Transcript Ms. Nadia Zubair Shah, Deputy Director(Legal), IPO

IP Management in Pakistan;
Importance of GI Protection
‘a way forward for local
development’
Nadia Zubair Shah
Deputy Director
IPO-Pakistan
1
IP Management in Pakistan
INTELLECTUAL PROPERTY MANAGEMENT IN PAKISTAN
COULD BE DIVIDED IN TO TWO PERIODS:


PRE 2005 PERIOD

Fragmentation

Deterioration

No automation
POST 2005 PERIOD

IPO created as an autonomous body to encompass all intellectual
Property related functions.

IPO directly under prime minister’s stewardship

High powered policy board

Integrated offices
2
IP Management in Pakistan

Automation of IP registries

Improvement in service delivery

Public awareness campaign

Empowerment of FIA for eradication of piracy

Activation of customs for border controls against
piracy and counterfeiting
3
Core Functions of IPO-Pakistan

Integration of IP Management

Improvement in Service Delivery

Increasing Public Awareness

Enforcement Coordination
4
Enforcement Strategy

Enhancing Awareness

Strengthening Enforcement Coordination

Capacity Building of Enforcement Agencies

Facilitating Access to Legitimate Products

Relentless Enforcement Drive Against IPR
Crime
5
Challenges

Strong Lobbies of Counterfeiters and Pirates

Weak Prosecution and element of corruption

Non availability of IP specialized Judges

Lack of Public Awareness about genuine and fake
products

Purchasing Power of People
6
6
Geographical Indications under TRIPS
(art.22.1)

Geographical Indications (GIs) are Indications
which identify a good (food, handicraft, etc) which
have a given quality, reputation or other
characteristic essentially attributable to its
geographical origin.

The use of a GI may act as a certification that the
product possesses certain qualities, or enjoys a
certain reputation, due to its geographical origin.
7
GI as an IPR
Geographical Indications (GIs) are names,
 – Darjeeling Tea
 – Argan Oil
 – Srilankan Ceylon Tea
identifying products whose unique qualities,
reputation or other characteristics depend
essentially on their area of origin
8
Aims and Objectives




Encourage diverse agricultural production
Improve rural Income & maintain rural
population
Protect product names from misuse and
imitation
Help consumers by giving them information
concerning the Specific character of the
products
9
Concept of Geographical Indications





GI as an Intellectual Property Right (GIs are
not transferable and production can not be
displaced)
Importance of GIs
GI as a Quality Sign
GI as a developmental Tool
GI as a marketing Tool
10
Importance of GIs

Consumer benefits
•
•
Quality assurance
Specific character
Traceability
Labeling

Producer benefits
•
•
Prevent counterfeiting
Protect valuable product names
Fair competition
Maintain standards

Societal benefits
•
•
Reconnect consumers and producers
Link valuable products to rural
Maintain quality standards

Environmental benefits
•
Linking traditional product with landscapes and farming systems
•
•
•
•
•
11
Comparison between TM &GIs
Brand
Geographical Indication
PROTECTION OF NAMES
Type of law
Regulating human creation and
property
Regulating the links between
human activities and nature.
Term
Linked to the use made by the
owner; prescription if not used.
No prescription : “terroir”
and
heritage have no term.
Type of
property
Individual, owned by a person or
an organization.
Asset of the firm; can be assigned,
evaluated and sold.
• Collective, even if only one
user.
• Not possible either to
delocalise or to sell.
Objectives
Corporate sign. The product and
process can be changed
immediately.
Codifying tradition and
constant processes.
12
Comparison between TM &GIs
BRAND
GEOGRAPHICAL INDICATION
PROTECTION OF ORIGINAL NAMES
Types of
requirements
about
characteristics
of the product
and process
Up to the owner.
May change without
informing the
customer.
Only availability of
the name is
examined by the
IP office.
Code of practices discussed by the
stakeholders and integrating collective
concerns. May change after agreement of
the relevant collective organization.
Everybody is informed of
any change. Transmission to future
generations.
Code of practices validated by the Govt
and controlled on behalf of the Govt by an
agreed Control body.
Functions
Income for the
owner
• Collective action with redistribution
of value added to all stakeholders.
• Local and community development
13
How to promote Geographical
Indications

Set up an appropriate and efficient legal framework

Enforce rules


Select products deserving GI protection
Control and monitor the right-owners which are
producing, processing and trading the protected
quality goods
14
Theme of Setting up of an appropriate
& efficient legal framework

Draft Ordinance on “The Geographical Indications of
Goods”, --close adaptation of the 1999 Indian law.-benchmark on other relevant laws, the Thai law and the
new Cambodia law

Registration

(1) Competent authority (2) Group of persons representing
the producers’ interests (association, Organization, cooperatives, ,..)
15
Pakistani GI Draft Law
KEY POINTS TO BE OBSERVED
 Must be in full compliance with the TRIPS Section 3
 All kinds of goods to be protected: Agricultural, Industrial
goods and handicraft
 Accurate definitions of the protected signs
 Accurate definitions of the applications' requirements
 Only collective bodies should apply “representing the
interest of the producers of the concerned goods”
 Mention “human factors”
 Prohibition of registration of GI as trademark
16
Pakistani GI Draft Law
KEY POINTS TO BE OBSERVED
 Interest of all the skilled workers should be watched who
are not authorised users
 Protection should not come at the cost of economic,
administrative and legal disadvantage and inconvenience of
the very people possessing the skill.
 There should be a provision for quality control before and
after registration
 Issue of migration of skilled worker should be addressed
 Need to renew the Registration after 10 years: non useful
burden
 Specific provision for universal recognition of GI products:
GI registration needs to be honoured on a reciprocal basis
among member countries.
17
Enforcement

Users
(I) The specifications of the goods should be in accordance
with the conditions prescribed by Law (ii) The Right-owner
must be able to train users on specifications, monitor and
control users’ compliance with the registered specifications
of the right.

