18 March 2018 Copyright 2007 Xellect IP

0ef65ba807776638b948349315952f49.ppt

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WORLD INTELLECTUAL PROPERTY ORGANIZATION WIPO TRAINING OF TRAINERS PROGRAM ON EFFECTIVE INTELLECTUAL PROPERTY ASSET MANAGEMENT BY SMALL AND MEDIUM-SIZED ENTERPRISES IN DUBAI Dubai, December 19 to 23, 2010 Collective Marketing: Adding Value With Geographical Indications, Certification Marks and Collective Marks Rachna Singh Puri Xellect IP Solutions www. xellectip. com ™ Copyright 2007 Xellect IP Solutions

T ®ademarks™ • Trademarks are distinctive signs, used to differentiate between identical or similar goods offered by different producers or service providers • Trademarks may be one or a combination of – – – – – words letters numerals drawings symbols three-dimensional signs audible signs fragrances colors • Trademark may be filed with the appropriate national or regional trademark office or through WIPO’s system of international registration of marks 18 March 2018 ™ Copyright 2007 Xellect IP Solutions 4

Servicemarks. SM • Servicemarks are distinctive signs, used to differentiate between identical or similar services offered by different producers or services providers Holiday Inn Crowne Plaza Priority Club Forum These are some of the service marks owned by Inter. Continental Hotels Group Inc. , its subsidiaries or affiliates in different geographic locations 18 March 2018 ™ Copyright 2007 Xellect IP Solutions 5

Establishing Individuality AND YET THERE IS: BOTH THE SHAPE AND THE NAME HAS BEEN TRADEMARKED!! Images obtained from various copyrighted sources, to which it is attributed. No liability or ownership of material is warranted by the use of these images Logos and names of products are trademarks and copyrights owned by the corresponding businesses and corporations 18 March 2018 ™ Copyright 2007 Xellect IP Solutions 6

IP and Marketing Trademarks • Collective marks • Certification marks • GIs Individual marketing Joint marketing ™ 7

Collective Marks • Collective Mark is a special type of trademark belonging to an association – Only the members of the association can use the Collective Mark • Collective Mark is used as an indication to the relevant public that goods or services originate from a member of a particular association – Therefore a sign of membership • Association of persons can be manufacturers, producers, suppliers, traders or other professional bodies 18 March 2018 ™ Copyright 2007 Xellect IP Solutions 8

Examples of Collective Marks • "CA" device used by the Institute of Chartered Accountants • "CPA” mark, used to indicate members of the Society of Certified Public Accountants 18 March 2018 ™ Copyright 2007 Xellect IP Solutions 9

Benefits for SMEs • Economies of scale (registration cost, advertising campaign, enforcement, etc. ) • Reputation acquired on the basis of common origin or other characteristics of the products made by different producers/traders • May facilitate cooperation amongst local producers/traders • Creation of collective mark hand in hand with development of certain standards and criteria (rules) and common strategy – collective marks can become powerful tool for local development – harmonization of products/services, enhancement of quality 18 March 2018 ™ Copyright 2007 Xellect IP Solutions 10

Certification Marks • A certification mark is any word, name, symbol, or device used by a party or parties other than the owner of the mark to certify some aspect of the third parties’ goods/services • An organization with National or International accreditation conducts testing/certification for a product/service owned by a third party for: - origin, - material, - mode of manufacture of goods, - performance of services, - quality, - accuracy or other characteristics 18 March 2018 ™ Copyright 2007 Xellect IP Solutions 11

Certification Marks Characteristics of a Certification Mark: ü Owner of the Certification Mark does not use it ü A Certification Mark does not indicate commercial source ü A Certification Mark does not distinguish the goods or services of one person from those of another person ü The purpose of the Certification Mark is to provide a guarantee to the relevant public that goods or services possess a particular characteristic ü Typically the certifying authority conducts a regular audit to ensure that the tested standard is maintained ü The products or services can be de-listed from the Certification Mark due to non-compliance finding of an audit 18 March 2018 ™ Copyright 2007 Xellect IP Solutions 12

Examples of Certification Marks Japanese Industrial Standards Asthma and Allergy Friendly ISI mark by Bureau of Indian Standard on quality of goods The WOOLMARK is an example of conveying to the public that the goods bearing WOOLMARK are made from 100% wool 18 March 2018 ™ Copyright 2007 Xellect IP Solutions 13

Benefits • For Consumers: – Guarantee for consumers of certain quality • For SMEs: – Benefit from the confidence that consumers place in users of certification mark – Strengthen reputation 18 March 2018 ™ Copyright 2007 Xellect IP Solutions 14

