ADAMSON UNIVERSITY COLLEGE OF ENGINEERING CIVIL ENGINEERING DEPARTMENT CE 308: INTELLECTUAL PROPERTY CASE STUDY NO.10 Shaping a Regional IP Tool & Folk Art and the Opportunities of the Modern World Presented by: EDA, EARL KLIEN DAISOG, JOHN RANDOLF SESCAR, CZARINA MAINE
Presented to:
Dr. Tomas U. Ganiron, Jr
Shaping a Regional IP Tool
AFYON MARBLE Turkey
Presented by: Czarina Maine R. Sescar
Afyon Marble, Turkey • Marble a metamorphic rock has been used by builders, architects, and artists to create homes, sculptures, and public buildings.
Afyon Marble, Turkey • Name: Afyon •
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Marble Country/ Territory: Turkey IP right(s): Geographical Indications and Appellations of Origin, Patents, Trademarks Date of publication: August 29, 2014 Last Update: November 28, 2014
Afyon Marble, Turkey • Afyon Marble white marble for millennia western province of Afyon in the Republic of Turkey (Turkey). In 2003, the Turkish government recognized the importance of it when it was granted protection as a Geographical Indication (GI).
Afyon Marble, Turkey • TUREKS a leading natural stone supplier and inventor of new technologies in the marble and natural stone industry that was formed in 1982. started out as a small workshop where it turned locally sourced stones such as Afyon Marble into products including floor and wall tiles, molding, and fixtures for homes, public buildings, hotels, and other structures.
Afyon Marble, Turkey • Goods with specific geographical origin
Marble from İscehisar and other regions in Afyon province has unique physical properties
Afyon Marble, Turkey 95% calcite, low porosity, high density, and some typesthatarenearly translucent. used in many ancient structures, such as Roman temples, Greek amphitheaters, and Ottoman mosques. accounts for nearly 20% of all marble production in Turkey.
Afyon Marble, Turkey • Geographical Indication
Theatero of Ephesus in present- day Selcuk, Izmir Province, Turkey
Afyon Marble, Turkey It was registered as a GI with the Turkish Patent Institute (TPI) in 2003. To be afyon marble it must be quarried from the Afyon region and also must contain specific mineral qualities.
Afyon Marble, Turkey • Research and development Tureks commitment to developing products of a high quality and engaging in research and development (R&D) for new products and processing methods helped it to soon become one of Turkey’s leading suppliers of marble and other locally sourced stone products.
• Aged Marble marble products that have their surface treated to give a simulated weathered, rough, and aged appearance.
Afyon Marble, Turkey • Research and development commonly used methods could effectively simulate ageing, they typically took a significant amount of time to complete and were inefficient. To solve these problems, Tureks entered into R&D to develop a new treatment process that would give locally quarried stones (such as Afyon Marble) a natural aged appearance
Afyon Marble, Turkey • Invention t h r e e t y p e s o f processing: they are cut into plates, tiles, or slabs; then they are polished with diamondtipped calibrators; and finally they are treated to simulate ageing.
Tureks innovative simulated ageing process, the subject of PCT application (PATENTSCOPE: #W01998013173)
Afyon Marble, Turkey • Patents, trademarks and domain names In addition to the GI, companies in the marble industry in Turkey have recognized the importance of protecting their innovations and brands with the IP system.
-Tureks, for instance, made an application for its simulating ageing treating process with TPI in 1996. -Branding has also proven to be an important strategy for Tureks
Afyon Marble, Turkey • Commercialization Af y o n M a r b l e c o n t i n u e s t o b e commercialized through many avenues, reaching customers throughout the world.
Afyon Marble, Turkey • Business results Smaller producers have been able to reach international markets . Larger companies such as Tureks have also been able to grow by utilizing not only GIs, but also other IP instruments such as patents and trademarks.
Afyon Marble, Turkey GI has internationally promoted the qualities of Afyon Marble, the SME produces over 5,000 varieties of stone products – many of which include Afyon marble – and as of 2014 employed over 200 people on five continents.
