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Other Industrial Property
Module 1B Trade marks - Designs - Domain names - Geographical indications ip4inno
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Content Intro - relevance of IP Trade marks Designs Domain names
Geographical indications (GI) ip4inno
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What has IP got to do with me?
It is a source of information and knowledge It helps you to optimise your business It is a way of making money Although some of these arguments are true for all IP rights, this short intro is trade marks, designs, domain names and GIs focused. "Intellectual Property Rights is a subject that most people associate with big business or multinationals which have a sophisticated patenting/licensing strategies, or a brand name to protect. However, many other protection instruments exist and they are applicable in a wide variety of contexts." Extract from the IPR helpdesk booklet. It is a source of information and knowledge i.e. the patent system. It enables you to protect your innovation but through the patent database accessible by everybody you can find information on your competitors, you can find solutions to a technical problem if this problem was previously solved. (To read more details i.e. module 3A Patent Information). You will not only get protection but will also be able to make money on IP! This could be done via: Licence agreements, A licensing agreement is a partnership between an intellectual property rights owner (licensor) and another who is authorized to use such rights (licensee) in exchange for an agreed payment (fee or royalty). A variety of such licensing agreements are available, which may be broadly categorized as follows: Technology License Agreement, Trademark Licensing and Franchising Agreement, Copyright License Agreement In practice, all or some of these agreements often form part of one single contract since in transfers of this nature many rights are involved and not simply one type of intellectual property right. You may also come across licensing agreements in other circumstances, such as, during a merger or acquisition, or in the course of negotiating a joint venture.( Auctions, Intellectual Property has always been viewed as a very precious commodity for both individual companies as well as national economies. During recent years the ownership of IP rights has become an increasingly crucial factor in global business. Parallel to this there is an increasing tendency to establish an adequate market for IP rights. Live auctions are, among others, an appropriate vehicle to foster the rise of a market for IP Rights. Compared to other such vehicles, live auctions have the advantage that decisions have to be made quickly, due to limited time. Hence live auctions lower the transaction costs for IP Rights.( Acquisition of companies. By “buying” your competitors you also gain control of the market you are dealing with. ip4inno
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What about trade marks and designs?
Establishment of strong trade marks and marketing are means of making a high product value Consumers think of trade marks and designs as more than the mere product A trade mark is for instance: a business identifier a guarantee of quality the goodwill of the company Effective Trade mark and design protection play an important role in branding and marketing strategies of businesses. IP protection in general should be seen as an investment or assurance and not only as a cost. A registered trade mark is your property, which means you can sell it, or let other people have a licence that allows them to use it. A registered design allows you to sell your design and the intellectual property rights to it and to license your design to someone else and retain the IP rights to it. By registering a trade mark you are telling the world that this symbol, graphic design, word, etc. is associated with your product or store. When someone sees your sign, they will know it is a name they can trust and this is worth protecting. Don’t let someone else use your design and take the benefit of the time and money you invested in it. By registering a trade mark you can sue infringers and in case of success, condemn them to compensate you loss. If someone sees your graphic design and associates it with your business, don’t allow someone else to be able to use it. You wouldn’t want people being confused by the same design when the other store is selling products of less quality. } Marketing tool ip4inno
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Why protect your IP rights in general
To have an exclusive right Registration creates certainty Registered rights are generally stronger than unregistered rights IP is an important business tool, a crucial element in the financial performance of a business. In short you can summarize the advantages of IP protection as follows: Intellectual property protection gives you exclusive rights. If someone uses your IP without permission, that is they infringe your IP rights, you can take legal action to stop them. If you do not want to use your IP yourself, you can sell it, just like physical property. (However, once you have sold your IP, you cannot use it unless you get permission, known as a licence, from the new owner.) If you want to let other people use your IP, but you want to keep control of it, you can licence it to one or more people (i.e. slide 3, a way of making money). Registration creates certainty: "Once your right (for example, a design or a trade mark) is registered, there is a presumption that this right is valid and has priority over later applications (though it is always possible for registered designs, trade marks and patents to be declared invalid later on). You can also in most cases, be sure that you are not infringing an earlier IP right." Registered rights are generally stronger that unregistered rights: "For example, EU registered design rights last 25 years from the date of filing (renewable every 5 years) as opposed to EU unregistered design rights which last 3 years from the date of making the design available to the public." Creative London Intellectual Property service ip4inno
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Why protect your trade marks and designs
Gain effective protection against: copying imitation misapropriation forgery use of its reputation Make a short explanation of ® and trade marks. (TM) represents a trade mark that has not yet been registered, but once registered, the trademark is forever after indicated with an (R). However rules differ from country to country. In general some of the advantages of a trade mark is: Trade mark provides exclusive right to a brand Trade mark supports market position – “Branding” Higher return on investment possible Can be licensed or sold Asset for negotiations Positive image for your product – quality function Usually cheaper and quicker than technical IP Source: Boehmert & Boehmert Why protect your design: "The design or shape of a product can be synonymous with the branding and image of a company and can become an asset with monetary value that could increase. If you do not apply for protection others may benefit from your investments. Community design protection is directly enforceable in each Member State and it provides both the option of an unregistered and a registered Community design right for one area encompassing all Member States. The area of protection increases each time the EU enlarges. The Community design has equal effect throughout the Community. The OHIM only deals with applications for registered Community designs, since an unregistered Community design requires no filing." OHIM ip4inno
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Conclusion It is essential for businesses to have a clear defined strategy covering all industrial and intellectual property rights within the company The options for IP protection are many and they should be assessed according to business plans, risks, markets of interest etc. The winners in the knowledge society will be found among innovative businesses which secure the intellectual property rights to their ideas and turn the IPR into business assets in the global markets. As an innovative business you have to move away from the traditional way of protecting knowledge (that is patents on products and processes or registration of new trade marks). Instead you must think more proactively and strategically when you use IP – your trade/trading with knowledge must be an integrated part of all aspects of your business. Commercialisation of IP – could be licensing or franchising For case studies – and ip4inno
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Content Intro - relevance of IP Trade marks Designs Domain names
Geographical indications (GI) ip4inno
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Trade marks Identify the goods and services of one company from those of another Can be represented graphically Distinguish the trade origin of certain goods and services Help consumers to identify and choose between goods and services based on their reputation and quality A brand is a link between company and consumers. It may well be the company’s main business asset. Leading branding consultants claim: ”The product is nothing – the brand is everything!” Consumers choose lifestyle and name before quality. Examples of word marks: Adidas, Starbucks, Whirlpool, Nestlé, Volkswagen, Sony, Harley Davidson, Philips, Just Do It, Orange, Siemens, Lays, Red Bull, Java, Vodafone, JVC, Gatorade, Coca Cola, Shell, Ford, Apple, Levis, Rolex, Microsoft, PepsiCo, RayBan, Zippo, Bic, MGM, Petronor, Herbalife, EMI, Sellotape, Pfeizer Example 1: Coca Cola – both the name and the shape of the bottle are trade marks Example 2: Nike’s Swoosh – earlier NIKE together with the ”Swoosh”, now identification by the ”Swoosh” alone (trade marks develop over time) A trade mark gives you an exclusive right to use the mark for your goods or services and the right to deny others the use of your mark or a mark similar to yours. A trade mark lasts 10 years, but can be renewed as many times as you want ip4inno
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"A brand is a collection of perceptions in the mind of the consumer."
