1. IP Management in Pakistan; Importance of GI Protection ‘a way forward for local development’ Nadia Zubair Shah Deputy Director IPO-Pakistan 1

2. IP Management in Pakistan INTELLECTUAL PROPERTY MANAGEMENT IN PAKISTAN COULD BE DIVIDED IN TO TWO PERIODS:   PRE 2005 PERIOD   Fragmentation   Deterioration   No automation   POST 2005 PERIOD   IPO created as an autonomous body to encompass all intellectual Property related functions.   IPO directly under prime minister’s stewardship   High powered policy board   Integrated offices 2

3. IP Management in Pakistan Automation of IP registries Improvement in service delivery Public awareness campaign Empowerment of FIA for eradication of piracy Activation of customs for border controls against piracy and counterfeiting 3

4. Core Functions of IPO-Pakistan Integration of IP Management Improvement in Service Delivery Increasing Public Awareness Enforcement Coordination 4

5. 5 Enforcement Strategy Enhancing Awareness Strengthening Enforcement Coordination Capacity Building of Enforcement Agencies Facilitating Access to Legitimate Products Relentless Enforcement Drive Against IPR Crime Effective Prosecution for Achieving Court Convictions 5

6. 6 Challenges Strong Lobbies of Counterfeiters and Pirates Weak Prosecution and element of corruption Non availability of IP specialized Judges Lack of Public Awareness about genuine and fake products Purchasing Power of People 6

7. Geographical Indications under TRIPS (art.22.1) Geographical Indications (GIs) are Indications which identify a good (food, handicraft, etc) which have a given quality, reputation or other characteristic essentially attributable to its geographical origin. The use of a GI may act as a certification that the product possesses certain qualities, or enjoys a certain reputation, due to its geographical origin. 7

8. GI as an IPR Geographical Indications (GIs) are names, – Darjeeling Tea – Argan Oil – S rilankan Ceylon Tea identifying products whose unique qualities, reputation or other characteristics depend essentially on their area of origin 8

9. Aims and Objectives Encourage diverse agricultural production Improve rural Income & maintain rural population Protect product names from misuse and imitation Help consumers by giving them information concerning the Specific character of the products 9

10. Concept of Geographical Indications GI as an Intellectual Property Right (GIs are not transferable and production can not be displaced) Importance of GIs GI as a Quality Sign GI as a developmental Tool GI as a marketing Tool 10

11. Importance of GIs Consumer benefits Quality assurance Specific character Traceability Labeling Producer benefits Prevent counterfeiting Protect valuable product names Fair competition Maintain standards Societal benefits Reconnect consumers and producers Link valuable products to rural Maintain quality standards Environmental benefits Linking traditional product with landscapes and farming systems 11

12. Comparison between TM &GIs BrandGeographical Indication PROTECTION OF NAMES Type of lawRegulating human creation and property Regulating the links between human activities and nature. TermLinked to the use made by the owner; prescription if not used. No prescription : “terroir” and heritage have no term. Type of property Individual, owned by a person or an organization. Asset of the firm; can be assigned, evaluated and sold. Collective, even if only one user. Not possible either to delocalise or to sell. ObjectivesCorporate sign. The product and process can be changed immediately. Codifying tradition and constant processes. 12

13. Comparison between TM &GIs BRANDGEOGRAPHICAL INDICATION PROTECTION OF ORIGINAL NAMES Types of requirements about characteristics of the product and process Up to the owner. May change without informing the customer. Only availability of the name is examined by the IP office. Code of practices discussed by the stakeholders and integrating collective concerns. May change after agreement of the relevant collective organization. Everybody is informed of any change. Transmission to future generations. Code of practices validated by the Govt and controlled on behalf of the Govt by an agreed Control body. Functions Income for the owner Collective action with redistribution of value added to all stakeholders. Local and community development 13

14. How to promote Geographical Indications Set up an appropriate and efficient legal framework Enforce rules Select products deserving GI protection Control and monitor the right-owners which are producing, processing and trading the protected quality goods 14

15. Theme of Setting up of an appropriate & efficient legal framework Draft Ordinance on “The Geographical Indications of Goods”, --close adaptation of the 1999 Indian law.-- benchmark on other relevant laws, the Thai law and the new Cambodia law Registration (1) Competent authority (2) Group of persons representing the producers’ interests (association, Organization, co- operatives,,..) 15

16. Pakistani GI Draft Law KEY POINTS TO BE OBSERVED   Must be in full compliance with the TRIPS Section 3   All kinds of goods to be protected: Agricultural, Industrial goods and handicraft   Accurate definitions of the protected signs   Accurate definitions of the applications' requirements   Only collective bodies should apply “representing the interest of the producers of the concerned goods”   Mention “human factors”   Prohibition of registration of GI as trademark 16

17. Pakistani GI Draft Law KEY POINTS TO BE OBSERVED   Interest of all the skilled workers should be watched who are not authorised users   Protection should not come at the cost of economic, administrative and legal disadvantage and inconvenience of the very people possessing the skill.   There should be a provision for quality control before and after registration   Issue of migration of skilled worker should be addressed   Need to renew the Registration after 10 years: non useful burden   Specific provision for universal recognition of GI products: GI registration needs to be honoured on a reciprocal basis among member countries. 17