Afyon Marble, Turkey • Carved by time Protection of Afyon Marble through the implementation of a GI, producers large and small in the region have been able to expand their reach, innovate new products and brands, and continue to spread the diverse and natural beauty of Afyon Marble.
FOLK ART AND THE OPPORTUNITI ES OF THE MODERN WORLD Presented by: Earl Klien Eda and John Randolf Daisog
• Olinala is a largely rural region of the state of Guerrero, in the Mexico. • The place derived its name from the Nahuatle (Aztecan) word ollinallan which means “place of movement”. • The place is located five hours away by road from the capital of Mexico.
• The region has been the center of a rich mix of indigenous people such as Nahuas, Mixtecs, Amuzgos and others including those of African and European origin. • For generations, Olinala has had a burgeoning cottage industry of intricately made and beautifully crafted maque goods. • The residents of Olinala allied the Mexican government and others to create a cooperative craftsmen and women.
• On 1993, Unión de Artesanos Olinca, A.C (UAO) was established. • This cooperative helps to unite the voice and skills of Olinala’s crafts workers. • Partly due to the cooperative's activities, the market access of Olinala’s artists has been greatly improved and the socioeconomic well-being of this culturally rich but historically marginalized community has been systematically developed.
TRADITIONAL KNOWLEDGE • During 1521 in Mexico, the artesani of Olinala has adopted some of the traditional cultural expressions (TCE) and traditional knowledge (TK). • Olinala’s renowed products are made by long and painstaking process.
TRADITIONAL KNOWLEDGE • Olinala inspired products can be divided into three main styles: embutido (inlaying), dorado (painting, sometimes called aplicado) and raya do (carving). • Created by the artist laying down a design before elements of the pattern are cut out and the grooves are filled with color, embitudo is popular in Olinala and the western state of Michoacan.
• Named after the gold leaf historically used to sketch its decorations, do rado, meanwhile, is a style popular in Gurerro and Chiapas, the southernmost state in Mexico. This style is distinguishable by the use of ad ditional colors when applied onto a base coat to create vivid floral pat terns or recreate nostalgic or patriotic scenes from Mexican history and mythology. • More subtle than dorado, rayado, furthermore, is popular in Guerrero and is based on a second color being applied over the base coat to create floral patterns, often in combination with animal themes and geometric shapes.
TRADITIONAL KNOWLEDGE • Contemporary artists use pastel colors and have been known to create white-on-white artesania. • Olinala artists have often cultivated a highly style based on the inspiration of a single person. • The artesania craftsman are historically not the creator of the goods, they were the one who are in charge of the whole process. • Via UAO, struggling artisans have sought new ways to exploit their TK and TCEs in a systematic and collective way.
GOODS WITH SPECIFIC GEOGRAPHICAL ORIGIN • All the key ingredients and products from Olinala, which stands at 1,600 meters above sea level and represents the highest point in the state, are sourced from the Guerrero region itself.
• Bounded by the Pacific Ocean and traversed by the Balsas, Tlapaneco and Mezcala Rivers, the state covers about 24,819 square miles including the fertile valleys of the Sierra Madre de Sur and has a rich offering of human and natural resources. • Guerrero is also known for its agriculture, mining and tourism.
GOODS WITH SPECIFIC GEOGRAPHICAL ORIGIN • Growing up to 7 – 8 meters, Aloe tree is a plant endemic to the area that has thrived in its temperate climate.
• Aloe tree provides a naturally scented wood, resin and oil extract linaloe or Olinaloe wood which is the most needed for the handicraft industry of Olinala. • Since mid-19th Century, essential oils from linaloe has being process for domestic and exportation to European and American perfume markets.
SPECIFIC GEOGRAPHICAL O• TRheIrGegiIoNn’sbeautifully made gourds are sourced from the fruit of locally available jicara trees and vines. Other important procured from Olinala crafts are oils and earthen pigments, birds feathers and deer tails. • In order to maximize local assets, the artisan have exploited their geographical heritage to launch quality, distinguishable goods into a competitive and international lacquered products market.