By showing this slide, the idea is to make the trainees think of all those well-known trade marks and what they represent for to them. To make them realise that they are associated with an idea, feelings, memories and that have a strong subconscious effect. "A brand is a collection of perceptions in the mind of the consumer." Colin Bates, BuildingBrands.com It is one of many sentences that can be used to describe a brand.
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Different type of trade marks (1)
A Word Adidas A logo A word associated with a logo ip4inno
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Different type of trade marks (2)
A numeral/ a letter A shape A slogan Traditional types of trade marks: Word and figurative marks 3-dimensional: Toblerone and the Coca-Cola bottle are examples of shape marks. Could also be design registrations, but TM is better since it is not limited in time. "i'm lovin' it" ip4inno
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Different types of trade marks (3)
Other and "new" kinds of trade marks: collective mark certification mark sound mark colours or combinations (colour mark) feel movement mark graphic reproduction Related area mark: Geographical Indication (GI) Well-known trade mark - special treatment Collective marks: A group of owners e.g. a society Sounds: an example is the Lion roar from Metro-Goldwyn-Mayer movies Certification marks: Can be used by anyone who shows documentation that his product meets given conditions/standards. An example is the “Pure Wool” mark for textiles. Colours or combinations: An example is Orange for FISKARS scissors in Finland and “green with yellow” for BP in relation to petrol stations. Feel: Could be the rim of a spectacle lens for glasses from Zeiss. Movement marks: Small animations as seen in banners, film sequences such as commercials. Graphic reproduction: … Related area – PGIs (to be explained in details later): Examples are “Parma Ham”, “Champagne”, “Camembert”, “Jersey Royal Potatoes” and “Budějovické pivo” Well-known trade mark: If, after extensive publicity and promotion, a registered trademark has acquired certain reputation in the market and is commonly known to relevant enterprises or consumers, it shall be deemed a well-known trademark, also known as "a famous brand." The protection of a well-known trademark does not depend on the prerequisite of whether the trademark is registered, is applied for registration In many countries well-known trade marks enjoy a special position. They are entitled to protection against similar or identical marks even if the goods and services in concern are different, supposing that the user of the mark would benefit from the reputation of the well-known trademark. ip4inno
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Requirements for obtaining exclusive rights
Graphic representation Distinctive (unique) Not descriptive Not similar or identical Marks must have distinctive character – they must not be descriptive. This is in particular something you have to think about with word marks. Figurative marks: the figurative element meets the requirement of distinctiveness, but there is no exclusive right to the words. A word can change character when used for a long time. Example 1: APPLE – cannot be registered for apples, since it means “apples” but is OK for computers Example 2: KIDZ– cannot be registered for clothing (could be clothing for children), but OK for coffee or tea Example 3: LUXURY – may describe the quality of the goods Example 4: DENMARK – (geographical origin) may indicate that the goods are from Denmark Not similar or identical: likelihood of confusion between two marks if they are identical or similar and if the goods or services are identical or similar Other rules: Must not be contrary to law, public order or morality. In most countries we would never take “Nigger,” or any other racist term. But concerning religion practice in some countries not very strict - A trade mark must not be misleading ip4inno
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Descriptive - exercise
Half Price for clothes Jaguar for cars Tetley for tea bags Handy for chainsaws Ask the trainees in the room if these trade mark could be granted. Ask them to justify their opinion. Encourage them to participate and to debate. The following slide show the answers. . ip4inno
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Descriptive - exercise
Half Price for clothes Jaguar for cars Tetley for tea bags Handy for chainsaws X Example 1: NO (describes the value of the goods) Example 2: YES (the jaguar is a fast animal, but has nothing to do with a car, only suggests a similarity) Example 3: YES Example 4: NO (describes the quality) X ip4inno
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Similar/identical (1) If two goods or services are similar or identical: the names or trade marks of these two goods or services can neither be similar nor identical When two goods or services are different: a similar or identical brand name can be used Well-known marks have a broader scope of protection Products/services must be different but they can be in a same class (administrative concept, not juridical) - Ex FOX: both for cars and for soap. Identical marks, 2 different goods, can co-exist as no likelihood of confusion. Fox could also be used for computers, but not for motorbikes or spare parts for cars (unless same producer) Well-known marks have a broader scope of protection: Ex PUMA (sports clothing) => wider protection (other shoes & clothing, maybe even bags, sport equipment?) A few marks are so known/ famous that they can stop new marks – no matter what goods & services (Ex1 Coca-cola. Ex2 Rolls Royce) ip4inno
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Similar/Identical (2) Meaning the way the mark is: Written Looks
Sounds (phonetic) Conceptual similarity Written Looks (figurative marks) Phonetic (the way it sounds) Conceptual similarity Example from Danish Board of Appeal: ROCKET =/= POCKET (written similar, sounds similar, BUT two different meanings) Judgement will always be of trade marks as a whole – general impression ip4inno
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Similar/identical - examples
Written Looks Sounding Conceptual Cool / Kool The two trade marks give the same overall impression, even though different when analysed Basket / Buskit For You / 4 U Star / Stern ip4inno
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Exercise - are these trade marks similar ?
Riverland / Timberland Zymlin / Xymelin Ask the trainees if they that these word and figurative marks are similar. On the next slide you will find two other examples. After they tried to answer, show them the answers, on the following slides. ip4inno
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Exercise - are these trade marks similar ?
Eurica / Erika The answers are on the next slide. ip4inno
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Exercise - are these trade marks similar ?