18. Enforcement Users ( I) The specifications of the goods should be in accordance with the conditions prescribed by Law (ii) The Right-owner must be able to train users on specifications, monitor and control users’ compliance with the registered specifications of the right. Organization of the producers in a collective structure (GI societies) There should be an organization of producers to strengthen the institution. Capacity building of these organizations is needed so that they can draft the product specifications, draft the application for registration and monitor through inspection. 18

19. Control and Monitor: Administration   Setting up a GI Registry   Capacity building of collective bodies and reliable inspection bodies   Cost of registration should be set for: application, notice of opposition, extension of time, certificate, amendments and revocation of registration   Cost of litigation should be set for opposition and appeal. It will depend on the complexity of the case   Time frame for registration and protection should be set. 19

20. 20 20 How to promote GI CREATING A GI : The standard scheme PRODUCT PRODUCERS ASSOCIATION SPECIFICA TIONS Name & logo to be protected Registration PROMOTION CONTROL BODIES

21. Promote awareness of the Pakistani GI products A specific mark should be set for each product. Collective advertising campaigns could be undertaken. At the national level, the marketing policy of the right- owners’ bodies and organizations :organize fairs, skill training, setting up website and GI Portal, emporium, etc.. International fairs and promotional tours for accessing major global potential markets. Government may assist in bearing cost for lawyers and social scientists, domestic data base, training producers and officials, drafting product specifications and strengthening system for inspection. 21

22. Action Plan Strategy Strategy I : Implementation and enforcement of the new law and consequent regulations Strategy II: Institutional Strengthening—Capacity building and inter-institutional coordination, organizational audits, feasibility studies and case studies for specific products by assessing the economic, social and technical Interest for protection under the GI framework. Strategy III : The creation and training of the public and private agencies, lawyers and association involved in GI setup, on-line access to information; Strategy IV: Promotion of GI Products—the promotion of new GI products in the local and global Markets by supporting all those involved from producers to retailers in those countries where there are large south Asian communities, such as USA, Canada UK and other EU countries. 22

23. Potential GI Products Basmati Rice Kashmiri/ Punjabi Phulkari Sindhri and Chaunsa Mango Sargodha Kinno Peshawari Chappal Multani Sohan Halwa Kohat Guava Sharakpur Guava Hyderabad Bangles Blue Pottery (Multan) Chiniot Woodwork Balochi Sajji etc (List of Potential GIs) (Pending GI applications) Balochi SajjiList of Potential GIsPending List needs to be finalized after extensive discussion with producers, traders and policy makers. 23

24. 24 Basmati Rice Chaunsa Mangoes KASHMIRI PHULKARI

25. 25 PESHAWARI CHAPPAL SARGODHA KINNO MULTANI SOHAN HALWA

26. 26 HYDERABADI BANGLES

27. 27

28. List of Potential GIs Gunranwala colored pottery Gunranwala Metal engravings Hala colored woodwork Hala ki Ajrak Harnoli Peanut Hunza Apples Hunza Apricot Hunza Peach Hunza Plum Hunza Rubbi Hunza Walnet Hyderabad Rabri (Sweets) Hyderabald Bangles Kamalia Khadar Kashmir Pashmina Kashmir Turmiline Namal Trout Neeli Buffalo Neeli Ravi Buffalo Okara Potato Patuki Floriculture Perry Dot Valley Perry Dot stone Peshawar Chapli Kabab Peshawari Chapal Peshawari Qahwah Phulkari Potohar stone work Qasuri Methi Qasuri Haldi Quetta Onion Quetta Red Pomegranates Rajar Sweets (Gur) 28

29. List of Potential GIs Khanpur Khoa (Sweet) Khattak Dance Khushab Dhodha (Sweets) Khyber Guns Kilash dress Kohat Shawl Kohati Chappal Kundri Red Chilli Larkana Guava Makran Dates Mansehra Tea Mardan Paray (sweets Multan Blue Pottery Multan Chounsa (Mango) Multan Kamel Skin art Multan Mango Multani Clay Art Multani Khussa Multani Sohn Halwa Mutan woven cotton (Bed sheets) Sahiwal Cattle Sakkardu Aqua Marine Sakkardu Topaz Sakkhar Dates Sargodha Kinnow Sharaqpur Guava Shikarpur Pickles Sialkot Sports Goods Sialkot Surgical Goods Silanwali Craft Work Sindh Coastal Papaya Sindhi Ajrak Sindhi Topi (Cap) Sindhri Mango Sundarkhawni Grapes Swat emerald Wazirabad cutlery work Wazirabad metal work Ziarat Apples 29

30. GI applications filed at the TMR karachi BASMATI RICE (Decision Pending at the High Court) MULTANI MANGO filed by Multan Mango Growers Association in year 2009 SHARAKPUR GUAVA filed by Guava Growers Association in year 2009 NEELI RAVI BUFFALO AND NEELI BUFFALO filed by Live Stock Farmers and Breeders Association Lahore in year 2010 DHANI CATTLE AND CHOLISTANI CATTLE filed by Live Stock Farmers and Breeders Association Lahore in year 2010 PHULKARI filed by Heritage Association in year 2010 30