logging in or signing up geographical indications tabrezahmad Download Post to : URL : Related Presentations : Share Add to Flag Embed Email Send to Blogs and Networks Add to Channel Uploaded from authorPOINT lite Insert YouTube videos in PowerPont slides with aS Desktop Copy embed code: (To copy code, click on the text box) Embed: URL: Thumbnail: WordPress Embed Customize Embed The presentation is successfully added In Your Favorites. Views: 896 Category: Business & Fin.. License: All Rights Reserved Like it (3) Dislike it (0) Added: September 18, 2010 This Presentation is Public Favorites: 0 Presentation Description Dr. Tabrez Ahmad, Lectures delivered in Geographical Indications Comments Posting comment... Premium member Presentation Transcript Slide 1: Paithani weaving Banarsi Sarhi GEOGRAPHICAL INDICATIONS By Dr. Tabrez Ahmad Associate Professor of Law Saturday, September 18, 2010 Dr. Tabrez Ahmad, Blog: http://iplexindia.blogspot.com, www 1 Agenda : Agenda What is GI? IP GATT, WTO TRIPS Certification Trademarks and GI Collective Marks and GI TRIPS and GI Protection of GI Case Study Saturday, September 18, 2010 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com 2 Why include IP in GATT? : Why include IP in GATT? Reasons for Including IP on the GATT Agenda: 1. Growth in world trading. 2. Increased importance of global IP protection. 3. Existing provisions of international law were perceived insufficient. 4. Absence of enforcement of rights before national judicial authorities. 5. Lack of a dispute settlement mechanism between States. 6. Standards were outdated. Saturday, September 18, 2010 3 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) : The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) The most detailed and comprehensive multilateral agreement on intellectual property yet negotiated. Slide 5: TRIPS introduced intellectual property rules into the multilateral trading system for the first time. Membership in WTO requires a country to agree to adopt the minimum standards for intellectual property regulation. IP laws are established and enforced by each individual Member Country. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) Saturday, September 18, 2010 5 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com Slide 6: How basic principles of the trading system and other international intellectual property agreements should be applied? How to give adequate IP protection? How to enforce IP rights? How to settle disputes on IP between members of the WTO? Special transitional arrangement. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) Saturday, September 18, 2010 6 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com TRIPS Art. 41-61: Enforcement : TRIPS Art. 41-61: Enforcement Part III Enforcement of Intellectual Property Rights General Obligations Civil and Administrative Procedures and Remedies Provisional Measures Special Requirements Related to Border Measures Criminal Procedures TRIPs Art. 41: General Principles : TRIPs Art. 41: General Principles “Members shall ensure that enforcement procedures … are available under the law to permit effective action against infringement of intellectual property rights…” “expeditious remedies” “constitute a deterrent” Saturday, September 18, 2010 8 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com TRIPs Plus: Improving TRIPs Standards : TRIPs Plus: Improving TRIPs Standards Pre-established damages available at election of rightholder. Seizure of documentary evidence related to infringement. Goods found to be infringing and the materials and implements used to create them shall be destroyed. Saturday, September 18, 2010 9 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com TRIPs Plus: Improving TRIPs Standards : TRIPs Plus: Improving TRIPs Standards Require infringer to provide information regarding others involved in infringement, means of production and channels of distribution. Enforcement procedures for technical protection measures and rights management information. “Ex officio” authority for criminal and border measures. Saturday, September 18, 2010 10 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com TRIPs Plus: Improving TRIPs Standards : TRIPs Plus: Improving TRIPs Standards Criminal procedures even where no motive of financial gain. Seizure and forfeiture of goods, assets, means to produce and evidence. Criminal procedures for trafficking in counterfeit labels. Internet Service Provider liability. Saturday, September 18, 2010 11 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com Slide 12: Names & Places as Marks Additional Cases: Kraft Gen. Foods, Inc. v. BC-USA, Inc. The Scottish Whiskey Association v. United States Distilled Products To Review The Case, Click Here To Review The Case, Click Here Saturday, September 18, 2010 12 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com Slide 13: Geographic Marks The surname McAdams, as used in McAdams’ Whiskey (distilled in Canada) sufficiently connotes Scottish origin to be deceptive to consumers Holding: A term that is not a geographic description in and of itself can still be deemed geographically deceptive The Scottish Whiskey Association v. United States Distilled Products, 952 F.2d 1317 (Fed. Cir. 1991) Saturday, September 18, 2010 13 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com Slide 14: Geographic Marks Kraft Gen. Foods, Inc. v. BC-USA Inc., 840 F. Supp. 344 (E.D.Pa. 1993) Geographic restrictions may be overridden by secondary meaning. Holding: Court prohibited company from calling its cream cheese “Pennsylvania” as it would