1. WIPO-INSME International Training Program An Introduction to the Field of Collective Marks and Certification Marks for SMEs Geneva - May, 2005 Martin Senftleben, WIPO

2. Overview Part I: Functions of Marks Part II: Collective Marks » »Certification Marks » »Examples » »Regulations » »Change in Ownership Part III: Conclusion

3. Part I: Part I: Functions of Marks Origin function –allows identification of the enterprise offering a good or service Quality function –consumers associate certain quality with a mark –encourages the holder to maintain the quality standard Communication function –can become a carrier of additional information –“mark image” Art. 15(1) TRIPS: “…capable of distinguishing the goods or services of one undertaking from those of other undertakings…”

4. Part II: Collective Marks What is a collective mark? Individual mark Collective mark holder: association » focus on the good or service geographical origin holder: individual person » focus on the enterprise as the source of the good or service specific nature specific quality other characteristics

5. Part II: Collective Marks What is a certification mark? specific functions: – –distinction function? – –guarantee function – –securing quality – –informing consumers control concerning: –geographical origin –production process –specific nature –other characteristics Certification mark holder: control institution » focus on specific characteristics

6. Part II: Examples Origin

7. Part II: Examples Geographical Origin

8. Part II: Examples Nature

9. Part II: Examples Quality

10. Part II: Collective Marks What are the different forms of use? use by the members of the association use by the association itself use by both the association and its members use by third parties use by third parties as well as the association and/or its members

11. Part II: Collective Marks Collective mark regulations - for what purposes? internal relations: – –clarifying the relationship between the association and its members – –clarifying the relationship of members to each other external relations: –informing the public about the association and its members –ensuring transparency as to the conditions of use of the collective mark

12. Part II: Collective Marks Regulations - what contents? association: – –name and headquarters – –purpose – –representation membership: – –requirements – –obligatory admission? use authorization: –criteria –all members? –third parties? conditions of use: –term –form –nature of goods/services –quality standard –specific region?

13. Part II: Collective Marks Is a change in ownership possible? in principle: not precluded same organizational structure required – –collective mark: association – –certification mark: control institution changes to the regulations? conditions of use to be observed – –quality standard – –nature of goods/services

14. Part III: Conclusion Business approach to individual and collective marks Individual marks full direct control reflects “goodwill” of an individual enterprise subject of direct investment becomes individual asset of an enterprise no limits to assignment and licensing Collective marks no direct control forms rather an additional marketing instrument not necessarily subject of direct investment useful starting point when setting up a business specific rules for assignment and licensing

15. The End. Thank you!...for further information, visit www.wipo.int