SOVEREIGNTY, SPECIFICATION, AND THE COLLECTIVE OWNERSHIP MODEL: AN ANALYSIS OF THE PAKISTAN GEOGRAPHICAL INDICATION ACT 2020 IN THE SIALKOT SURGICAL INSTRUMENT CLUSTER

Abstract

The international theft of local brands poses a great problem to the emerging economies, and the Sialkot cluster of surgical tools in Pakistan is an example. The study aims at assessing the effectiveness of Geographical Indications (Registration and Protection) Act, 2020 in safeguarding Sialkot products against misuse and squatting of trademarks in the country and internationally. In this study, the sui generis structure of the Act, along with the so-called model of the Collective Ownership, empowers manufacturers, as Authorised Users, and enhances the legal recourse, as well as aligns with the international instruments such as Lisbon Agreement. Some of the most critical issues that are discussed are institutional capacity limitations, technical standardization of thousands of instruments, and enforcement loopholes. On the basis of this analysis, the study suggests the improvement of human resources at IPO-Pakistan, computerization of the registry, specifications that are managed by ISO, and incorporation of ethical certification in order to win the best markets. All in all, the paper comes to the conclusion that a legal, institutional, and technical approach is necessary to re-position the brand of Sialkot, ensure the rights of the producers and strengthen the Image of the Pakistani industry in the world market.