confuse the public with Philadelphia Cream Cheese, which had established a valid trademark through secondary meaning. Saturday, September 18, 2010 14 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com Geographical Indications as Certification Marks : Geographical Indications as Certification Marks Geographical indications can be protected through a trademark system: As collective marks. or; As certification marks Saturday, September 18, 2010 15 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com Geographical Indications and Collective Marks : Geographical Indications and Collective Marks Sections 61-68 of Trade Marks Act 1999. Indicate membership in a group or organization. Can also identify group members. Proprietors of collective marks can exclude or allow people from using the mark. Saturday, September 18, 2010 16 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com Geographical Indications and Certification Marks : Geographical Indications and Certification Marks Sections 69-78 of Trade Marks Act 1999 GIs are a subset of trademarks because they are source-identifiers, guarantees of quality, and business interests. Saturday, September 18, 2010 17 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com Certification Marks : Certification Marks A certification mark is a type of trademark which indicates to consumers: geographic origin of a product; materials used, quality, method of manufacture, and accuracy; or products made under the auspices of, or by members of, a specific trade union or organization. Saturday, September 18, 2010 18 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com What is GI? : What is GI? Many goods possess their peculiar properties due to their geographical origin. GI is the best method to indicate the geographical origin of goods and services. Many agricultural products (tea, rice); dairy products (cheese), wines and spirits (Champagne) owe their special quality and reputation to their geographical place of growth or processing. Saturday, September 18, 2010 Dr. Tabrez Ahmad, Blog: http://iplexindia.blogspot.com, www 19 TRIPs Art. 22: Geographical Indications : TRIPs Art. 22: Geographical Indications “[I]ndications which identify a good as originating in the territory of a Member, 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.” Examples: Idaho potatoes, Napa Valley wine, Washington State apples, Darjeeling Tea, Haldi, Neem, Basmati Rice, Kolhapuri Hawai Chappal etc. Saturday, September 18, 2010 20 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com Protection of GI : Protection of GI GI is not owned by a single owner Any producer in the region can use the GI on the product provided it is prepared by the norms set out for the use of that GI. GI is registered in the national register and is similar to the certification mark identifying the origin of the good. Govt. can register GI in the international register maintained by WIPO for world wide protection. It is an offence to use false GI on goods. Saturday, September 18, 2010 Dr. Tabrez Ahmad, Blog: http://iplexindia.blogspot.com, www 21 Protection of GI Conti… : U.S., Australia, Canada and others: Private rights to be enforced by right holder. Subject to priority rules (a later-in-time GI cannot trump an earlier established trademark). European view: Monitored and enforced by the government. Trump pre-existing trademarks containing the terms. (would repatriate generic terms). Protection of GI Conti… Saturday, September 18, 2010 22 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com “COLOMBIAN” : “COLOMBIAN” U.S. Registration No. 1,160,492 (registered July 7, 1981) For “coffee” “The mark certifies that the coffee was grown in the Republic of Colombia and that such coffee has been subjected to standards inspection authorized by applicant and … passing recognized current minimum quality standards required for such export as set and enforced by said Federation….” Registrant: Republic of Colombia “DARJEELING” : “DARJEELING” U.S. Registration No. 2,685,923 For “Tea” “The certification mark, as used by authorized persons, certifies that the tea contains at least one hundred percent (100%) tea originating in the Darjeeling region of India and that the blend meets other specifications established by the certifier.” Registrant: Tea Board of India Saturday, September 18, 2010 24 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com “Egyptian Cotton” : “Egyptian Cotton” Application Serial No. 76-229673 For (a variety of products made wholly or substantially of Egyptian cotton) “The certification mark, intended to be used by authorized persons, is intended to certify that the products identified above contain 100% Egyptian Barbadense cotton.” Applicants: Alexandria Cotton Exporters Association and the Egyptian Ministry of Economy and Foreign Trade “Parmigiano Reggiano” : “Parmigiano Reggiano” U.S. Trademark Registration Nos. 1,754,410; 1,892,496; 1,896,683; 2,320,595 For “Cheese” “The certification mark, as used by person authorized by the certifier, certifies that the goods originate in the Parma-Reggio region of Italy, specifically the zone comprising the territory of the provinces of Parma, Reggio Emilia, Modena and Mantua on the right bank of the river Po and Bolgona on the left Bank of the river Reno.” Do you have any question? : Do you have any question? Saturday, September 18, 2010 27 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com Slide 28: Saturday, September 18, 2010 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com 28 Thanks You do not have the permission to view this presentation. In order to view it, please contact the author of the presentation.
