IPO-PAKISTAN INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN 1 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 IN THE NAME OF ALLAH, THE MOST BENEFICENT, THE MOST MERCIFUL

IPO-PAKISTAN INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN 2 CONTENTS Definitions Value of GIs as Economic Tool: Case Studies Current Status of GI Protection in Pakistan Future Scenario Recommendations

IPO-PAKISTAN INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN 3 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

IPO-PAKISTAN INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN 4 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-PAKISTAN INTELLECTUAL 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 5

IPO-PAKISTAN INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN GIs as Economic Tool Case Study-1: Cheddar Cheese –Origin: English village Cheddar –History:Since 12 th Century –Annual Production (UK): 258,000 tons –Annual Sales: £1.9 billion(Rs. 275 billion) 6 Source:

IPO-PAKISTAN INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN GIs as Economic Tool 7 Case Study-2: Darjeeling Tea –Origin: Darjeeling, Indian Bengal –History:Since 17 th Century –Annual Production: 10.0 million Kgs –Annual Revenue: $7.5 million(Rs. 675million) Source:

IPO-PAKISTAN INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN GIs as Economic Tool 8 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:

IPO-PAKISTAN INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN 9 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 of TRIPS Agreement deal with GIs. There is no obligation for separate GI protection.

IPO-PAKISTAN INTELLECTUAL 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 10

IPO-PAKISTAN INTELLECTUAL 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. 11

IPO-PAKISTAN INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN 12 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

IPO-PAKISTAN INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN 13 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

IPO-PAKISTAN INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN 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 14

IPO-PAKISTAN INTELLECTUAL PROPERTY ORGANIZATION OF PAKISTAN 15 visit IPO-Pakistan at URL: THANKS FOR YOUR KIND ATTENTION