Examples of Marketing Strategies under Certification Marks • For example, certify that: Product is handmade Certain ecological requirements have been respected No children were employed in the production process Products have been produced in specific geographical region Products are made 100% of recyclable materials Products are made by indigenous group 18 March 2018 ™ Copyright 2007 Xellect IP Solutions 15

SILKMARK – An Example – Registered by Silkmark Organization of India – Quality assurance symbol denoting that the products on which it is applied are made from 100% natural silk as base material – Other ornamental work may be present • Silk Mark is a quality assurance label which is aimed at protection of the interests of the consumers, Traders and Manufacturers of pure Silk. • Silk Mark aims at the generic promotion of silk. • Silk Mark is aimed at building brand equity of Indian Silk. • Silk Mark aims at a cohesive campaign with all stakeholders in the Silk value chain to promote Silk http: //www. silkmarkindia. com/ Mark is a registered trademark in India 18 March 2018 ™ Copyright 2007 Xellect IP Solutions 16

CRAFTMARK – Another Example – Registered by the All India Artisans and Craftworkers Welfare Association (AIACA) – Logo symbolizes ‘threads’ from craft product. Also metaphor for the hands of the craft worker. – Certifies that product is genuine Indian handicraft or handloom 18 March 2018 ™ Copyright 2007 Xellect IP Solutions 17

CRAFTMARK Norms & Advantages Offered – Minimum standards + norms for labeling – Fee based on turnover of the applicant – Increases consumer awareness of distinct handicraft traditions - AIACA is working towards building the Craftmark into a strong brand - national advertising campaign in-store displays and posters direct mailing to consumers tying up with international craft support organizations to publicize the Craftmark in other countries Website: www. craftmark. org 18 March 2018 ™ Copyright 2007 Xellect IP Solutions 18

Conformance Marks Ø Most equipment and tools have conformance marks stamped, inscribed, molded, or printed on them to indicate that the tool or equipment in question meets the standards set by the body indicated by the mark or marks in question Ø Certification marks and conformance marks are interchangeable Ø Examples of such marks include the Underwriters Laboratories mark in the USA, and the CE mark in Europe 18 March 2018 ™ Copyright 2007 Xellect IP Solutions 19

Difference between Collective Marks & Certification Marks Distinguished by the User: Ø Collective Marks may be used by particular members of the organization which owns them Ø Certification Marks may be used by anybody who complies with the standards defined by the owner of the particular certification mark 18 March 2018 ™ Copyright 2007 Xellect IP Solutions 20

Geographical Indications • “Geographical indications” are defined at Article 22(1) of the World Trade Organization’s (WTO) 1995 Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) as“indications 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. ” 18 March 2018 ™ Copyright 2007 Xellect IP Solutions 21

Geographical Indications (GIs) ü GI is an indication or appellation of origin ü Typically used to identify agricultural, natural or manufactured goods originating in a particular area ü Must have a special quality or characteristic or reputation based upon the climatic or production characteristics unique to the geographical location Swiss Watches Basmati Rice 18 March 2018 ™ Copyright 2007 Xellect IP Solutions 22

Geographical Indications • GI identify goods but not a service • GI not restricted to geographical names but may include other signs – May be geographical significance and non political geographical areas • E. g. Pyramids of Egypt, the Rock of Gibraltar, or the Eiffel Tower • GI cannot be created but recognized • GI confirms the value of a product which already exists MANY COUNTRIES HAVE SEPARATE LEGISLATION ADDRESSING GIs 18 March 2018 ™ Copyright 2007 Xellect IP Solutions 23

Benefits for SMEs • GIs shift focus of production to quality increased production local job creation • Reward producers with higher income in return for efforts to improve quality • Provide consumers with high-quality products whose origin and mode of production is guaranteed ™ 25

Ownership & Enforcement • The State, through the local community, becomes the Proprietor • Vigilance on part of everyone to ensure no passing-off – Onus generally falls on the community involved • Part of GI Registration includes a list of proscribed actions against unauthorized users • Both local community & the State become involved against infringers 18 March 2018 ™ Copyright 2007 Xellect IP Solutions 26

Difference between Collective Marks and GIs Distinguished by “What” and “Who” • GI is an indication for origin and identity for a good used by registered proprietor and authorized users • Collective mark is a mark indicating a membership or identity for a member of the association 18 March 2018 ™ Copyright 2007 Xellect IP Solutions 27

Importance of Trademarks • Consumers are unable to assess the quality of products on the market • Trademarks refer to the reputation and to certain qualities of the products • Trust in the mark is the reason why consumers may be willing to pay more ™ 28

IP and Marketing Trademarks • Collective marks • Certification marks • GIs Individual marketing Joint marketing • Origin: enterprise • Individual reputation ™ • Origin • Common reputation, characteristics, qualities 29