geographical indications tabrezahmad Download Post to : URL : Related Presentations : Share Add to Flag Embed Email Send to Blogs and Networks Add to Channel Uploaded from authorPOINT lite Insert YouTube videos in PowerPont slides with aS Desktop Copy embed code: (To copy code, click on the text box) Embed: URL: Thumbnail: WordPress Embed Customize Embed The presentation is successfully added In Your Favorites. Views: 896 Category: Business & Fin.. License: All Rights Reserved Like it (3) Dislike it (0) Added: September 18, 2010 This Presentation is Public Favorites: 0 Presentation Description Dr. Tabrez Ahmad, Lectures delivered in Geographical Indications Comments Posting comment... Premium member Presentation Transcript Slide 1: Paithani weaving Banarsi Sarhi GEOGRAPHICAL INDICATIONS By Dr. Tabrez Ahmad Associate Professor of Law Saturday, September 18, 2010 Dr. Tabrez Ahmad, Blog: http://iplexindia.blogspot.com, www 1 Agenda : Agenda What is GI? IP GATT, WTO TRIPS Certification Trademarks and GI Collective Marks and GI TRIPS and GI Protection of GI Case Study Saturday, September 18, 2010 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com 2 Why include IP in GATT? : Why include IP in GATT? Reasons for Including IP on the GATT Agenda: 1. Growth in world trading. 2. Increased importance of global IP protection. 3. Existing provisions of international law were perceived insufficient. 4. Absence of enforcement of rights before national judicial authorities. 5. Lack of a dispute settlement mechanism between States. 6. Standards were outdated. Saturday, September 18, 2010 3 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) : The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) The most detailed and comprehensive multilateral agreement on intellectual property yet negotiated. Slide 5: TRIPS introduced intellectual property rules into the multilateral trading system for the first time. Membership in WTO requires a country to agree to adopt the minimum standards for intellectual property regulation. IP laws are established and enforced by each individual Member Country. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) Saturday, September 18, 2010 5 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com Slide 6: How basic principles of the trading system and other international intellectual property agreements should be applied? How to give adequate IP protection? How to enforce IP rights? How to settle disputes on IP between members of the WTO? Special transitional arrangement. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) Saturday, September 18, 2010 6 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com TRIPS Art. 41-61: Enforcement : TRIPS Art. 41-61: Enforcement Part III Enforcement of Intellectual Property Rights General Obligations Civil and Administrative Procedures and Remedies Provisional Measures Special Requirements Related to Border Measures Criminal Procedures TRIPs Art. 41: General Principles : TRIPs Art. 41: General Principles “Members shall ensure that enforcement procedures … are available under the law to permit effective action against infringement of intellectual property rights…” “expeditious remedies” “constitute a deterrent” Saturday, September 18, 2010 8 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com TRIPs Plus: Improving TRIPs Standards : TRIPs Plus: Improving TRIPs Standards Pre-established damages available at election of rightholder. Seizure of documentary evidence related to infringement. Goods found to be infringing and the materials and implements used to create them shall be destroyed. Saturday, September 18, 2010 9 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com TRIPs Plus: Improving TRIPs Standards : TRIPs Plus: Improving TRIPs Standards Require infringer to provide information regarding others involved in infringement, means of production and channels of distribution. Enforcement procedures for technical protection measures and rights management information. “Ex officio” authority for criminal and border measures. Saturday, September 18, 2010 10 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com TRIPs Plus: Improving TRIPs Standards : TRIPs Plus: Improving TRIPs Standards Criminal procedures even where no motive of financial gain. Seizure and forfeiture of goods, assets, means to produce and evidence. Criminal procedures for trafficking in counterfeit labels. Internet Service Provider liability. Saturday, September 18, 2010 11 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com Slide 12: Names & Places as Marks Additional Cases: Kraft Gen. Foods, Inc. v. BC-USA, Inc. The Scottish Whiskey Association v. United States Distilled Products To Review The Case, Click Here To Review The Case, Click Here Saturday, September 18, 2010 12 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com Slide 13: Geographic Marks The surname McAdams, as used in McAdams’ Whiskey (distilled in Canada) sufficiently connotes Scottish origin to be deceptive to consumers Holding: A term that is not a geographic description in and of itself can still be deemed geographically deceptive The Scottish Whiskey Association v. United States Distilled Products, 952 F.2d 1317 (Fed. Cir. 1991) Saturday, September 18, 2010 13 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com Slide 14: Geographic Marks Kraft Gen. Foods, Inc. v. BC-USA Inc., 840 F. Supp. 344 (E.D.Pa. 1993) Geographic restrictions may be overridden by secondary meaning. Holding: Court prohibited company