features of the product. Besides the hot iron branded mark, a special mark consisting of parallel lines is stencilled all around the cheese rind. Parmigiano-Reggiano EXTRA: It is the Parmigiano-Reggiano cheese that, after 18 months of maturation, has passed an additional quality assesment test upon request of the cheese holder. Parmigiano-Reggiano EXPORT Like the EXTRA mark, it is Parmigiano-Reggiano cheese that, after 18 months of maturation, is classified as "first grade" by the experts of the Consortium. "GRATED" Parmigiano-Reggiano The "Parmigiano-Reggiano" designation can be used to denominate the grated product obtained from whole wheels that comply with the standards established by the Regulation. Parmigiano-Reggiano "IN PIECES WITHOUT MARKS The packaging of Parmigiano-Reggiano cheese into small-sized pieces prevents the cheese from bearing recognisable parts of the marks stencilled on the rind, therefore, it is subject to controls and to a specific agreement that envisages the application of the mark on the packs, similary to that of the "grated" product. The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications

(3) The Concept of Branding

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

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

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

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

International Registration Gateway
The Madrid System The Hague System Filing Information Madrid System Information Notices Fees Calculator The Romarin Database The Lisbon Database Guides and Information Material The WIPO Gazette of International Marks Annual Statistics Contacts The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications

Useful Internet Links at WIPO
WIPO Administered Treaties The SMEs Division of WIPO Resources for Business Calendar of Meetings WIPO Electronic Bookshop E-Newsletters The Information and Promotion Division – Sector of Trademarks, Industrial Designs and Geographical Indications

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Trademarks, Industrial Designs and Geographical Indications: A Business Tool for Economic Development National Seminar for Patent Attorneys October 24.

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Trademarks, Industrial Designs and Geographical Indications: A Business Tool for Economic Development National Seminar for Patent Attorneys October 24.

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Presentation on theme: "Trademarks, Industrial Designs and Geographical Indications: A Business Tool for Economic Development National Seminar for Patent Attorneys October 24."— Presentation transcript:

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