Organization of the producers in a collective
structure (GI societies)
There should be an organization of producers to strengthen
the institution. Capacity building of these organizations is
needed so that they can draft the product specifications,
draft the application for registration and monitor through
inspection.
18
Control and Monitor: Administration
 Setting up a GI Registry
 Capacity building of collective bodies and reliable
inspection bodies
 Cost of registration should be set for: application, notice of
opposition, extension of time, certificate, amendments and
revocation of registration
 Cost of litigation should be set for opposition and appeal. It
will depend on the complexity of the case
 Time frame for registration and protection should be set.
19
How to promote GI
CREATING A GI : The standard scheme
PRODUCT
PRODUCERS
ASSOCIATION
Registration
PROMOTION
SPECIFICA
TIONS
CONTROL BODIES
Name &
logo to be
protected
20
20
Promote awareness of the Pakistani
GI products




A specific mark should be set for each product. Collective
advertising campaigns could be undertaken.
At the national level, the marketing policy of the rightowners’ bodies and organizations :organize fairs, skill
training, setting up website and GI Portal, emporium, etc..
International fairs and promotional tours for accessing
major global potential markets.
Government may assist in bearing cost for lawyers and
social scientists, domestic data base, training producers and
officials, drafting product specifications and strengthening
system for inspection.
21
Action Plan Strategy




Strategy I: Implementation and enforcement of the new
law and consequent regulations
Strategy II: Institutional Strengthening—Capacity
building and inter-institutional coordination, organizational
audits, feasibility studies and case studies for specific
products by assessing the economic, social and technical
Interest for protection under the GI framework.
Strategy III : The creation and training of the public and
private agencies, lawyers and association involved in GI
setup, on-line access to information;
Strategy IV: Promotion of GI Products—the promotion of
new GI products in the local and global Markets by
supporting all those involved from producers to retailers in
those countries where there are large south Asian
communities, such as USA, Canada UK and other EU
countries.
22
Potential GI Products












Basmati Rice
Kashmiri/ Punjabi Phulkari
Sindhri and Chaunsa Mango
Sargodha Kinno
Peshawari Chappal
Multani Sohan Halwa
Kohat Guava
Sharakpur Guava
Hyderabad Bangles
Blue Pottery (Multan)
Chiniot Woodwork
Balochi Sajji etc (List of Potential GIs) (Pending GI
applications)
List needs to be finalized after extensive discussion with
producers, traders and policy makers.
23
Basmati Rice
KASHMIRI PHULKARI
Chaunsa Mangoes
24
SARGODHA KINNO
PESHAWARI CHAPPAL
MULTANI SOHAN
HALWA
25
HYDERABADI BANGLES
26
27
List of Potential GIs
















Gunranwala colored pottery
Gunranwala Metal engravings
Hala colored woodwork
Hala ki Ajrak
Harnoli Peanut
Hunza Apples
Hunza Apricot
Hunza Peach
Hunza Plum
Hunza Rubbi
Hunza Walnet
Hyderabad Rabri (Sweets)
Hyderabald Bangles
Kamalia Khadar
Kashmir Pashmina
Kashmir Turmiline
















Namal Trout
Neeli Buffalo
Neeli Ravi Buffalo
Okara Potato
Patuki Floriculture
Perry Dot Valley Perry Dot stone
Peshawar Chapli Kabab
Peshawari Chapal
Peshawari Qahwah
Phulkari
Potohar stone work
Qasuri Methi
Qasuri Haldi
Quetta Onion
Quetta Red Pomegranates
Rajar Sweets (Gur)
28
List of Potential GIs




















Khanpur Khoa (Sweet)
Khattak Dance
Khushab Dhodha (Sweets)
Khyber Guns
Kilash dress
Kohat Shawl
Kohati Chappal
Kundri Red Chilli
Larkana Guava
Makran Dates
Mansehra Tea
Mardan Paray (sweets
Multan Blue Pottery
Multan Chounsa (Mango)
Multan Kamel Skin art
Multan Mango
Multani Clay Art
Multani Khussa
Multani Sohn Halwa
Mutan woven cotton (Bed sheets)



















Sahiwal Cattle
Sakkardu Aqua Marine
Sakkardu Topaz
Sakkhar Dates
Sargodha Kinnow
Sharaqpur Guava
Shikarpur Pickles
Sialkot Sports Goods
Sialkot Surgical Goods
Silanwali Craft Work
Sindh Coastal Papaya
Sindhi Ajrak
Sindhi Topi (Cap)
Sindhri Mango
Sundarkhawni Grapes
Swat emerald
Wazirabad cutlery work
Wazirabad metal work
Ziarat Apples
29
GI applications filed at the TMR karachi






BASMATI RICE (Decision Pending at the High Court)
MULTANI MANGO filed by Multan Mango Growers
Association in year 2009
SHARAKPUR GUAVA filed by Guava Growers
Association in year 2009
NEELI RAVI BUFFALO AND NEELI BUFFALO filed
by Live Stock Farmers and Breeders Association Lahore
in year 2010
DHANI CATTLE AND CHOLISTANI CATTLE filed
by Live Stock Farmers and Breeders Association Lahore
in year 2010
PHULKARI filed by Heritage Association in year 2010
30