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IN THE NAME OF ALLAH, THE MOST BENEFICENT, THE MOST MERCIFUL. GIs as Economic Tool for SMEs Development: Current Status of Protection in Pakistan; Future Scenario. Muhammad Ismail Deputy Director (In-charge) IPO-Pakistan Regional Office, Lahore December 17, 2011. CONTENTS. Definitions
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IN THE NAME OF ALLAH, THE MOST BENEFICENT, THE MOST MERCIFUL GIs as Economic Tool for SMEs Development: Current Status of Protection in Pakistan; Future Scenario Muhammad Ismail Deputy Director (In-charge) IPO-Pakistan Regional Office, Lahore December 17, 2011
CONTENTS • Definitions • Value of GIs as Economic Tool: Case Studies • Current Status of GI Protection in Pakistan • Future Scenario • Recommendations
DEFINITIONS • 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) • Micro Industry: Max. 10 employees • Small Industry: Max. 50 employees • Medium Industry: Max. 250 employees
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
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
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: Salient Features draft GI Law • Registration in respect of particular goods • Prohibition of registration of a geographical indication • Registration of homonymous geographical indication • Application for registration • Examination • Withdrawal or acceptance • Advertisement
Future Scenario: Continued… • Opposition • Registration • Authorized user • Duration of registration • Rights conferred by registration • Protection of Geographical Indications • Infringement proceedings • Exclusion from protection and exceptions
Recommendations • Identification of GIs • Development of Databases • Formation of Right-holders’ Associations • Establishment of Certifying Bodies • Registration at National and International Level • Commercialization of GIs as economic tools
THANKS FOR YOUR KIND ATTENTION visit IPO-Pakistan at URL: www.ipo.gov.pk E-mail: lahore@ipo.gov.pk