IPR

INTELLECTUAL PROPERTY RIGHTS

INDUSTRIAL RIGHTS COPYRIGHTS & RELATED RIGHTS

PATENTSDESIGNSTRADEMARKSGEOGRAPHICAL INDICATIONSINTEGRATED CIRCUIT

Trade Related Intellectual Property Rights (TRIPS) came into force in January 1995

What Geographical Indication Is?

• Includes agricultural goods, natural or manufacture goods but services is yet to be included

• An Indication originates from definite geographical region.

• Special quality/reputation/other characteristics associated with that geographical area.

Registered Products of T & C

Pochampally Ikat Mysore Silk Saree

Solapur Jacquard Bed Sheets Kancheevaram Silk Saree

Agricultural Goods

Coorg Orange Nanjangud Banana

Darjeeling Tea Kangra Tea

Manufactured Goods

Channapattana Toys Rosewood Inlay of Mysore

Aranmula Kannadi(Metal Mirror)

Mysore Sandal Soap

Why GI registration?• Interlinkages between poverty &

traditional knowledge.• It can be an instrument for poverty

elimination.• Confers legal protection & safeguards

against unauthorised use• Reduces or eliminates unfair

competition• Conserves the traditional knowledge

Textile Craft11%

Others22%

Handicraft17%

Textile24%

Agriculture26%

Status of GI Registration in India

•Number of Applications Filed – 242•Number of Products Registered – 160

Registered crafts of Gujarat

Kutch Embroidery

Bandhani

Surat Zari

Sankheda furniture

Agate Stones

Kutch Shawl

Registered by DC (Handicrafts)

Kutch Embroidery Agate Stones

Sankheda Furniture

Facilitated by Textiles Committee

Bandhani Surat Zari

Why these Crafts Important?• Provides livelihood for 4.50 lakhs artisans• Socio-Cultural heritage of the state• Originated from Gujarat & bears generational

legacy• Unique crafts in terms of

-Human skill-Production process- Unique motifs for some products & raw materials for others- Some other characteristics originated due to geo- climatic

conditions

• Globalisation has threatened these crafts due to infringements by dishonest business practices

What can be achieved?

• Convert the IPR protection into tangiblebenefits.

• Help to realise premium price & hence moreincome.

• Secure niche market.• Promote the brand value (domestic and

international market)

• Protect the products & livelihood of artisans

Does registration brings tangible benefits?

Effects of GI Protection

• Increase in prices: 10€ (1994) 20€(2004)• Increase in number of producers(30 to58)• Increase in number of Plants(195.000 to 530.000)• Increase in surface(8 to 28 ha)• Effect on tourism: 600.000 visitors per year(600 inhab.),

Piment d'Espelette

INTERNATIONAL SCENARIO

Effects of GI Protection

• National (Study on Pochampally)

– Income of the weavers increased from Rs 2200 to Rs 3000 (36%)

– Production growth by 5%

– Price increased by 13%

– Development of new designs and product diversification

– Popular place of study for researchers

NATIONAL SCENARIO

Post GI Initiatives

• Inclusion of artisans in Part – B of the GIRegistry as authorised users

• The authorised users could be– Associations/ Co- operative Societies– NGOs working for the development of crafts– Traders/Exporters– The weavers/artisans

STAGE – I

Possible Post-GI Interventions

• Post-GI initiatives can address twoimportant issues i.e.

– Market linkage and Brand promotion– Containment of infringement.

Main Themes of Intervention

Post GI Initiatives

Market Linkage and Brand Promotion

Containment of Infringement

Themes of Intervention

Consortium Formation

Registration of Consortium

Indian Societies ACt Indian Companies Act

Market Linkage and Brand Promotion

Development of Common Facility Centre

Community owned Companies

Identification of Market Easy access to

Quality Raw Material

Skill Development/

Design development

Exposure visit

Domestic

Market Intelligence Study

Assessment of the potential market

Development of Common Facility Centre

Linkage with FIsMarket Promotion

E Marketing through Website

Development of Product Catalogue

International

Themes of Intervention

Backward linkage Forward linkage

Training on Export Procedure

Training on Packaging & Finishing

Visual Merchandising

Linkage with FIs

Themes of Intervention

Development of logo

Forward linkage

Containment of infringement

Training on Procedure for Infringement Action

Formation of state level Committee & Sensitising

Government

Capacity Building Creation of Database

Identification of infringers

Collection of proof

Legal action

Containment of Infringement

Product with receipt mentioning the name,

Details of Manufacturer, etc

Containment of infringement

Preparation of legal document

Filing of suit in district court

Legal Action

No suit shall be instituted in any court inferior to district

court

If proved, imprisonment for 6 months to 3 years and penalty of Rs 50000 to

Rs 2 lakhs

Thank You