from calling its cream cheese “Pennsylvania” as it would confuse the public with Philadelphia Cream Cheese, which had established a valid trademark through secondary meaning. Saturday, September 18, 2010 14 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com Geographical Indications as Certification Marks : Geographical Indications as Certification Marks Geographical indications can be protected through a trademark system: As collective marks. or; As certification marks Saturday, September 18, 2010 15 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com Geographical Indications and Collective Marks : Geographical Indications and Collective Marks Sections 61-68 of Trade Marks Act 1999. Indicate membership in a group or organization. Can also identify group members. Proprietors of collective marks can exclude or allow people from using the mark. Saturday, September 18, 2010 16 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com Geographical Indications and Certification Marks : Geographical Indications and Certification Marks Sections 69-78 of Trade Marks Act 1999 GIs are a subset of trademarks because they are source-identifiers, guarantees of quality, and business interests. Saturday, September 18, 2010 17 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com Certification Marks : Certification Marks A certification mark is a type of trademark which indicates to consumers: geographic origin of a product; materials used, quality, method of manufacture, and accuracy; or products made under the auspices of, or by members of, a specific trade union or organization. Saturday, September 18, 2010 18 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com What is GI? : What is GI? Many goods possess their peculiar properties due to their geographical origin. GI is the best method to indicate the geographical origin of goods and services. Many agricultural products (tea, rice); dairy products (cheese), wines and spirits (Champagne) owe their special quality and reputation to their geographical place of growth or processing. Saturday, September 18, 2010 Dr. Tabrez Ahmad, Blog: http://iplexindia.blogspot.com, www 19 TRIPs Art. 22: Geographical Indications : TRIPs Art. 22: Geographical Indications “[I]ndications which identify a good as originating in the territory of a Member, 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.” Examples: Idaho potatoes, Napa Valley wine, Washington State apples, Darjeeling Tea, Haldi, Neem, Basmati Rice, Kolhapuri Hawai Chappal etc. Saturday, September 18, 2010 20 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com Protection of GI : Protection of GI GI is not owned by a single owner Any producer in the region can use the GI on the product provided it is prepared by the norms set out for the use of that GI. GI is registered in the national register and is similar to the certification mark identifying the origin of the good. Govt. can register GI in the international register maintained by WIPO for world wide protection. It is an offence to use false GI on goods. Saturday, September 18, 2010 Dr. Tabrez Ahmad, Blog: http://iplexindia.blogspot.com, www 21 Protection of GI Conti… : U.S., Australia, Canada and others: Private rights to be enforced by right holder. Subject to priority rules (a later-in-time GI cannot trump an earlier established trademark). European view: Monitored and enforced by the government. Trump pre-existing trademarks containing the terms. (would repatriate generic terms). Protection of GI Conti… Saturday, September 18, 2010 22 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com “COLOMBIAN” : “COLOMBIAN” U.S. Registration No. 1,160,492 (registered July 7, 1981) For “coffee” “The mark certifies that the coffee was grown in the Republic of Colombia and that such coffee has been subjected to standards inspection authorized by applicant and … passing recognized current minimum quality standards required for such export as set and enforced by said Federation….” Registrant: Republic of Colombia “DARJEELING” : “DARJEELING” U.S. Registration No. 2,685,923 For “Tea” “The certification mark, as used by authorized persons, certifies that the tea contains at least one hundred percent (100%) tea originating in the Darjeeling region of India and that the blend meets other specifications established by the certifier.” Registrant: Tea Board of India Saturday, September 18, 2010 24 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com “Egyptian Cotton” : “Egyptian Cotton” Application Serial No. 76-229673 For (a variety of products made wholly or substantially of Egyptian cotton) “The certification mark, intended to be used by authorized persons, is intended to certify that the products identified above contain 100% Egyptian Barbadense cotton.” Applicants: Alexandria Cotton Exporters Association and the Egyptian Ministry of Economy and Foreign Trade “Parmigiano Reggiano” : “Parmigiano Reggiano” U.S. Trademark Registration Nos. 1,754,410; 1,892,496; 1,896,683; 2,320,595 For “Cheese” “The certification mark, as used by person authorized by the certifier, certifies that the goods originate in the Parma-Reggio region of Italy, specifically the zone comprising the territory of the provinces of Parma, Reggio Emilia, Modena and Mantua on the right bank of the river Po and Bolgona on the left Bank of the river Reno.” Do you have any question? : Do you have any question? Saturday, September 18, 2010 27 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com Slide 28: Saturday, September 18, 2010 Dr. Tabrez Ahmad Blog: http://iplexindia.blogspot.com 28 Thanks