Logo Design Contest for the Siau Nutmeg Geographical Indication

LOGO DESIGN CONTEST FOR THE SIAU NUTMEG GEOGRAPHICAL INDICATION OFFICIAL CONTEST RULES DRAFT

This document describes the Official Rules of the Logo Design Contest for the Siau Nutmeg Geographical Indication (GI), organized by the Direktorat Jenderal Hak Kekayaan Intelektual (DGIPR) with the support of the EU-Indonesia Trade Cooperation Facility (TCF) project, onwards called “organizing entities”. To the extent of any inconsistency, these Official Rules prevail.

Introduction:

Indonesia is, by far, the biggest worldwide producer of nutmeg, with a world market share of 75%. It is also the biggest exporter of nutmeg to international markets like the European Union, where the import of nutmeg from Indonesia has fluctuated between 2.900 and 3.700 MT per year since the year 2000, and the import value of nutmeg and mace was 38 million EUR in 2010.

In this context, Siau nutmeg occupies a privileged position. The quality and characteristics of the product linked to its geographical origin makes the Siau nutmeg be considered a unique differentiated product, having notoriety and reputation that makes all exporters be willing to purchase nutmeg from Siau Island.

In 2015, the EU-funded TCF project in collaboration with the Directorate-General of Intellectual Property Rights (DGIPR) of Indonesia are providing technical assistance to Siau nutmeg stakeholders to allow for the registration of the Siau nutmeg as a Geographical Indication (IG) at the General Register of Geographical Indications in Indonesia. Through the registration of the name “Siau nutmeg” as a GI at national level, Siau nutmeg producers and processors will be able to consolidate the group of GI stakeholders to manage and enhance the GI. Furthermore, it will also allow ensuring the complete protection of the product at national level, through the registration of its name and its logo in Indonesia, for further development and adequate protection at the international markets in the future.

To this end, the objective of this contest is to design of a logo for the Siau nutmeg GI, which will be granted to Siau nutmeg stakeholders to present it together with the GI application for its registration as a Geographical Indication in Indonesia. The Siau nutmeg GI logo will be a valuable differentiation tool for GI stakeholders, to communicate about their unique product in the overall market.

The competition:

. The competition consists on selecting one logo design to represent the Siau nutmeg Geographical Indication (GI). The winning design will become the official logo for the Siau nutmeg GI, to be registered at the General Register of Geographical Indications in the

Directorate-General of Intellectual Property Rights (DGIPR) in Indonesia, as well as in any other country if so decided by the legitimate GI stakeholders. . The competition opens on 1 May 2015 and closes on 31 of May 2015. . The logo should capture this key message: “Siau nutmeg” identifies a product originating in a specific place, whose quality or characteristics are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors, the production steps of which take place in a defined geographical area. The logo shall be an appealing design, gathering the picture of the product, the tradition/s of the place of origin and the geographical area to give a clear identity of the GI value chain.

Participants and Eligibility:

. This contest is open to students from universities in Manado and Tondano as well as High Schools in Siau, including all their faculties. . The participating universities and high schools are the following: o Universitas Sam Ratulangi o Universitas Negeri Manado o Politeknik Negeri Manado o Politeknik Negeri Nusa Utara o Universitas Nusantara Manado o Universitas Katolik De La Salle, Manado o Universitas Klabat, Airmadidi, Manado o Universitas Kristen Indonesia Tomohon o Universitas Pembangunan Indonesia Manado o Universitas Sari Putra Tomohon o Universitas Teknologi Sulut o SMA Negeri 1 Siau Timur o SMA Negeri 2 Siau Timur o SMA Negeri 1 Siau Barat o SMA Negeri 2 Siau Barat

. The contest is not open to companies, commercial firms, making-profit organizations or groups associated with such institutions. . Contestants can only submit one logo design per individual.

How to participate:

. Contesting logo designs must be submitted by email to [email protected] and send the file/s link through your Dropbox, WeTransfer or any other on-line sharing platform. Please send the links always to [email protected] . The email must include the complete name, age, postal address, phone number and email address of the contestant (student or alumni complete identify). . The logo designs must be submitted in .pdf format (less than 10 MB) AND in Adobe Illustrator (.ai) format (1.000KB). If the logo incorporates non-standards fonts, you must be

able to provide us with the font should your logo be selected. If you are chosen as a winner, you MUST be able to provide a high-resolution vector file. See the Submission Guidelines below for further information. . No more than one logo design may be submitted by each contestant. . Logo designs must conform to the Submission Guidelines set out below. Logo designs which fail to do so will be rejected. . The deadline for sending the logo designs is midnight (one minute after 23.59h) on 31 May 2015 WITA (GMT+8). . We will attempt to acknowledge all logo designs submitted within one week of receipt; however, we cannot be responsible for entries or responses lost in e-mail. . There is no fee to enter the Contest.

Submission Guidelines:

. The purpose of the contest is to design a logo for the Siau nutmeg GI. The logo will be used online, in print, on merchandise and to create stickers that can be placed on the product for commercialization, export, etc. Flexibility is a key requirement, including the need to resize easily and to look good in black and white as well as in colour. The final version of the logo will need to be suitable for high quality printing. . Because of the requirement to register the logo together with the product’s name as a Geographical Indication at the General Register of Geographical Indications in the Directorate-General of Intellectual Property Rights (DGIPR) in Indonesia, contestants should take care to ensure that their logo designs are not in any way similar to existing logos or other copyrighted images. A logo that cannot be registered, due to its similarities to registered logos, no matter how well crafted, cannot win the contest. . The logo must contain the image of the product linked to its geographical origin. This image should not be photographic (see below for information on graphic formats), but must be recognizable as the product and its geographical origin. . The logo must also contain the words “Siau nutmeg” in English and “Pala Siau” in Bahasa. . The logo must not contain any other text besides that required above. . Due to the requirements for high quality printing and re-sizing, logo designs must submitted by email in .pdf format (less than 10 MB) and through “Dropbox” in Adobe Illustrator (.ai) format (1.000KB).

