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
1
INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
IPO-PAKISTAN
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
2
INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
IPO-PAKISTAN
What is Intellectual Property
Brain to Business
Knowledge Management
3
INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
IPO-PAKISTAN
INTELLECTUAL PROPERTY ASSETS
Patents
Trade Secrets
Industrial Designs
Genetic Resources
Trade Marks
Traditional Knowledge
Service Marks
Geographical Indications
Copyrights
Plant Breeders Rights
4
INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
IPO-PAKISTAN
Legal Framework (Old and New)
OLD
PATENTS AND DESIGNS ACT, 1911
NEW
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)
5
INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
IPO-PAKISTAN
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
6
INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
IPO-PAKISTAN
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)
7
INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
IPO-PAKISTAN
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.
8
INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
IPO-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
9
INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
IPO-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)
Source: www.wikipedia.org
10
INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
IPO-PAKISTAN
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
11
INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
IPO-PAKISTAN
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
12
INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
IPO-PAKISTAN
GI Protection Systems in the world
• Composite with Trademarks
– Collective Marks
– Certification Marks
– Pakistan, United States, Japan etc.
• Stand Alone GI Law
Article 22-24 of
TRIPS Agreement
deal with GIs. There
is no obligation for
separate GI
protection.
– Separate Geographical Indications Law
– European Union, India, China etc.
13
INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
IPO-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
14
INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
IPO-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.
15
INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
IPO-PAKISTAN
Future Scenario: Stand-Alone GI Law
• Stand-Alone GI Law Drafted and submitted to Law
Division for final vetting.
• Consultations with Stakeholders in progress.
16
INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
IPO-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
INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
IPO-PAKISTAN
How to Conduct the Survey
• Target Sectors to be approached
– Producers/Growers
– Processors
– Traders
– Exporters
– Other local personnel having information
about the product
18
INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
IPO-PAKISTAN
Survey Form (English)
19
INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
IPO-PAKISTAN
Survey Form (Urdu)
20
INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
IPO-PAKISTAN
Table of Contents (GI Survey)
Sr.
No
1
2
3
4
5
6
7
8
9
10
Identified GI
No. of Survey Forms
(Urdu)
No. of Survey Forms (English)
Total Forms
Signature
Name & Designation of Officer
PSIC Office
Telephone:
Fax:
Email:
Postal Address:
21
INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
IPO-PAKISTAN
THANKS FOR YOUR
KIND ATTENTION
visit IPO-Pakistan
at
URL: www.ipo.gov.pk
E-mail: lahore@ipo.gov.pk
22
INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN
IPO-PAKISTAN