APPELLATIONS OF ORIGIN • Appellations of origin (AO) are a kind of intellectual property (IP) that can provide legal protection to producers by linking them and their products, via their culture and production methods, to a specific geographical location. • To secure an AO for Olinana crafts, UAO has worked with the government of Mexico and several other organizations including the Instituto Nacional Indigena (INI) and the Fondo Nacional Para El Fomento De Las Artesanias (FONART)
APPELLATIONS OF ORIGIN
• By enacting the Law for the Promotion and Protection of Industrial Property in 1991 moreover, the Mexican government recognized a need to promote the country’s heritage and businesses while protecting its producers from unfair competition. • In 1993, UAO craftsmen applied for an AO for Olinala at the Instituto Mexicano de la Propiedad Industrial (IMPI) – Mexico’s IP office. • Having been declared in IMPI’s Official Federation Gazette in 1994, the AO was thereafter registered with the International System of Appellations of Origins (1995) managed by the World Intellectual Property Organization (WIPO).
APPELLATIONS OF ORIGIN • The Olinala AO certificate can be granted to all artists within the municipality who meet the strict standards of quality and production procedures set by UAO members and the Official Mexican Standards (NOMS) for AOs. • In accordance with the 1991 Law, applicants for an AO have to provide evidence that satisfies NOMS criteria (which are set by the Secretariat of the Economy, a department of the Mexican government) and must undergo certification, verification and monitoring for compliance with these standards (as determined by teams of Certification Authorities). • Since granting Olinala’s AO, artists in the municipality that meet the certificate’s standards have been able to improve the quality of their products, differentiate these goods from those of competitors and counterfeiters and confidently enter the local, national and international market.
BRANDING AND COMMERCIALIZATION • Following decades of wide-spread indifference, Olinala artists have become increasingly aware of the need for branding their products either with their own names, with the Olinala AO certification, or with both, in order to successfully enter the market with distinguishable goods. • Because the municipality is located on rural highlands with previously poor access routes (Olinala used to be approximately nine hours away by car from major centers of commerce such as Mexico City), Olinala artisans found it difficult to bring their often fragile products to trade centers. • Olinala’s artists had also developed a notorious reputation for individualism. This meant that collective efforts at commercialization were difficult to initiate and most successes were limited to a few, isolated artisans.
BRANDING AND COMMERCIALIZATION • From the 1960s and 70s onward, however, efforts were made to improve and change these factors by various organizations including INI, FONART and other rural development agencies and consultants. • Based on a successful initiative to help woven palm artisans from La Montana (a region in Guerrero) to scale up production and successfully market their goods through collective efforts, INI collaborated with experts in international development in order to improve access to the region. The initiative, moreover, implemented training schemes for Olinala’s artisans in up-to-date commercialization, distribution and cooperative business methods and principles. • One of the first innovations taken in this regard was to improve access routes to major centers such as Mexico City so that the artisans could transfer goods efficiently and begin to increase their target market to the national and international spheres.
BRANDING AND COMMERCIALIZATION • To achieve these aims, INI and MNAIP began to coordinate light-aircraft trips between Onilala and cities such as Cuautla, 58 kilometers north-northeast of Mexico City, which helped craftsmen bring their goods quickly to regional markets with plenty of eager consumers. • With improved access to local and regional markets, Olinala’s craftsmen were not only able to take their products via intermediaries to regional commercialization centers with high consumer footfall (including tourists). • They were also able to gain access to international markets – especially to the European Union (EU) and the United States of America (USA) – via networks of international buyers and family members who were living abroad.
BRANDING AND COMMERCIALIZATION • As access to various markets improved and costs dropped, annual artesania sales from the region grew to approximately US$10 million. • Since the establishment of UAO and the granting of Olinala’s AO, the region’s craftsmen have worked with the government in the state of Guerrero and others in order to create more systematic development policies. • The local government in Olinala has, for example, improved the consistency of access to credit facilities which artists can apply for in order to invest in raising production standards to meet those set out by the cooperative and the municipality’s AO. • The Guerrero government, moreover, has worked with UAO members in joint product-awareness-raising campaigns including co-sponsoring trade fairs both regionally and nationally. Between July and August 2011, for instance, the state of Guerrero launched a major international product promotion and commercialization exposition in Mexico City – called “Guerrero: Flor y Color” (Flor y Color) – in the Benito Juarez International airport, the country’s largest and busiest airport.
