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
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
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
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