Riverland / Timberland Zymlin / Xymelin NO YES Answers Example 1: NO Example 2: YES (visual similarity) Example 3: YES (sounds very alike, written in similar ways, no meaning) YES ip4inno
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Exercise - are these trade marks similar ?
Eurica / Erika NO Example 4: NO (one is a girl’s name) Example 5: NO (would probably be similar if it was not for the text JORAN) NO ip4inno
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Case Study IPRAXA VS PRADAXA
Both trademarks are registered for pharmaceutical products (class 5) Non of the trademarks have any specific meaning, both trademarks are fantasy words The natural division of the marks are respectively I – PRAX – A and PRA – DAX – A The marks only have one syllable in common, which is the last syllable ”A” Irrespective of the fact that the marks have the same order of the letters P-R-A and X-A, the marks are not visually or phonetically similar They are not confusingly similar Don't forget to remind the audience that concerning the judgment of the likelihood of confusion the visual, phonetic and conceptual similarity of the conflicting signs must always be taken into consideration.
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Case Study ROGIER VS ROCHER
Both trademarks are registered for confectionery and chocolate (class 30) The marks have the first syllable in common ”RO”. The syllables ”GIER” and ”CHER” will in Denmark be pronounced the same way (they are phonetically similar) ROCHER is the French word for rock, mountain, cake or pastry, but since the average Danish consumer would not know the meaning of the word ROCHER, the conceptual meaning was therefore not ascribed any major importance in the judgment of the likelihood of confusion The marks are judged confusingly similar
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Strong VS weak Strong trade marks give wider protection
Strong trade marks ensure strong identity to your good or service Get the help of a professional => don't be afraid of investing money in the conception phase of your trade mark The fact that your trade mark fulfils the criteria to be registered does not guarantee that it is a good trade mark. The sign, the word that you will use to represent your company, must carefully chosen thought. A strong mark is a very distinctive brand. Getting the help of a professional does not mean investing a huge amount of money in the elaboration of your trade mark. It means getting advice of people who deals with image and concept and who knows what kind of trick to avoid. Strong trade marks and well-known marks => wider protection (can prohibit marks that have “some” similarity). Ex1: Coca-cola. Ex2: HARIBO. Ex3: LEGO A weak trade mark is a low distinctive brand. Weak trade marks (ex. the word STAR or BRAVO or commonly used symbols e.g. stars or simple geometrical figures are not strong distinctive marks => other marks can be similar “to a certain point” before there is a risk of confusion ip4inno
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Exercise – strong VS weak
DERMATECH PRINCE Degrees of protection from STRONG to WEAK: ask the trainees to classify these figurative and word marks from to the strongest to the weakest. The answer is on the slide which follows. SAMSUNG BP ip4inno
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Exercise – strong VS weak
1 3 5 SAMSUNG PRINCE BP 4 6 2 Degrees of protection from Strong to weak: Samsung (fantasy word) Juventus (figurative and word is not descriptive, but only suggestive) Prince (distinctive – the word does have a meaning) Dermatech (suggestive and distinctive – but weak since DERMA = skin / TECH = technology) BP (only two letters) Circle (very weak – may have no real distinctive character) DERMATECH ip4inno
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Classification system - how it works, what to do
Like a library system 45 classes Protection covers only the goods and services included in the registration Make a relevant list of goods and services Think 5 years ahead 1-34: goods, services. In principle all existing goods and services. More examples class 16: books, paper, etc./ class 25: clothing, footwear, headwear/ class 24: bed linen etc./ class 9: computer software /class 42: computer programming Important to make correct list of goods and services: Protection covers ONLY what the mark has been registered for (Ex: producer of telephones has mark registered for telecommunication => not very good protection). Think strategically: The first 5 years there is no requirement of use Therefore - Example: A trade mark you want to use for T-shirts, may as well register for ex shoes or maybe accessories in 18 => Strategic advantage for 5 years ip4inno
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Three options for protection
National system: National Trade Mark Office: provide with national protection EU system: OHIM: provide with protection in 27 member states International system: Madrid Protocol: provide with protection in the member states On the need of expanding the trademark for abroad markets – see below under strategic considerations. Priority: If you want to expand your TM registration to cover other countries, it is possible to get priority from your first filing up to 6 months. National applications = national protection in different countries. Problem: different languages, and expensive EU: One application covers all of EU. System can be used by countries outside of European Union BUT: If it does not meet requirements in ONE country, it is refused for the whole area International system: Must have a national basis application or registration Then it’s like a menu card: you pick what you want (one or more countries) Strategic considerations: If only your own and neighboring countries are needed, then maybe EU or international mark is not necessary ip4inno
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The Community Trade Mark
Covers the entire European Community – 27 member states Apply at the OHIM office in Alicante (e-filing accepted) or via a National Trade Mark Office Fees and other information can be viewed at the OHIM website: One application => 27 countries (unitary character) - Administration at OHIM (Office for Harmonization in the Internal Market) in Alicante, Spain Since 1996 (rather new, but very soon became a great success) Article 8 of the Community Trade Mark Regulation (Relative Grounds for Refusal) Fees: Filing 900 euro / e-filing 750 euro (for 3 classes). 150 euro for each class exceeding 3. Registration 850 euro (3 classes). 150 euro for each class exceeding 3. Renewal fee 1500 euro / e-renewal 1350 euro. 400 euro for each class exceeding 3. Rather difficult application procedure => often necessary to have a professional consultant representing you. Principle: apply in any language. But: must choose between 5 languages for further correspondence, so file in own language and choose 2nd language ip4inno
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The CTM specificities Graphic representation Distinctive
Not descriptive: all or nothing principle if descriptive in one language = refused Not similar or identical community search for each applications but national search optional Article 8 of the Community Trade Mark Regulation 8.1(a) Identical mark and identical goods/services… 8.1(b) Identity/similarity - likelihood of confusion… 8.2(a) Earlier rights – registered marks… 8.2(b) Earlier rights – pending applications… 8.2(c) Earlier rights – well known marks… 8.3 Filing without consent of proprietor… 8.4(a) Opposition by non-registered right owner… 8.4(b) Right to prohibit… 8.5 Detrimental to mark – no similarity of G&S… Drawbacks: Examination of descriptiveness is done for all of EU – 20 languages: All or nothing principle: if the mark is descriptive in ONE language / if it does not meet requirements in ONE country, it is refused for the whole of EU Important to think about, if you only operate on a few markets Ex: if you want Northern and Eastern European countries, but the word has a meaning in Spanish => it is refused In the same way, opposition in 1 country may lead to the refusal of the mark. OHIM makes the examination Quality of searches for identical or similar trade marks vary. The applicant must ask for a national search when he applies. However only 16 national offices take part in this optional search: Bulgaria, Czech Republic, Denmark, Ireland, Greece, Spain, Lithuania, Hungary, Austria, Poland, Portugal, Romania, Slovakia, Finland, Sweden, United Kingdom. Therefore there might be a risk to infringe somebody’s trade mark without knowing it. ip4inno
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International protection (1)
The Madrid system for the international registration of marks established in 1891 functions under the Madrid Agreement (1891) and the Madrid Protocol (1989) The two treaties are parallel and independent and states may adhere to either of them or to both It is administered by the International Bureau of WIPO located in Geneva, Switzerland This slide and the one which follows are more for the information of the trainer, for him to understand the background of the Madrid system. He is free to show it or not to the trainees. The system of international registration of marks is governed by two treaties: the Madrid Agreement, concluded in 1891 and revised at Brussels (1900), Washington (1911), The Hague (1925), London (1934), Nice (1957), and Stockholm (1967), and amended in 1979, and the Protocol relating to that Agreement, which was concluded in 1989, with the aim of rendering the Madrid system more flexible and more compatible with the domestic legislation of certain countries which had not been able to accede to the Agreement. It is a centralised system, through which you can apply in different national countries. Must have a national basis application or registration Works like a menu card: you pick what you want (one or more countries). International application is sent via National Office to WIPO (UN body), from where applications are sent out to designated countries Also possible to subsequently designate other countries In contrast to the EU mark if it is refused in one country, this does not influence the other countries. You get protection in the countries where your TM passes through. The link between EU-trademark and Madrid Protocol systems: use EU registration as basis for MP/designate all of EU in MP application ip4inno
