Commission on Phytosanitary Measures

CPM 2008/27 March 2008 E

COMMISSION ON PHYTOSANITARY MEASURES

Third Session

Rome, 7 – 11 April 2008

ISPM No. 15 Symbol - Procedures and Estimated Costs for Registration in Countries where it is not yet Registered

Agenda Item 13.6 of the Provisional Agenda

1. This paper presents procedures and estimated costs for the registration of the ISPM No. 15 symbol (from here on referred to as the symbol) as a certification, collective, guarantee, or trade mark, in countries in which it has not to date been registered.

ISPM No. 15 symbol

2. As the owner of the symbol, FAO is responsible for its registration. Efforts have been and will continue to be made by FAO to register the symbol as a certification mark (referred to in some countries as a collective or guarantee mark) or trade mark throughout the world in order to give it world-wide protection. 3. The status of the current registration of the symbol is given in document CPM 2008/20. 4. The IPPC Secretariat has identified that registration of the symbol remains to be completed, to the best of the Secretariat’s knowledge, in 110 countries. In addition, the registration of the symbol may need to be completed in some countries’ territories, which may not be covered under the countries’ registration of the symbol. The status, with regards to the registration of the symbol in these territories, is being verified with the countries concerned. If your country has territories that will not be covered by the registration of the symbol in your country, please inform the IPPC Secretariat of your specific issues in this regard. 5. Applications for the registration of the symbol in the countries in which the symbol is not yet registered (Annex 1) would be filed under international, regional or national procedures.

For reasons of economy, this document is produced in a limited number of copies. Delegates and observers are kindly requested to bring it to the meetings and to refrain from asking for additional copies, unless strictly indispensable. Most FAO meeting documents are available on Internet at www.fao.org W0000 2 CPM 2008/27

I. INTERNATIONAL 6. Internationally, under the Madrid System of the World Intellectual Property Organization, FAO will file an application to register the symbol in the countries which joined the Madrid System since FAO’s original filing. These countries are: Bahrain, Botswana, Iran (Islamic Republic of), Namibia, Oman and the Syrian Arab Republic; and the estimated total cost for this registration is USD 3,500.

II. REGIONAL 7. Regionally, the Secretariat is aware of two regional intellectual property organizations which cover some countries for which registration is not yet done: the Organisation Africaine de la Propriété Intellectuelle (OAPI) and the African Regional Industrial Property Organization (ARIPO). 8. Through OAPI the symbol could be registered in the following 16 countries: Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Congo (Republic of), Côte d’Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Senegal and Togo. The estimated total cost for this registration is USD 3,500. 9. Through ARIPO the symbol could be registered in 8 countries, but as 4 of these 8 countries are in the Madrid system, only 4 countries would be registered: Malawi, Tanzania, Uganda and Zimbabwe. The estimated total cost for this registration is USD 9,000.

III. NATIONAL 10. The registration of the symbol in the remaining 84 countries would be effected under their respective national procedures for the registration of symbol. The estimated average cost for each national filing is approximately USD 4,500. The estimated total cost for registering the symbol in the remaining 84 countries is USD 378,000. 11. For registering the symbol in some territories (approximately 20) it may be necessary to file an application similar to that of a national registration; the estimated average cost for each filing is approximately USD 4,500. The estimated total cost for registration in 20 territories is USD 90,000. 12. Therefore, the total cost for the registration of the symbol in all countries (and some territories) in which it is not yet registered is estimated to be USD 484,000. 13. This estimated cost, which covers only filing and legal costs, does not take into account other possible additional costs such as handling provisional refusals by national patent offices, defending an objection to the mark, etc. 14. The IPPC Secretariat has requested countries in which the symbol has not yet been registered to consider waiving national registration costs or to provide cost figures, and to consider providing the services of their legal advisors for the registration process in their respective countries. Priority of registration will be given to those countries that comply with any or all of the above, and/or who contribute their own costs of registration. 15. The Secretariat is seeking extra budgetary funding to cover the costs of registration of the symbol. Donors may provide funds to cover the total cost of registration (USD 484,000) or a part thereof (e.g. registration of the symbol for countries in a specific region or in their own country). 16. The CPM is invited to: .1 Note the information provided. .2 Encourage countries to inform the IPPC Secretariat if any territories are not covered under their registration of the ISPM No. 15 symbol. CPM 2008/27 3

