Geographical indications (GIs) protection in Pakistan: assessing the role of new legislation in sustainable development

ABSTRACT

This study examines the potential of Pakistani Geographical Indication (GI) products and compares the old and new legal frameworks for GI protection. It also explores GI Laws in Asian countries and compares them with Pakistan’s newly enacted GI Law i.e. Geographical Indications (Registration and Protection) Act, 2020 (GIRPA’20). Additionally, this article explores challenges after Pakistan’s recent enactment of sui generis GI legislation. Based on an extensive review of the GI literature and policy documents, this qualitative study utilises secondary data to identify numerous potential GIs in Pakistan, collectively representing significant economic value. This study finds that inadequacies in the previous legal system, institutional weaknesses, and delays in enacting sui generis GI legislation caused considerable damage to Pakistani economy, including the usurpation of GIs, market losses, and declining exports among others. The new legislation addresses previous lacunas, providing greater protection to GIs and significantly contributing to Pakistan’s sustainable development. However, comparing Pakistan’s GI law with those of India, Malaysia, China, Indonesia, and Thailand reveals similarities and differences in terms of the registration process, scope of protection, legal framework, protection of traditional knowledge, and enforcement mechanisms. This study also discusses important post-GI legislation issues and proposes unique solutions for Pakistan’s sustainable development.

KEYWORDS:

• Sustainable development
• Geographical Indications (GIs)
• Pakistan
• GIRPA’20
• post GI challenges

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1 Sialkot is very famous for producing quality sports products. Particularly, footballs made in Pakistan were used in FIFA World Cup 2018 (Tribune, 2020) and FIFA World Cup 2022.

2 Section 3(1) of Schedule 1, Trade Marks Ordinance 2001.

3 Draft of amendments in the Patents Ordinance, 2000, is available at https://ipo.gov.pk/system/files/20231117-Draft%20Amendments%20in%20Patents%20Ordinance%202000.pdf (Accessed on 3 May 2024).

4 Draft of additional Chapter on PCT in the Patents Ordinance, 2000 is available at https://ipo.gov.pk/system/files/20231117-Draft%20of%20Additional%20Chapter%20on%20PCT%20in%20Patents%20Ordinance%202000.pdf (Accessed on 3 May 2024).

5 Draft of Copyright (Amendment) Bill, 2023 is available at https://ipo.gov.pk/system/files/Draft%20Copyright%20%28Amendment%29%20Bill%202023.pdf (Accessed on 3 May 2024).

6 Geneva ACT of the Lisbon Agreement on Appellations of Origin and Geographical Indications is available at https://ipo.gov.pk/system/files/LisbonAgreement2015.pdf.

7 For more detailed information about other cases at international level, see https://euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/observatory/documents/reports/New_Case_Law_en.pdf.

8 See text of judgement https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:62020CJ0159.

9 ‘GI identifies a good as originating from a particular place; by contrast, a trademark identifies a good or service as originating from a particular company’ (WIPO, 2020a).

10 It is a French word that is associated with the essential link between the location in which a product is produced and its quality or other consumer attributes (Josling, 2006).

11 Section 34(1)&(2) Trade Mark Ordinance 2001.

12 It is a very famous food product of Pakistan which is made up of several dry, spicy ingredients, including chickpeas, chickpea flour noodles, curry leaves, fried lentils, corn, peanuts, vegetables, etc. (Ali, 2014).

13 Section 11(1) of GIRPA’20.

14 Earlier, under the Trade Marks Ordinance, 2001, the Government neither owned any GIs nor could directly protect them. This hindered the Government from playing a direct role in protecting valuable GIs. However, under the Geographical Indications (Registration and Protection) Act 2020 (GIRPA’20), the Government is now the exclusive owner of GIs. This means that the government can play a direct role in protecting GIs because it is authorized to do so under the new legislation. Complete government ownership can ensure uniform protection and enforcement of GIs across regions and industries. It can also prevent misuse and unauthorized use of GIs, providing a strong legal framework for protection. Similarly, in India, GIs are owned and registered by public institutions under the Geographical Indications of Goods (Registration and Protection) Act 1999. Pakistan has already experienced issues with GI registration under the Trade Marks Ordinance, 2001.