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International protection (1)
The Madrid system for the international registration of marks established in 1891 functions under the Madrid Agreement (1891) and the Madrid Protocol (1989) The two treaties are parallel and independent and states may adhere to either of them or to both It is administered by the International Bureau of WIPO located in Geneva, Switzerland "In a number of countries, it has long been possible to protect trademarks on an international basis using a fairly simple procedure - The Madrid Agreement, an international convention first adopted in 1891. Because the Madrid Agreement includes some perceived shortcomings that discouraged many countries from joining, a new convention for international trademark protection was born - the Madrid Protocol, first operational in The Madrid Agreement and Protocol now coexist, with some countries joining one or the other, and some joining both. How The Protocol Works - A Brief Summary As detailed below, a Madrid Protocol applicant begins by either filing a conventional trademark application in its home country, or by relying on an existing registration there ("the home mark"). The applicant then files another separate application in its home country trademark office, based on the home mark, which is called an international application. In the international application, the applicant requests an international registration, and designates one or more other Protocol member countries where trademark protection is sought. The home country trademark office (called the office of origin) forwards the international application to the World Intellectual Property Office (WIPO) in Geneva, Switzerland, which grants the international registration, if all formal requirements are met. WIPO then notifies the Protocol member countries where protection has been sought. These countries treat the request for protection as if it were a national trademark application directly filed by the applicant there. These offices conduct the examination required by their national law, and, if required, entertain opposition proceedings under national law." Nina Shreve of Fitzpatrick, Cella, Harper & Scinto ip4inno
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International protection (2)
Open to any State which is party to the Paris Convention Open to intergovernmental organizations which maintains its own office for the registration of marks Any State which is a party to the Paris Convention for the Protection of Industrial Property may become a party to the Agreement or the Protocol or both. In addition, an intergovernmental organization may become a party to the Protocol (but not the Agreement) where the following conditions are fulfilled: at least one of the Member States of the organization is a party to the Paris Convention and the organization maintains a regional office for the purposes of registering marks with effect in the territory of the organization. ip4inno
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Application process Basic application/registration: an international application can only be filed if the mark has already been applied for at a national Trade Mark Office (referred to as the Office of origin) The person or legal entity must have a connection with the Contracting Party in order to use the trade mark as a basic application/registration An international application must be presented to the International Bureau (WIPO) through the Office of origin The connection of the applicant to the Contracting Party is through establishment, domicile or nationality. However, where all the designations are effected under the Protocol (see below) the international application may be based on a mere application for registration filed with the Office of origin. "As mentioned above, to file under the Protocol, the applicant must begin with a home application or registration. This application or registration must be for the same mark and the same goods and services for which international protection is sought. If necessary to cover all the goods for which international protection is sought, the applicant may rely on more than one home application or registration. Once the home application has been filed (or the home registration identified), the next step is to file an international application in the applicant's home trademark office, i.e., the national trademark office where the home application or registration is. This international application must contain a request for protection in at least one other Protocol member country. The home office will examine the international application only for limited purposes, primarily to certify that the mark is identical to the mark in the basic home application or registration, that the applicant is the same, and that the goods and services are covered by the home application or registration. The home office also certifies the filing date and then forwards the international application to WIPO. It may be possible to claim priority under the Paris Convention when filing an international application under the Madrid Protocol. That is, priority of the applicant's first filed national application for the mark in issue usually can be successfully claimed, if the international application is filed within the six month Paris Convention window. The Madrid Protocol will provide protection in any Madrid Protocol country that is designated in the original international application, or in a designation that can be made at a later time. A designation made later is referred to as a subsequent designation, and usually receives an effective filing date when it is submitted. If the subsequent designation is filed within 6 months of the Paris Convention priority date accorded to the international registration, that priority may also apply to the subsequent designation." Nina Shreve of Fitzpatrick, Cella, Harper & Scinto ip4inno
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INTERNATIONAL APPLICATION
Example: 5. Basis application or registration number 7. The mark 11. Designated countries: China, Japan, Russian Federation, USA Advantages: Meet your opponents on your home ground (use national registration as a ”test”). If EU-application => the battle (opposition case) will take place in Alicante in a different language Possible to have subsequent designations
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Advantage A simplifying mechanism:
the Madrid system offers trade marks owners the possibility to have their trade marks protected in several countries by filing only one application directly with his own national or regional trade mark office The objectives of the system are two-fold: Firstly, it facilitates the obtaining of protection for marks (trademarks and service marks). The registration of a mark in the International Register produces, in the Contracting Parties designated by the applicant, the effects described in paragraph 28, below. Further Contracting Parties may be designated subsequently. Secondly, since an international registration is equivalent to a bundle of national registrations, the subsequent management of that protection is made much easier. There is only one registration to renew, and changes such as a change in ownership or in the name or address of the holder, or a limitation of the list of goods and services, can be recorded in the International Register through a single simple procedural step. On the other hand, if it is desired to transfer the registration for only some of the designated Contracting Parties, or for only some of the goods or services, or to limit the list of goods and services with respect to only some of the designated Contracting Parties, the system is flexible enough to accommodate this. ip4inno
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Final remarks WIPO publishes a guide to the international registration of marks under the Madrid Agreement and the Madrid Protocol on its website: If you consider an international registration you can find all relevant information on the WIPO website. A professional trade mark attorney will be able to advise applicants on their options with regard to trade mark applications both nationally and internationally. ip4inno
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Content Intro - relevance of IP Trade marks Designs Domain names
Geographical indications (GI) ip4inno
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What is a design? "The outward appearance of a product or part of it which results from lines, contours, colour, shape, texture, materials and/or its ornamentation" (OHIM) Refers to the ornamental or aesthetic aspects of a product Design makes a product attractive and appealing to customers and may even be its unique selling point Appearance = objective criteria – all subjective elements are excluded (e.g. appealing to the eye, aesthetics) Whole or part of a product = parts are subject to protection In particular = open list – other elements can be designed (e.g. perceived weight, flexibility) Main features of the Definition ‘Product’: Any industrial or handicraft item = covers all products without limitation as to production type, volume etc. Including inter alia = open list of examples Parts = idem design More information on OHIM website. ip4inno
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What can be protected? Registered design protects:
Shapes or configurations (3-D) and/or patterns or ornamentations (2-D) Lines, contours, colours, shape or texture => the "appearance" Does not protect: the product itself the technical function of the product the capacity of a sign to be distinctive Designs, whether bi-dimensional or tri-dimensional, are protected by means of registration. What is protected is the appearance of the product.
