WIPO International Symposium on IP and Sustainable Development Documentation and Registration of TK and TCEs
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1 WIPO International Symposium on IP and Sustainable Development Documentation and Registration of TK and TCEs Panel Discussion Special Protection for Traditional Knowledge and Traditional Cultural Expressions: Role of Formalities. Muhammad Ismail Deputy Director June 26, 2011 Muscat, Oman 1
2 Outlines Basic Description of Intellectual Property Management in Historical Background, glimpses of TK and TCEs of Role of Formalities as legal element for special protection of TK and TCEs Legal Protection of TK and TCEs in 2
3 Basic Description of Country Name: Islamic Republic of Capital: Islamabad Independence: August 14, 1947 Government type: Federal Government Area: 803,940 sq km Land boundaries: China, Iran, India and Afghanistan 3
4 Map of 4
5 Mainstreaming IP Management established in 2005 as a specialized organization for integrated IP management The organization placed under direct supervision of the Prime Minister of A high level Policy Board constituted for policy management and guidelines Private-Public Partnership introduced in the governance structure of Liberal funding provided by the Government to operate the new organization on modern and competitive lines 5 5
6 Legal Framework (Old and New) OLD NEW THE INTELLECTUAL PROPERTY ORGANISATION OF PAKISTAN ORDINANCE, 2005 (renewed, 2010) PATENTS AND DESIGNS ACT, 1911 PATENT ORDINANCE 2000 (AMENDED IN 2002 & 2006) TRADE MARKS ACT, 1940 TRADE MARKS ORDINANCE 2001 COPYRIGHT ORDINANCE 1962 COPYRIGHT ORDINANCE 1962, (AMENDED IN 2000) THE REGISTERED DESIGNS ORDINANCE, 2000 THE REGISTERED LAYOUT-DESIGNS OF INTEGRATED CIRCUITS ORDINANCE, 2000 PLANT BREEDERS RIGHTS BILL (Under approval) STAND-ALONE GEOGRAPHICAL INDICATION LAW (Under submission) GRTKF Legislation (Drafting stage) 6
7 Integrated IP Management Trade Trade Marks Marks Patents Industrial Designs Copyrights Geographical Indications PBR Layout Designs GRTKF GRTKF 7 7
8 Ancient Civilizations having effect on TK and TCEs of Soanian People Mehrgarh Culture Indus Valley Civilization Vedic Civilization Indo-Greek Kingdom Gandhara Civilization ~500,000 years ago BC BC BC 250BC-11AD 200BC 1000AD 8
9 Glimpses of Ancient Civilizations Mohanjodaro Harapa 9
10 Glimpses of Existing TKs and TCEs 10
11 Glimpses of Existing TKs and TCEs 11
12 Legal Elements for Protection of TK and TCEs Subject matter of protection Criteria for Protection Beneficiaries Scope of Protection Exceptions and Limitations Management of Rights Term of Protection Formalities Enforcement Legal Proceedings Dispute Resolution Relationship with IP Protection Relationship with ABS regime International and Regional Protection 12
13 Role of Formalities How protection is acquired? How it is maintained? 13
14 How Protection is Acquired? Automatic Protection (without formalities) Registration or Notification System A hybrid of Automatic protection and Registration 14
15 How Protection is maintained? Establishment of Database Maintenance of Register for acquisition of Rights Multiple Registers 15
16 Legal Protection of TK and TCEs in Patent Ordinance, 2000:- Sec8. Novelty.- (1) An invention shall be considered to be new if it does not form part of the state of the art. (2) The state of the art shall comprise-(c) traditionally developed or existing knowledge available or in possession of a local or indigenous community. GRTKF Database is being developed Draft PBR Law:- Legislation at draft stage Chapter VI Section 32 (6) The amount of benefit sharing to a variety determined under this section shall be deposited by the breeder of such variety in the manner prescribed. The amount of benefit sharing determined under this section shall, on a reference made by the Registrar in the prescribed manner, be recoverable as an arrear of land revenue by the High Court within whose local limits of jurisdiction the breeder liable for such benefit sharing resides. 16
17 THANKS FOR YOUR KIND ATTENTION
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