Deputy Director (In-charge) IPO-Pakistan Regional Office, Lahore

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Presentation transcript:

Deputy Director (In-charge) IPO-Pakistan Regional Office, Lahore IN THE NAME OF ALLAH, THE MOST BENEFICENT, THE MOST MERCIFUL Geographical Indications: Economic Importance: Need for Identification and Database Development Muhammad Ismail Deputy Director (In-charge) IPO-Pakistan Regional Office, Lahore

CONTENTS IP Management in Pakistan Value of GIs as Economic Tool: Case Studies Current Status of GI Protection in Pakistan: Future Scenario Need for GI Survey How to Conduct the Survey

What is Intellectual Property Brain to Business Knowledge Management

INTELLECTUAL PROPERTY ASSETS Patents Trade Secrets Industrial Designs Genetic Resources Trade Marks Traditional Knowledge Service Marks Geographical Indications Copyrights Plant Breeders Rights

Legal Framework (Old and New) OLD NEW PATENTS AND DESIGNS ACT, 1911 THE INTELLECTUAL PROPERTY ORGANISATION OF PAKISTAN ORDINANCE, 2005 (renewed, 2010) PATENT ORDINANCE 2000 (AMENDED IN 2002 & 2006) TRADE MARKS ACT, 1940 TRADE MARKS ORDINANCE 2001 COPYRIGHT ORDINANCE 1962 COPYRIGHT ORDINANCE. 1962, (AMENDED IN 2000) THE REGISTERED DESIGNS ORDINANCE, 2000 THE REGISTERED LAYOUT-DESIGNS OF INTEGRATED CIRCUITS ORDINANCE, 2000 PLANT BREEDERS RIGHTS BILL (Under approval) STAND-ALONE GEOGRAPHICAL INDICATION LAW (Under submission)

IP Management in Pakistan AUTOMATION OF IP REGISTRIES IMPROVEMENT IN SERVICE DELIVERY PUBLIC AWARENESS CAMPAIGN EMPOWERMENT OF FIA FOR INTERDICTION OF PIRACY ACTIVATION OF CUSTOMS FOR BORDER CONTROLS AGAINST PIRACY AND COUNTERFEITING

GI DEFINITION Geographical Indications: indications which identify a good as originating in the territory of a Member (Country), or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin. (TRIPS Article-22)

FEATURES OF GIs Specific qualities of a product due to human factor. Place of origin :a village or town, a region or a country. A specific link exists between the products and their original place of production.

GIs as Economic Tool for SMEs Increase in market value Premium Price Advantage Development of Branding culture Preservation of Heritage Association of small business

Case Study-1: Cheddar Cheese GIs as Economic Tool Case Study-1: Cheddar Cheese Origin: English village Cheddar History: Since 12th Century Annual Production (UK): 258,000 tons Annual Sales: £1.9 billion(Rs. 275 billion) Source: www.wikipedia.org

Case Study-2: Darjeeling Tea GIs as Economic Tool Case Study-2: Darjeeling Tea Origin: Darjeeling, Indian Bengal History: Since 17th Century Annual Production: 10.0 million Kgs Annual Revenue: $7.5 million(Rs. 675million) Source: www.darjeelingtea.com

GIs as Economic Tool Case Study-3: Jamaica Blue Mountain Coffee Origin: Jamaica, S.A History: Since 1885 A.D Annual Production: 4.0 million pounds Annual Revenue: $2.8 billion(Rs. 250 billion) Source: www.bluemountaincoffee.com

GI Protection Systems in the world Composite with Trademarks Collective Marks Certification Marks Pakistan, United States, Japan etc. Stand Alone GI Law Separate Geographical Indications Law European Union, India, China etc. Article 22-24 of TRIPS Agreement deal with GIs. There is no obligation for separate GI protection.

Current Status of GI Protection in Pakistan Collective Marks Section 82 of Trademarks Ordinance, 2001 read with First Schedule Certification Marks Section 83 of Trademarks Ordinance, 2001 read with Second Schedule

Application Procedure Collective Mark: Form TM-3 (Fee Rs. 2000/-) (a) the name of the association of persons and their respective office address; (b) the object of the association; (c) the details of members; (d) the conditions for membership and relation of each member with the group; (e) the persons authorized to use the mark and the nature of control the applicant exercise over the use of the collective mark; (f) the conditions governing use of the collective mark, including sanctions; (g) the procedure for dealing with appeals against the use of the collective mark; and (h) such other particulars as may be called for by the Registrar. Certification Mark: Form TM-4 (Fee Rs. 2000/-) (a) The description of the applicant; (b) the nature of the applicant’s business; (c) the particulars of technical manpower support; (d) the applicant’s competence to administer the certification scheme; (e) the applicant’s financial arrangement; (f) an undertaking from the applicant that there will be no discrimination of any party if they meet the requirements set down in the regulation; (g) the characteristic the mark will indicate in the certified goods or in relation to the rendering of certified services; (h) the manner of monitoring the use of the mark in Pakistan; and (i) such other particulars as may be called for by the Registrar.

Future Scenario: Stand-Alone GI Law Stand-Alone GI Law Drafted and submitted to Law Division for final vetting. Consultations with Stakeholders in progress.

Need for GI Survey Identification of GIs Development of Database and Publication of GIs Book Exhibition of selected GIs on World IP Day, the 26th April, 2012 Formation of Right-holders’ Associations Registration at National and International Level Commercialization of GIs and development of national economy

How to Conduct the Survey Target Sectors to be approached Producers/Growers Processors Traders Exporters Other local personnel having information about the product

Survey Form (English)

Survey Form (Urdu)

Table of Contents (GI Survey) Sr. No Identified GI No. of Survey Forms (Urdu) No. of Survey Forms (English) Total Forms 1 2 3 4 5 6 7 8 9 10 Signature Name & Designation of Officer PSIC Office Telephone: Fax: Email: Postal Address:

E-mail: lahore@ipo.gov.pk THANKS FOR YOUR KIND ATTENTION visit IPO-Pakistan at URL: www.ipo.gov.pk E-mail: lahore@ipo.gov.pk