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Requirements for obtaining exclusive rights
Novelty Individual character (give an appearance of originality Requirement of novelty: The identical design must not be known – note the 12 month grace period. Requirement of individual character: The overall impression of a design must differ from other prior known designs. Design applications are not examined for novelty or individual character: one can make one’s own searches or purchase professional searches. "Applications are mainly checked for formalities. There is no in-depth substantive examination, except to verify that the application is for a design and that the design is not contrary to public policy or morality. Unlike the CTM system, there is no opposition procedure. The RCD application will be examined and if there are no problems the design is then registered and published immediately or following the deferment period (upon request of the holder or his representative within 27 months of the application date or from the priority date). If the application does not meet the formal requirements an objection (usually called a “deficiency letter” which will contain a time limit for the reply) will be raised. This may lead to the amendment of the application or to its refusal if the requirement is not complied with. If the deficiency letter is not replied to within two months, this could lead to the refusal of the application or to the deletion of certain views or to the loss of the claim of the priority right." OHIM ip4inno
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Three options for protection
National system: National Office: provide with national protection EU system: OHIM: provide with protection in 27 member states International system: The Hague agreement: provide with protection in the member states National Office: Member States continue to offer national design protection and Belgium , the Netherlands and Luxembourg continue to have a common system of protection for designs in the Benelux . EU system: is explained more in depth in the following slides. International system: the only alternative to the options mentioned above is the international system of the Hague Agreement administered by the World Intellectual Property Organization (WIPO). This agreement confers national protection by filing a single application with WIPO, designating the states for which protection is sought. This system is applicable in some of the current and potential future EU Member States and in some other non-EU countries, in total more than 40 countries. (as of 2008) ip4inno
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The Registered Community Design (1)
Single application for a unitary protection throughout the EU Procedure fast and user-friendly You can market your product a full year before you apply for protection, without destroying novelty Publication may be delayed for up to 30 months Birth of rights => application filing date Single application for a unitary protection throughout the EU: by filling only one application will be granted an exclusive rights in all the EU member states. Procedure fast and user-friendly: although there are requirements for protection such as novelty and individual character, there is no examination for novelty, to determine whether the applicant is the true owner, whether the applicant violates earlier rights. Applications are mainly checked for formalities. There is no in-depth substantive examination, except to verify that the application is for a design and that the design is not contrary to public policy or morality. Unlike the CTM system, there is no opposition procedure. The RCD application will be examined and if there are no problems the design is then registered and published immediately or following the deferment period. As CTM and patent, an application concerning a design contrary to the "ordre public" or morality will be rejected. Publication may be delayed for up to 30 months: Usually, a registered Community design is published soon after the Office has received the application. However, publication may be delayed for up to 30 months and your creations can therefore be kept confidential until you are ready to disclose them. ip4inno
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The Registered Community Design (2)
Term of protection: 5 years renewable 4 times => max. 25 years Who can fill an application? any natural or legal person without any restrictions as to nationality or state of incorporation Where, how? OHIM (Alicante), electronically or by post, fax, hand delivery Filling condition: information identifying the applicant, representation of the design suitable for reproduction, indication of the products in or to which the design will apply Term of protection: An RCD initially has a life of five years from the filing date and can be renewed in blocks of five years up to a maximum of 25 years ip4inno
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Design registered in the EU
Casio Computer Company Filed, registered and published on 01/04/2003 ip4inno
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Design registered in the EU
DaimlerChrysler AG Filed, registered and published on 01/04/2003
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Case Study (1) Registerd design A Design B ip4inno
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Case Study (2) Similarities: Dissimilarities:
Both designs consist of a round saucer, with an hole in the middle Dissimilarities: The two holes in the designs are not the same size The curves of the saucers are dissimilar ip4inno
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Case Study (3) The Danish Patent and Trademark Office did not find the two designs to be similar and granted the registration However the holder of design A brought the decision before the Danish Board of Appeal. They found the two designs to be similar, due to the hole in the middle and the curves of the two saucers Because the designs did not differentiate substantially from each other, the registration of design B was cancelled
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The Unregistered Community Design
No application Same requirements for protection: novelty and individual character Term of protection: 3 years from the period the design was first made available Only protects against copying This slide is made to make people aware that even if they did not register their design they still have some protection. However this module is about registered rights, you can also choose to skip it. For more in depths information i.e. module 2A, "Unregistered IP". Unlike a registered Community design, you do not have to file an application to protect an unregistered design. This simplicity does, however, have its downside because in practice the holder of the UCD may encounter serious problems proving that the protection exists The rights conferred between RCD and UCD differ because the RCD gives an exclusive right to use and prevent making, offering, putting on the market, importing, exporting, using or stocking for such purposes, products incorporating the design, which do not produce a different overall impression. The UCD constitutes a right to prevent the commercial use of the design only if the use results from copying. Consequently, if the design has been created independently by a second designer (in other words, that designer shows that he/she was not aware of the existence of the protected design), there is no infringement. ip4inno
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Advantages of the RDC A single legal system applies to Community designs, providing strong and uniform protection throughout the European Union Simplified formalities It confers on its holder the exclusive right to use it and prevent any third party not having his consent from using it You can argue "simplified formalities" by remembering to your audience these points: a single application a single language of filing a single administrative centre a single file to be managed a single payment the possibility to file multiple applications (i.e. to include several designs in one application, such as a whole range of similar products), the possibility to keep the design undisclosed for up to 30 months to avoid competitors learning of it. ip4inno
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Content Intro - relevance of IP Trade marks Designs Domain names
