Framework for Intellectual Property on Origin-Linked Products in Developing Countries

Framework for action For the development of intellectual property on Origin Linked products for business and community development in developing countries and least developed countries Peter Damary, based on work by Pascal Bernardoni REDD

Context The document is still a working document Wednesday multidisciplinary expert meeting to review the document : Getachew Mengistie, Mar a Gilma Arrocha, Fabrice Mattei, Audrey Aubard, Jacky Charbonneau , Boo-Young Eom, Pauline Tiffen, REDD : Training, consultancy and project management on voluntary standards in agriculture. This presentations intends to provide an overview of the revised document.

Developed by WIPO in the framework of the Development Agenda project on Intellectual Property and Product Branding for Business Development in Developing and Least Developed Countries.

Step by Step Roadmap A step by step guide for IP and Branding Introduction Scope product options Product inventory completed Opportunity Assessment and Selection Candidate products selected Stakeholders identified and roles and resp. defined Mobilize Stakeholders I M P L E M E N T A T I O N Brand and IP strategy Development Diagnose and Fix Build and Prepare for implementaiton IP strategy and process In place IP Branding strategy Capitalizing on IP REED WIPO FFA 2013-04-24 v2 Marketing/Branding Optimize value chain response Collective ownership Leveraging the value of IP Mobilize Financing

Introduction Context of the Framework for Action (WIPO experience over last 4 years) Objective and scope of the document : Providing guidance to supporters for the use of IP tools for Origin linked products --- collective/community asset (single product - not regional brands) Food and handicraft products To develop/capture Value for business and community development Definitions

Introduction Rational of IP and branding in the context of OLPs Formalise and protect an identity, allowing differentiation on the market and investment into collective communication that identity (branding), To create, and/or capture value creation of the producers, Improve returns for the community from existing asset.

Step by Step Roadmap

Scope product options Perspective of support agencies / national or local authorities Objective : Scope the products in view of selecting the most suitable on which to invest Inventories Clearly define the objective of the inventory Clearly define the scope of the inventory (geographic, sub- sectors, processed, non-processed etc.) Do not plan any inventory without concrete follow-up action

Scope product options Including questions on : - Community motivation / organisation ? - Supply chain structure ? - Importance of the product for the region / country ? - Specificity of the product / reputation / link to the territory ? - Market for product ? - Obviously specific questions linked to the objective defined ?

Opportunity Assessment and final Selection Assessment criteria must be fine-tune on the basis of overall objectives On depth study of: the Value chain, the market(s), the value and specificity of the product, the structure and motivation of the producers, the legal options As a basis for IP and branding strategy Are we sure that an OLP branding strategy is the best option for the producer communities?

Mobilize Stakeholders Collective initiatives on a collective asset Importance of producers/processors organisations (POs) and their role in Managing GIs Information management Structuring the organization Decision-making mechanisms The facilitation and mediation role of the supporters

Mobilize Stakeholders Importance of involvement IP and branding strategy is a matter of discipline, constraints, investments that producers have to assume. Strategies developed without the decision of fully informed and committed producers systematically fail Role of Producers Organisation (PO) POs as a legitimate interlocutors POs are jointly responsible for quality that meets the reputation Capacity building of POs must start from the start in structuring information flows and decision-making processes Mediation role of supporters

IMPLEMENTATION Brand and IP strategy Development IP strategy and process In place IP Branding strategy Capitalizing on IP Marketing/Branding Optimize value chain response Collective ownership Leveraging the value of IP Mobilize Financing

Choosing the right IP instrument IP as a tool for collective branding / collective Identity marker The reasons / motivations for IP protection (going from protecting cultural heritage to distant market penetration) External factors linked to the choice of IP tools The national legislative framework The target markets

Choosing the right IP instrument The choice of the right IP tool : Registering a Geographical term as a GI (sui-generis) or as a collective Mark Registering a non-collective term as a collective mark The pros and cons of different options Combining several IP instrument for an effective protection (GI and collective mark, or GI and trademarks)

Marketing / Branding OLP branding is based on the distinctive quality. The need to reflect the values of the community/product, but simple message The communication to the consumer is based on the product identity The target markets must be able to reward IP and Branding efforts with premium prices Branding on near-by markets or distant markets The need to speak to both the heart and the mind (different emphasis depending on target)

Marketing / branding Branding strategies options Co-existence of collective marks and individual trademarks Co-branding (OLP with other types of products) Linking OLPs with voluntary standards (Organic, FairTrade) Linking OLPs with tourism services Twinning (other OLPs or traditional products) Licensing (the Starbuck model) OLPs as flagship products of baskets of goods Some best practice examples

Optimize value chain response The importance of building the collective ownership organisation, to set-up and manage the brand For legitimate and efficient decision making, To be able to raise investment support (for both hard and soft assets), To be able to finance long term brand development (economic sustainability) Some principals for an efficient collective management

Mobilizing funding The need to clarify the business proposition How and where will the money be made ? What are the investments costs ? Who makes them, who takes the risk ? What are the running costs ? How will they be covered ? to what social or environmental objectives will it contribute ?

Mobilizing funding To cover different types of investments costs - hardware (physical infrastructure, but also IP registration, business plan development) - software (community mobilisation, organisation, governance structures) Identifying sources of - Grants (careful the strings attached), - Soft loans - Commercial loans

Evaluation The different reasons to perform evaluation activities What do we measure in IP and branding strategies When to evaluate IP and branding strategies How to evaluate IP and branding strategies? Participatory Monitoring and Evaluation Harmonised evaluation approach

Evaluation Lack of data and documentation on OLP branding and protection Importance of opt for wide set of criteria that goes beyond the strategy objectives Participatory evaluation favour the learning process

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