BRANDING AND COMMERCIALIZATION • Situated in one of the airport’s exhibition halls, over 100 artists from the region introduced their products (including pottery, textiles, jewelry and the famous Olinala lacquered boxes) to an international clientele including thousands of visiting tourists. Backed by the Olinala AO, the Flor y Color exhibition has been able to reassure visitors and customers of the products’ cultural and geographic. • Through state level assistance and in collaborations with other agencies, therefore, UAO and its craftsmen have exploited the municipality’s AO, developed greater market access routes, and stabilized the economic environment in the industry in order to successfully and confidently commercialize their goods.
ENVIRONMENT • With the success and increase in demand for Olinala’s wood products, there has been increased pressure on the region’s vital natural resources. Indeed, since the early part of the 20th century, distillation of linaloe oils had intensified and, coupled to unregulated deforestation in the area, there was a steady decline (which peaked in the 1930s) in the region’s Aloe trees. • Following a drop in deforestation in the state of Guerrero during the Second World War, the Mexican Forest Service enacted measures intended to protect the state’s vital but depleted trees. However, as local enforcement of these laws were unsystematic (due, in part, to a lack of resources for enforcement agencies or education of locals regarding proper conservation methods), deforestation continued apace.
ENVIRONMENT • By the late 1970s and early1980s, the government of Mexico and other agencies had come to realize that a more proactive approach was needed in order to ensure the resources upon which the country’s marginalized communities depended. Established by the Mexican government in 1977, the Coordinación General del Plan Nacional de Zonas Deprimidas y Grupos Marginales was an organ of state that worked with marginalized communities in an effort to safeguard their socio-economic and natural resources. • To this end, Mexico’s National Ecology Institute, the National Autonomous University, and the Council for Nahua Villages of the Upper Balsas in Guerrero have begun a monitoring program for endangered trees in the region – including the Aloe tree – that are used by its artisans. The AO designation for Olinala, which acknowledges the municipality’s reliance on its natural resources, is part of a strategy to ensure that environmental considerations are at the heart of the region’s development agenda.
BUSINESS RESULT • Since the establishment of UAO and the AO declaration for Olinala, there has been a steady improvement in the socio-economic and environmental condition of the traditionally marginalized municipality. On its stable climb to a successful future, the region has been the recipient of awards and recognition for its TCEs, TK and crafts industry. • The Mexican government, for instance, presented the artisans of Olinala with the National Arts and Sciences Award in the category of Popular and Traditional Arts (1993). The community’s geographical isolation and problems with market access, moreover, have improved since the construction of a new road linking Olinala to the nearest main highway in the state of Guerrero.
BUSINESS RESULT • Olinala crafts hold pride of place in FONART’s showrooms in Mexico City (where they are displayed and sold at the famous street Avenida de la Reforma) and in other locations within the city such as the commercial center called of Mercado Artesanias la Ciudadela. These products (including jewelry chests) have become the crowning jewel of prestigious venues including the interior décor of major institutions such as the Intercontinental hotel in Mexico City. • Furthermore, due to increased international demand for such wares, Olinala artists have tailored their creations to suit increasingly high end European (German), North American (the USA) and East Asian (including Japan and South Korean) tastes and motifs. • Olinala craftwork, therefore, has brought progress and the prospect of a bright future to a historically marginalized mountain community with a rich cultural and natural heritage. The revived industry has led to greater market access for its craftsmen and modern infrastructure and communications for the municipality’s inhabitants. As a result, the lacquered crafts industry in Olinala has accounted for 80% of the region’s economy.
THE ART AND CRAFT OF PROGRES S
•For generations, the indigenous community of Olinala crafted beautiful lacquered ornaments and objects for everyday use made of wood or gourds. Traditionally based in small family units in an isolated region, the community discovered a common ownership in their cultural and geographic heritage, built local, national and international commercial networks, and set about reviving their economy while preserving their environment and culture.