Geographical indications (GI) ip4inno
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What is a domain name? Domain name system: convert an internet protocol address (e.g ) into something more simple (i.e. a domain name) Domain name: human-friendly forms of internet addresses => The Domain Name System (DNS) helps users to find their way around the Internet. Every computer on the Internet has a unique address – just like a telephone number – which is a rather complicated string of numbers. It is called its "IP address" (IP stands for "Internet Protocol"). But it is hard to remember everyone's IP address. The DNS makes it easier by allowing a familiar string of letters (the "domain name") to be used instead of the arcane IP address. It translates the numerical addresses of computers into more user-friendly names. So instead of typing , you can type It is a "mnemonic" device that makes addresses easier to remember. Translating the name into the IP address is called "resolving the domain name." The goal of the DNS is for any Internet user any place in the world to reach a specific website IP address by entering its domain name. Domain names are also used for reaching addresses and for other internet applications. Computers connected to the internet have unique numerical addresses so that electronic information is delivered to the right place. Domain names are used to identify particular web pages. For example, in the web site address " the domain name is nominet.org.uk. Domain names are also used in addresses, for example, that enable people to send and receive electronic messages. ip4inno
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Domain name and trade mark
A registration of a domain name does not confer to its owner any trade mark rights A domain name may be registered as a trade mark A trade mark may be registered as a domain name Incorporating a registered trade mark owned by a competitor or another company into your domain name or meta-tag may be an infringement "Registering a company name at Companies House is not the same as registering a trade mark. Likewise, domain name registration is an entirely separate matter. However, it is worth noting that incorporating another person's trade marks into a domain name or into the metatags of a Web site can land the organisation in very hot water. If its own domain name is not the same as it trade mark, it might well be advisable to register the URL as a trade mark itself. Given that squabbles over domain names when resolved by NOMINET or ICANN (will be explained in the upcoming slides) can only result in cancellation, transfer or freezing of the offending Web site, it can be preferable to sue under trade mark law to recover damages if the organisation has lost business to a cyber-squatter." p.175, a handbook of intellectual property management, Protecting, developing and exploiting your IP assets, Adam Jolly & Jeremy Philpott, Kogan Page, 2004 ip4inno
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Domain name VS trade mark
Human-friendly form of internet address Protection of the identifier of a good or service First come, first served Priority application date World wide Territorial scope Not relevant Division into classes of goods and services In principle no examination Examination and opposition ip4inno
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How to register a domain name?
Through a registrar Check what domain names are available Make sure to renew your domain name on time What is a registrant? A registrant is the individual or organisation (e.g. limited company, partnership, sole trader etc) that registers a specific domain name. This individual or organisation holds the right to use that specific domain name for a specified period of time (two years for a domain name ending in .uk ). This person or organisation is the ‘legal entity’ bound by the terms and conditions of the domain name registration agreement with the registrar. What is a ‘registrar’? A registrar is the company or organisation that you choose to register your domain name through. This may be an ISP or a domain name reseller or just a company that specialises in registering domain names. Registrars have previously been referred to as 'Registration Agents' or 'Tag Holders‘. Internet Corporation for Assigned Names and Numbers (ICANN) is responsible for the global coordination of the internet's system of unique identifiers. These include domain names (like .org, .museum and country codes like .UK), as well as the addresses used in a variety of internet protocols. Computers use these identifiers to reach each other over the internet. Careful management of these resources is vital to the internet's operation, so ICANN's global stakeholders meet regularly to develop policies that ensure the internet's ongoing security and stability. A list of accredited and accreditation-qualified domain name registrars can be found on the ICANN website. More information about ICANN can be found at "The registrar you choose will ask you to provide various contact and technical information that makes up the registration. The registrar will then keep records of the contact information and submit the technical information to a central directory known as the "registry." This registry provides other computers on the Internet the information necessary to send you or to find your web site. You will also be required to enter a registration contract with the registrar, which sets forth the terms under which your registration is accepted and will be maintained. Information about who is responsible for domain names is publicly available to allow rapid resolution of technical problems and to permit enforcement of consumer protection, trademark, and other laws. The registrar will make this information available to the public on a "Whois" site. Each registrar sets the price it charges for registering names, and prices vary significantly among different registrars. In addition, some registrars offer discounted or free registration services in connection with other offerings, such as web hosting. Each registrar has the flexibility to offer initial and renewal registrations in one-year increments, with a total registration period limit of ten years." ip4inno
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Uniform Domain Name Dispute Resolution Policy (UDRP)
A procedure allowing trade marks owners to resolve clear cases of abusive domain names registration (cybersquatting) without going to court Applicable to top level domain names (TLD): .COM, .NET, .ORG Administrative procedure => no need to go to court Remedies: transfer or cancellation, no monetary damages Mandatory part of registration terms and conditions Background: the procedure was advised by WIPO to ICANN which adopted it and made it effective in December 1999. Domain name disputes: "Domain name dispute arise largely from the practice of cybersquatting, which involves the pre-emptive registration of trade marks by third parties as domain names. Cybersquatters exploit the first-come, first-served nature of the domain name registration system to register names of trade marks, famous people or businesses with which they have no connection. Since registration of a domain names is relatively simple, cybersquatters can register numerous examples of such names as domain names. As the holders of these registrations, cybersquatters often put then the domain names up for auction, or offer them for sale directly to the company or person involved, at prices far beyond the cost of registration. Alternatively, they can keep the registration and use the name of the person or business associated with that domain name to attract business for their own sites. There are dispute resolutions procedures operated, for example, by WIPO. If you have a registered trade mark you may have legal remedies against someone who has registered the domain name simply for the purpose of profiting by its sale to the rightful trade mark owner." Ref: intellectual property, Miles Rees and Lawrence Smith-Higgins, teach yourself, p.26 These proceedings provide an efficient remedy against the bad faith, abusive registration of domain names that violate trademark rights. This administrative procedure is without prejudice to recourse to competent courts. The UDRP applies to .com, .net and .org, as well as to a number of more recently introduced gTLDs, such as .aero, .biz, . cat, .coop, .info, .jobs, .mobi, .museum, .name and .travel. Since the beginning of its UDRP service, WIPO has processed over 10,500 cases. ip4inno