15 ‘registrant’ means any statutory body, public body, local or provincial administration, government enterprise or any government organization which is a juristic person having an area of responsibility covering the geographical indication of the goods as referred to in this Act having obtained registration and entered in the register as proprietor of a geographical indication (Section 2(1)(xxviii) of the GIRPA’20).

16 ‘authorized user’ means authorized user of a geographical indication registered under this Act (Section 2(1)(ii) of the GIRPA’20).

17 Section 25(1) of the GIRPA’20.

18 Section 25(2) and (3) of GIRPA’20.

19 Section 26 of GIRPA’20.

20 Section 41 of GIRPA’20.

21 Section 43(1) of GIRPA’20.

22 The Trademarks Ordinance 2001 does not define the term ‘generic name or indication.’

23 Section 8(v) of GIRPA’20.

24 Section 12(2) and (3) of GIRPA’20.

25 ‘“Book of specifications” means a document elaborated by the applicant, specifying the geographical area of goods, production standards or product specifications, and qualification process for Geographical Indication goods’ (Section 2(1)(iii) of GIRPA’20).

26 The main function of the certification body will be to guarantee, inspect, test and monitor the quality, reputation or other characteristics of products seeking registration of GIs in a prescribed manner (see Section 13 of GIRPA’20).

27 Section 14 of GIRPA’20

The Registrar may, if so required, be assisted in technical aspects in various fields such as geology or meteorology involved in any case by any expert who has experience and expertise in the matter in order to consider or make a decision or ascertain the correctness of the particulars furnished in the application.

28 Section 17 of GIRPA’20.

29 Section 17(1) of GIRPA’20.

30 Section 20(1) of GIRPA’20.

31 Section 23 of GIRPA’20.

32 Section 23(3) of GIRPA’20.

33 Basmati Rice (premium fine-quality aromatic rice) is also extensively produced in Pakistan and is one of the potential Pakistani GIs.

Additional information

Funding

This research was supported by research fund from Universiti Malaysia Pahang Al- Sultan Abdullah Fundamental Research Grant (RDU223401).

Notes on contributors

Mohsin Shafi

Mohsin Shafi is currently working as a Postdoctoral Research Fellow at Faculty of Industrial Management, Universiti Malaysia Pahang Al-Sultan Abdullah, Gambang, Malaysia. He completed his PhD in Management from Sichuan University, Chengdu, China. His primary research focus is on cultural creative management, with particular emphasis on areas such as the management of handicraft SMEs, inter-firm cooperation, innovation management, geographical indications, sustainable development, and the preservation of cultural heritage.

Muhammad Ashraf Fauzi

Muhammad Ashraf Fauzi is an Associate Professor at the Faculty of Industrial Management, University Malaysia Pahang. He completed his PhD in the faculty of Management, Multimedia University. He received his bachelor degree in Manufacturing Engineering from International Islamic University Malaysia. He later received a master degree in Manufacturing System Engineering from University Putra Malaysia. His research interests include knowledge management, tourism & hospitality, quality management, project management and sustainable energy.

Zoya

Zoya is working as a PhD Research Scholar at School of Management, Shenzhen University, Shenzhen, China. Her research interests include management of handicraft SMEs, innovation and digitalization management, and geographical indications.

Mohd Hanafiah Ahmad

Mohd Hanafiah Ahmad's research focuses on the interaction between social and technical aspects in Human Resource Management and Development, Socio-Economics, Organizational Behavior, and Strategic Planning. He teaches management-related courses such as Managerial Economics, Organizational Behavior, and Strategic Management at both undergraduate and graduate levels.

Xiaoting Song

Xiaoting Song received the PhD degree from Sichuan University, Chengdu, China. She is currently a Lecturer with the Business and Tourism School, Sichuan Agricultural University. Her research interests include the protection and inheritance of intangible cultural heritage, promotion of cultural products, and entrepreneurial mentoring.