IPTango: association

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Tuesday, 12 October 2021

Peru on Collective Marks: aiming to create a link among communities

Patricia Covarrubia October 12, 2021 No comments:

Searching on the Peruvian Instituto Nacional de Defensa de la Competencia y de la Propiedad Intellectual (Indecopi)

webpage, I noticed that one of the most popular events and campaigns have been on ‘collective marks’. I was curious indeed, and perhaps to learn more on the trend I clicked on the news – to my surprise I became overwhelm by the great job that the IP office is doing. As a starting point, they have friendly videos covering what a collective mark is, and how they can be an instrument of economic value but crucial to my later discussion, associations.

Then, it is good to see that since December 2020, Indecopi eliminated the fees for the registration of collective marks. A report published by Indecopi shows how the registration of this type of marks has blossomed. For instance in the 90s and until 2017 there were 236 marks, while during 2017 and 2019 there were 4,442 registrations. The report also notes how women are leading on this type of projects especially in the artisanal sector. [here and here] A remark that I could not miss was to see collective marks for traditional handicrafts and thus, promoting cultural identity and the diversity of national flora and fauna.

QR Code

I also note with content the use of QR for the collective marks registered. Such QR Code allows “consumers to quickly obtain information related to the characteristics of the product, its history, the association that markets them, its members, the commercial contact information, in which market the products are traded, etc.” Indecopi permanently updates such information.

Associations – what is the fuzz, if any?

Collective marks are used by a collective group to distinguish a good or service (a product) from others that do not form part of such collective group. The pre-phase recognition or granting of such marks, invites the members to group the producers. Usually, as in the case of the collective marks recently registered, come from groups and communities where there are fewer resources. Therefore, the establishment of an association of producers is one of the crucial steps taking by the group and or communities. While this may sound easy, the first challenge is how to motivate the community to join a ‘group’. In addition, to build and follow membership rules. At the end, the goal is to have a harmonious group. How to find such balance? A recommendation would be by producing codes of conduct and practices early on the conversation, that is the pre-phase, but also that the guidelines should be feasible so can be used in the post recognition-phase, that is, after the collective mark is granted. Aside from the association been built to organize and prepare a collective mark, the idea goes far from this. Associations help a group to be and feel part of a community – creating a sense of belonging, and to work on the same aim, that of protection, as in the case of traditional knowledge, preserving cultural heritage.

An early Christmas present: Collectives Marks for free

Patricia Covarrubia December 05, 2019 No comments:

The Peruvian Instituto Nacional de Defensa de la Competencia y de la Proteccion de la Propiedad Intelectual (INDECOPI) has granted 164 collective marks to associations located in the Region of San Martin benefiting several localities in the Region such as: Tocache, Shunte, Nueva Bambamarca, Nuevo Progreso, Moyobamba, Lamas, Bellavista, Rioja, Nueva Cajamarca, Juanjuí, San José de Sisa, Chazuta, Shanao, Tarapoto y Yurimaguas. The producers and artisans benefited by the marks were based on cocoa, coffee, ceramics, textiles, and the tourism sector.

The project/incentive
In accordance with the Decreto Supremo No. 092-2018 / PCM, in force since September 5, 2018, till September 5, 2019, the fee for the registration applications of collective marks which were presented by associations of producers, artisans, among others, from across the country, would be waved.

Moreover, through the Center for Intellectual Property Development (CEPI) the producers and artisans received advice ‘on the classification of products to distinguish, search and evaluate registration records, filling of forms, review of the requirements, among other important advice.’ Other state entities were also of assistance.

The full list can be found here (in Spanish)

Collective marks and it benefits

Patricia Covarrubia May 11, 2017 No comments:

From Peru we heard that the National IPO (INDECOPI) and its regional office in Huanuco have been working non-stop with communities in the said region. They are assisting farmers and produces in the region throughout the process of acquiring collective marks. This support has been provided free of charge and has lasted several month --from July until November 2016.

This month INDECOPI’s Board of Directors’ chairman, gave the certificates: 15 collective marks and one mark for a product. They were granted to associations producing cocoa, coffee, banana, rice and flowers which are located in the town of Tingo María, Huánuco.

INDECOPI is said to promote associations among producers trying to unify them and to help them to have a standardization of the quality of products and so, improving the image and economy of these entrepreneurs. The collective mark registered were all trade names and now this collective mark will belong to different farmers/companies but the use of the mark will be under the control of a proprietor which is an association that is legally established.

The aim of having a collective mark for small business and as in this case, farmers, is to promote the unification and harmonization of products among them. Moreover, they will jointly face the market and compete in the market having a single strategy.

Source INDECOPI, here.

The incentives of a mark

Patricia Covarrubia May 07, 2015 No comments:

Last week the Peruvian Instituto Nacional de Defensa de la Competencia y de la Propiedad Intelectual (INDECOPI) as part of the ‘Week of Intellectual Property’, celebrated by awarding two collective marks.

The Directorate of Distinctive Signs (DSD) granted the two different producer associations (one in the region of Lambayeque and the other in Junin) collective marks in the production of dried mushrooms and trout respectively. Thus, by the use of the collective marks INDECOPI believes that these two associations will promote the product quality and improve the economy of Peruvian entrepreneurs.

The collective marks are:

1. ‘Hongos deshidratados Inka Wasi: De nuestra tierra a tu mesa’ (Dried mushrooms Inka Wasi: From our land to your table). The certificate was given to the Agricultural Forestry Conservation League Marayhuaca, located in the district of Incahuasi, in Lambayeque.

Image result for Hongos deshidratados Inka Wasi

INDECOPI adds that there are more than 250 families in the community, representing 60% of the district of Incahuasi, in Lambayeque region who would benefit from this.

It is said that the mushroom is distinguished from others due to its particular qualities such as taste, texture and pleasant smell and a high nutritional value. They do grow in a forested area with at least 800 thousand pine trees. Moreover, the mushroom has gradually become much appreciated in the Peruvian gastronomy.

2. ‘Acuijunín Trucha de los Andes de Junín’ (Trout Acuijunín Junin de los Andes), was granted to the Trout Producers Association Junin. The mark became as part of UNIDO (United Nations Industrial Development Organization) will to form this union in order to strengthen the trout production in the region as well as helping them with the trading systems.

INDECOPI notes that “the production of these trout is of utmost importance for national and international market due to the system of controlled production that develops during the fish production process, in addition to the implementation of good practices, hygiene and aquaculture sanitation, which it ensures quality product.”

In the week INDECOPI also saw an agreement with the Peruvian Society of Gastronomy (Apega) to develop a certification mark. With this alliance, INDECOPI will advise restaurants that are associated members to Apega. The certification mark would refer to health allowing processes to be standardized which will affect, in a positive way, the result in the quality of services delivered to consumers. To conclude INDECOPI adds that the mark will “record the compliance with good handling practices and food preservation, adding value to the gastronomic activity.” Consumers will see this mark as to represent that the service is adequate and would “feel confident”.