.3 Encourage contracting parties to consider waiving national registration costs or to provide cost figures, and to consider providing the services of their legal advisors for the registration of the ISPM No. 15 symbol in their respective countries. .4 Encourage donors to consider providing funds to cover all or part of the costs of the registration of the ISPM No. 15 symbol. 4 CPM 2008/27

Annex 1 List of countries where the ISPM No. 15 symbol is not registered and the proposed registration procedure

Country Proposed Country Proposed Registration Registration Procedure Procedure 1. Afghanistan National 44. Guyana National 2. Andorra National 45. Haiti National 3. Angola National 46. Honduras National 4. Bahamas National 47. India National 5. Bahrain Madrid 48. Iran (Islamic Republic Madrid 6. Bangladesh National of) 7. Barbados National 49. Iraq National 8. Belize National 50. Israel National 9. Benin OAPI 51. Jamaica National 10. Bolivia National 52. Jordan National 11. Botswana Madrid 53. Kiribati National 12. Brunei Darussalam National 54. Kuwait National 13. Burkina Faso OAPI 55. Lao People's National 14. Burundi National Democratic Republic 15. Cambodia National 56. Lebanon National 16. Cameroon OAPI 57. Libyan Arab National 17. Cape Verde National Jamahiriya 18. Central African OAPI 58. Madagascar National Republic 59. Malawi ARIPO 19. Chad OAPI 60. Maldives National 20. Chile National 61. Mali OAPI 21. Colombia National 62. Marshall Islands National 22. Comoros National 63. Mauritania OAPI 23. Congo, Democratic National 64. Mauritius National Republic of 65. Micronesia (Federated National 24. Congo, Republic of OAPI States of) 25. Cook Islands National 66. Myanmar National 26. Costa Rica National 67. Namibia Madrid 27. Côte d'Ivoire OAPI 68. Nauru National 28. Djibouti National 69. Nepal National 29. Dominica National 70. Nicaragua National 30. Dominican Republic National 71. Niger OAPI 31. Ecuador National 72. Nigeria National 32. El Salvador National 73. Niue National 33. Equatorial Guinea OAPI 74. Oman Madrid 34. Eritrea National 75. Pakistan National 35. Ethiopia National 76. Palau National 36. Fiji National 77. Panama National 37. Gabon OAPI 78. Papua New Guinea National 38. Gambia National 79. Paraguay National 39. Ghana National 80. Peru National 40. Grenada National 81. Philippines National 41. Guatemala National 82. Qatar National 42. Guinea OAPI 83. Rwanda National 43. Guinea-Bissau OAPI 84. Saint Kitts and Nevis National CPM 2008/27 5

Country Proposed Registration Procedure 85. Saint Lucia National 86. Saint Vincent and the National Grenadines 87. Samoa National 88. Sao Tome and National Principe 89. Saudi Arabia National 90. Senegal OAPI 91. Seychelles National 92. Solomon Islands National 93. Somalia National 94. South Africa National 95. Sri Lanka National 96. Suriname National 97. Syrian Arab Republic Madrid 98. Tanzania, United ARIPO Republic of 99. Timor-Leste National 100. Togo OAPI 101. Tonga National 102. Trinidad and Tobago National 103. Tunisia National 104. Tuvalu National 105. Uganda ARIPO 106. United Arab Emirates National 107. Uruguay National 108. Vanuatu National 109. Yemen National 110. Zimbabwe ARIPO