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Case study (1) La Caixa D’Estalvis (complainant) VS Fastrack Concepts (respondent) Domain Name Decision – D – LA CAIXA Respondent registered the domain name lacaixaonlineb.com Respondent is not the owner of any trademark registration protecting the denomination "la caixa" or "caixa on line services" Respondent is not commonly known by the domain name at issue For details see: According to the documentary evidence and contentions submitted, Respondent registered the domain name <lacaixaonlineb.com> with Tucows, Inc. on April 12, 2006. On May 31, 2006, Complainant sent a letter to Respondent requiring the transfer of the disputed domain name. Identical or Confusingly Similar? Therefore, the Panel concludes that the domain name <lacaixaonlineb.com> is confusingly similar to the trademarks LA CAIXA and CAIXA ON LINE SERVICES in which Complainant has rights. As a result, the Panel finds that the requirement of paragraph 4(a)(i) of the Policy is met. Rights or Legitimate Interests? The Panel finds as reasonable Complainant’s contentions that (i) Respondent is not the owner of any trademark registration protecting the denomination “la caixa” or “caixa on line services”, and is not commonly known by the domain name at issue, and (ii) “la caixa” is a term in Catalan language spoken in very few places and the term LA CAIXA is a well-known trademark. ip4inno
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Case study (2) “la caixa” is a term in Catalan language (Respondent is residing in the USA) LA CAIXA is a well-known trade mark in Spain Respondent in all likelihood knew of the existence of Complainant’s trademarks and of their relevance in the European market. The Panel orders that the domain name <lacaixaonlineb.com> be transferred to the Complainant B. Rights or Legitimate Interests? The Panel finds as reasonable Complainant’s contentions that (i) Respondent is not the owner of any trademark registration protecting the denomination “la caixa” or “caixa on line services”, and is not commonly known by the domain name at issue, and (ii) “la caixa” is a term in Catalan language spoken in very few places and the term LA CAIXA is a well-known trademark. C. Registered and Used in Bad Faith? Complainant argues, relying on previous WIPO UDRP decisions, that registration of a well-known trademark as a domain name is a clear indication of bad faith in itself, without considering other elements. The Panel is of the opinion that, in light of the reputation of the trademark LA CAIXA and the adoption by Respondent, residing in USA, of a Catalonian word which is confusingly similar to Complainant’s trademarks, Respondent in all likelihood knew of the existence of Complainant’s trademarks and of their relevance in the European market. Decision For all the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the domain name <lacaixaonlineb.com> be transferred to the Complainant. ip4inno
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Content Intro - relevance of IP Trade marks Designs Domain names
Geographical indications (GI) Throughout Europe there is an enormous range of great foods. However, when a product acquires a reputation extending beyond national borders it can find itself in competition with products which pass themselves off as the genuine article and take the same name. This unfair competition not only discourages producers but also misleads consumers. That is why, in 1992, the European Union created systems known as PDO (Protected Designation of Origin), PGI (Protected Geographical Indication) and TSG (Traditional Speciality Guaranteed) to promote and protect food products. Source: ( ip4inno
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Geographical names ≠ geographical indication
Geographical names can be used in the market with the following meanings: indicates the origin, the "made in" indicates the origin + the quality => geographical indication ex: Porto A “simple indication of source” (such as “made in”) does not imply any special quality of the product, just informs the consumer that the product has a certain origin. Differently, a “geographical indication” (such as “Porto”) informs consumers not only about the origin of the product, but also that it has certain qualities or characteristics duly controlled. In the presence of a certain product bearing a geographical indication, the consumer not only sees a product originating from a certain place and, therefore, having a certain number of characteristics, but above all he sees a product with a superior degree of quality, with strictly controlled production stages. Geographical indications are normally used in wines, spirits drinks, agro-products and foodstuff. GIs conditions: The product’s origin must be in the geographical area The product must meet various quality criteria set out in a specification A product does not receive protection only by virtue of its origin. It also must comply with certain criteria and production methods. Even if the product is produced inside a defined area it may not necessarily be allowed to use the geographical indication. Only a product that comply various geographical and quality criteria is eligible to use a registered geographical indication. ip4inno
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GIs are an important asset
Consumers are constantly faced with the problem of choosing Differentiation is a key element in any commercial strategy GIs may become an excellent tool to differentiate products and attract purchases Consumers highly appreciate GIs, as they respond to their desire for authenticity, typical and quality goods: In an economy characterized by globalization, with an abundant supply of goods, differentiation from the mass is crucial. With the recent crises in the food sector, we have assisted to an increasing consciousness for quality. Nowadays consumers not only require hygienic and health standards in the products, they also look for certification of origin and production methods. Being a guarantee of quality (because of the information they convey to consumers: product’s uniqueness and quality), GIs can be an extraordinary competition tool at the service of the producers and traders from a specific region, while contributing in a decisive way to the safeguard of consumer’s interest (information concerning the quality facilitates consumer choices in the market). GIs and trademarks: Both trademarks and geographical indications may complement each other. A geographical indication can used in a trademark, provided that the trademark is used in products originating from the area and having a certain number of characteristics. There are many trademarks benefiting from the goodwill associated with geographical indications. Some trademarks have became known precisely on the basis of the goodwill generated by a geographical indication. Example: Use “Champagne” as an example ip4inno
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Legal regime to protect GIs
Protected Designation of Origin (PDO) Protected Geographical Indication (PGI) The system to protect geographical indications: The system is known as “PDO” (Protected Designation of Origin) and “PGI” (Protected Geographical Indication). This presentation just provides a general framework, not the detailed rules that can be consulted in the regulations. Relevant EC regulations: Regulation (EEC) No 2081/92 (regulates the use of GIs on wines); Regulation (EEC) No 1576/89 (spirit drinks); Regulation (EC) No 510/2006 (agri-products and foodstuff). NB: only as information for IP trainers Goals for the protection regimes: Protect the goodwill of products with specific characteristics and improve the income of producers, in return for a genuine effort to improve quality. GIs lead to higher price of products, relative to the situation when they are offered as anonymous goods. The quality of the product to which a geographical indication relates can justify an eventual increase of price. Producers may obtain premium prices for products that would otherwise be regarded as a commodity product Benefit the rural economy and retain the population in the less-favoured or rural areas. GIs help preserving traditional production methods and cultural identity Protect consumers from misinformation. The use of a GI may act as a certification that the product possesses certain qualities and, therefore, helps the consumer to make wise choices of experience and credence goods. Consumers can purchase high quality products with guarantees as to the method of production and origin; ip4inno
