ipo-pakistan intellectual property organization of pakistan 1 geographical indications: economic...
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IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
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Geographical Indications: Geographical Indications: Economic Importance: Economic Importance: Need for Identification Need for Identification
and Database and Database Development Development
Muhammad Ismail
Deputy Director (In-charge)
IPO-Pakistan Regional Office, Lahore
IN THE NAME OF ALLAH, THE MOST BENEFICENT, THE MOST MERCIFUL
IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
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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
IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
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What is Intellectual Property
Brain to Business
Knowledge Management
IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
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INTELLECTUAL PROPERTY ASSETS
Patents Trade Secrets
Industrial Designs Genetic Resources
Trade Marks Traditional Knowledge
Service Marks Geographical Indications
Copyrights Plant Breeders Rights
IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
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Legal Framework (Old and New)
OLD NEWPATENTS 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)
IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
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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
IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
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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)
IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
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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.
IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
GIs as Economic Tool for SMEs
• Increase in market value
• Premium Price Advantage
• Development of Branding culture
• Preservation of Heritage
• Association of small business
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IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
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)
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Source: www.wikipedia.org
IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
GIs as Economic Tool
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• 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
IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
GIs as Economic Tool
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• 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
IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
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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.
IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
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
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IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
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.
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IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
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Future Scenario: Stand-Alone GI Law
• Stand-Alone GI Law Drafted and submitted to Law
Division for final vetting.
• Consultations with Stakeholders in progress.
IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
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 17
IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
How to Conduct the Survey
• Target Sectors to be approached– Producers/Growers – Processors– Traders– Exporters – Other local personnel having information
about the product
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IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
Survey Form (English)
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IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
Survey Form (Urdu)
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IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
Table of Contents (GI Survey)
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Sr. No
Identified GI No. of Survey Forms(Urdu)
No. of Survey Forms (English) Total Forms
12345678910
SignatureName & Designation of Officer
PSIC OfficeTelephone: Fax:
Email:Postal Address:
IPO-PAKISTANIPO-PAKISTANINTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
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visit IPO-Pakistan
at
URL: www.ipo.gov.pk E-mail: [email protected]
THANKS FOR YOUR KIND ATTENTION