IP Management in Pakistan; Importance of GI Protection

‘a way forward for local development’

Nadia Zubair ShahDeputy Director

IPO-Pakistan1

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

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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

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Core Functions of IPO-Pakistan

Integration of IP Management

Improvement in Service Delivery

Increasing Public Awareness

Enforcement Coordination

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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

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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

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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

GI as an IPR

Geographical Indications (GIs) are names,

– Darjeeling Tea – Argan Oil – Srilankan Ceylon Tea

identifying products whose unique qualities,

reputation or other characteristics depend

essentially on their area of origin

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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

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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

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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

Comparison between TM &GIsBrand Geographical Indication

PROTECTION OF NAMES

Type of law

Regulating human creation and property

Regulating the links between human activities and nature.

Term Linked to the use made by the owner; prescription if not used.

No prescription : “terroir” andheritage 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.

Objectives

Corporate sign. The product and process can be changed immediately.

Codifying tradition and constant processes.

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Comparison between TM &GIsBRAND GEOGRAPHICAL INDICATION

PROTECTION OF ORIGINAL NAMES

Types ofrequirementsaboutcharacteristicsof the productand process

Up to the owner.May change withoutinforming thecustomer.Only availability ofthe name isexamined by theIP office.

Code of practices discussed by thestakeholders and integrating collective concerns. May change after agreement of the relevant collective organization. Everybody is informed ofany 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 theowner

• Collective action with redistributionof value added to all stakeholders.• Local and community development

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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

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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

Pakistani GI Draft LawKEY 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

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Pakistani GI Draft LawKEY 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.

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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.

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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.

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2020

How to promote GI CREATING A GI : The standard scheme

PRODUCT

PRODUCERS ASSOCIATION

SPECIFICATIONS

Name & logo to be protected

Registration

PROMOTION

CONTROL BODIES

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.

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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.

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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)

List needs to be finalized after extensive discussion with producers, traders and policy makers. 23

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Basmati Rice

Chaunsa MangoesKASHMIRI PHULKARI

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PESHAWARI CHAPPAL

SARGODHA KINNO

MULTANI SOHAN HALWA

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HYDERABADI BANGLES

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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)

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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

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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

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