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PDO and PGI - main difference
The distinction depends on how closely the product is linked to the specific geographical area PDO: processing and preparation must take place in the defined geographical area PGI: at least one of the stages of production, processing or preparation must occur in the specific geographical area The main difference is the proximity of the connection between the product qualities and the geographical area. The type of link between the product and the geographical area is more stringent in the case of PDO than in PGI. To become a PDO is essential the connection between land and the qualities of the product. PDOs are based in the idea of territory (the characteristics of the products are attributable to the special soil and weather conditions). A product with a PGI has a lesser link between its qualities and the land. The link, in this case, need not to be closer or objective, it can be based on reputation: it is enough that plain reputation or quality is “attributable” to the geographical origin; it is enough that only one of the elements of production, processing or preparation takes place in the geographical area. Traditional Specialities Guaranteed: The EU system also provides protection for a certificate of special character, known as “Traditional Specialities Guaranteed” (TSG) – Regulation 2082/92 adds a further category of IP protection. TSG is a certificate of specific character or typical features: - the product must have features that distinguish it from other (such as taste or specific raw materials) - the product’s specific character must be “traditional” (uses traditional raw materials or is produced in a traditional way) TSG conditions: The products are linked to traditional production methods rather than the region in which they were made. Under the definition in the regulation, “specific character” does not consist in: a particular presentation (e.g. luxurious or attractive packaging), a specific provenance or geographical origin, the results of applying technological innovation. Products should be produced either from traditional materials or produced using traditional techniques. The indication “Traditional Specialities Guaranteed” may be used only by producers complying with the registered product specification. TSG and PDO/PGI: The TSG designation may complement the PDO or PGI in those cases where the geographical dimension is less important than the traditional attribute that producers wish to emphasize. ip4inno
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Examples PDOs PDIs Feta Cheese Lammefjordsgulerod Parma ham
Lübecker Marzipan Jersey Royal Potatoes Cidre de Bretagne ou Cidre Breton A PDO (Protected Designation of Origin) covers the term used to describe foodstuffs which are produced, processed and prepared in a given geographical area using recognised know-how. In the case of the PGI (Protected Geographical Indication) the geographical link must occur in at least one of the stages of production, processing or preparation. Furthermore, the product can benefit from a good reputation. Definitions: A PDO means the name of a region, a specific place or, in exceptional cases, a country, used to describe a product. A PDO must fulfil 3 cumulative conditions: Origin (the product must originate in the geographical area) Quality or characteristics essentially or exclusively due to the environment (the quality or characteristics of the product must be essentially or exclusively due to a particular geographical environment with its natural and human factors) Full manufacture/production in the area (production, processing and preparation of the product must take place in the defined geographical area) A PGI means the name of a region, a specific place or, in exceptional cases, a country, used to describe a product. A PGI must also fulfil 3 cumulative conditions: Quality or reputation attributable to the origin (a specific quality, reputation or other characteristics must be attributable to that geographical origin) One phase in the area (the production and/or processing and/or preparation of the product must take place in the defined geographical area) ip4inno
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The registration procedure
Who can apply? producer groups Where to address? local authorities in member states What is the procedure? application is sent to the Commission publication third parties may object registration To enjoy protection throughout the EC, a geographical designation must be registered. The registration procedure is the same for PGI and PDO. The procedure for registering TGS is also very similar. 1. Applications are made in the name of producer groups (means any association of farmers or producers dealing with the same product). The application must contain a specification that includes: - name of the product; - description of the product, including physical, chemical and organoleptic characteristics; - definition of the geographical area; - evidence of origin; - method of obtaining the product; - geographical link: cause effect relation, reputation, etc.; - inspection structures : is must offer adequate guarantees of objectivity and impartiality 2. The application must be addressed to the appropriate authorities in the Member State where the geographical area is located. A list of relevant national authorities may be consulted on the Commission’s official website. 3. The Member State checks if the application is justified and if it satisfies the requirements. The Member State may grant a transitional national protection period. The Member State send the application to the Commission. When the application is forwarded, the Commission verifies if all the requirements are met. If they are, the publication is made on the Official Journal of the European Communities. Third parties can object to proposed PDOs or PGIs which they feel would harm their business. A recurrent objection is that the proposed denomination is a generic term for the product in question: a name that has become generic (has become accepted in common language as signifying the type of product, rather than its geographical origin) cannot be registered as PDO or PGI. Although, once registered, the denominations are protected against generecization. If no objections are notified, the PDO or the PGI is entered in the register kept by the Commission. Once in the Register, they become protected against misuse and imitation. ip4inno
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Effects The use and fruition belongs to all producers/traders in the defined area whose products comply with the conditions of production laid down in the specifications They may prohibit any other person from using or advertise under the registered name, in such a way as to take unjustified advantage of its reputation PDO and PGI are industrial property rights: Despite being IP rights, they are not property of a single person. Their use and fruition belongs to the whole collectivity: not only to the producers who made the application in the first place, but also to all producers in the geographical area defined who comply with the established rules. The system is voluntary and open: any producer located in the area and respecting the conditions of production specified is entitled to use the registered name to market its product. The regulations protect GIs against: - any direct or indirect commercial use of the protected name, - any misuse, imitation or evocation, even if the true origin is indicated or the protected name is translated or accompanied by “type”, “method” or similar, - any other false or misleading indications as to the provenance, origin, nature or essential qualities of the product, - any other practice liable to mislead the public as to the true origin of the product. ip4inno
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Useful links http://oami.europa.eu/ (OHIM)
(WIPO) (WIPO Domain Name Dispute Resolution Service) (IPR Helpdesk) (European Commission - Agriculture and Food) ip4inno
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THANK YOU FOR YOUR ATTENTION!
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