Prize:

. Competition participants will submit logo designs to represent the Siau nutmeg Geographical Indications (GI). The winning design will become the official logo of the product, becoming property of the Siau nutmeg GI stakeholders once it is registered at the General Register of Geographical Indications in the Directorate-General of Intellectual Property Rights (DGIPR) in Indonesia. . Subject to the legal requirements outlined above, the winning design will be announced to the winner as well as to the corresponding University. . To make official delivery of the logo design to the Siau nutmeg GI stakeholders, the organizing entities will hold a Siau nutmeg GI Logo Award Ceremony in Siau Island in June

2015. Every effort will be made to inform the winner in time for him or her to attend, covering the travel and accommodation of the winner. . The winning designer will receive an award in cash of EUR 200. The travel cost of the student selected (the wining designer) and that of the director of the University will be covered by TCF Project.

Judging Panel and Selection of Winner:

. The winning design will be selected by a Judging Panel, composed by 3 representatives of the DGIPR, 1 representative of the Siau Dinas Pertanian dan Perkebunan, 4 representatives (producers, processors, traders and exporters) of the Siau nutmeg GI stakeholders, 1 representative of the TCF project. Their decision will be final. No further correspondence shall be entered into. . The Judging Panel reserves the right not to select a winner if, in its sole discretion, no suitable logo designs are received. . The Judging Panel reserves the right to disqualify any contestant or logo design at its sole discretion. No correspondence shall be entered into. . The winner will be required to sign a contract assigning all ownership of the logo to the Siau nutmeg GI stakeholders. . Accepting the prize constitutes permission for the organizing entities to make public and otherwise use winner’s name and country of residence for publicity purposes. Further personal data may be requested but is not required. . No timetable is set for the announcement of a winner due to the need to confirm that the winning entry can be registered as a GI at the General Register of Geographical Indications in the Directorate-General of Intellectual Property Rights (DGIPR) in Indonesia.

Intellectual Property:

. All submitted work must be original and not based on any pre-existing design. Should any legal action occur against the originality of the work, the author shall take full responsibility. . All logo designs will become the sole property of the Siau nutmeg GI stakeholders and may be displayed publicly by the organizing entities for the purposes of the contest. . The winning logo design will be registered, together with the GI name, by the Siau nutmeg GI stakeholders as a Geographical Indication at the General Register of Geographical Indications in the Directorate-General of Intellectual Property Rights (DGIPR) in Indonesia and the winner agrees to transfer all right and title to the logo design to Siau nutmeg GI stakeholders, in accordance with the Official Rules of this Contest.

Acceptance:

. Participation constitutes the Contestant’s full and unconditional agreement to and acceptance of these Official Rules. . By participating in the Contest, the Contestant is representing and warranting that he/she has read and understood, and agrees to be bound by, these rules.

. Including the guides and rules referred to herein, these Official Rules constitute the entire agreement between the Contestant and the organizing entities in relation to the Contest. They govern the Contestant’s participation and supersede any prior or other agreements between the Contestant and the organizing entities relating to the Contest.

About the organizing entities:

. The Directorate-General of Intellectual Property Rights (DGIPR) of Indonesia is a government’s agency under the Ministry of Law and Human Rights which administer the Intellectual Property, including geographical indications’ registration in Indonesia. DGIPR’s duty is to formulating and implementing policy and technical standardization in the field of Intellectual Property. In the conduct of the task, the Directorate General of Intellectual Property has the following functions: ˗ Prepare the formulation of the Department in the field of Intellectual Property Rights ˗ Implementation of policies in the field of Intellectual Property Rights in accordance with the provisions of the legislation in force ˗ Formulation of standards , norms , guidelines , criteria and regulations in the field of Intellectual Property Rights ˗ Development of technical guidance and Evaluation Implementation of administrative affairs in Directorate General . The TCF is an EU-funded programme that aims to strengthen the capacity of government institutions to pursue reform initiatives in selected areas related to the improvement of trade and investment climate. The TCF facility contains resources of expert time and an associated budget for capacity building activities. The TCF is coordinated by Bappenas (National Development Planning Agency), the other Implementing Agencies being the Ministry of Trade, the Investment Coordinating Board, the Ministry of Justice and Human Rights, the Ministry of Science and Technology, the Ministry of Energy and Mineral Resources, the Ministry of Industry. The TCF is implemented with the support of a Technical Assistance Team provided by a consortium of consultancy companies headed by GOPA GmbH, contracted by the EU Delegation in Indonesia.

Representations and Warranties:

By participating in the Contest, the Contestant warrants and represents in connection with the logo design submitted as part of his/her participation in the Contest: 1. he/she is the sole and exclusive owner of (and free of any adverse claim by any person, firm, or corporation) all intellectual property rights in and to the logo design, to be conferred to the GI Siau nutmeg stakeholders if winning the Contest; 2. the logo design is original and the use of the logo design as described in these Official Rules will not infringe the proprietary rights, including without limitation the intellectual property rights, of any third party; 3. the use of the logo design, as described in these Official Rules, will be in compliance with any third-party licenses pertaining to the logo design; 4. the logo design is not obscene or libellous, and does not violate any rights of any third party, including but not limited to rights of privacy or publicity;

5. the logo design does not contain any virus, spyware, malware, trap door, worm, or any other device, mechanism or code that is injurious or damaging to software or hardware used in conjunction with the logo design; 6. the logo design and its use as described in these Official Rules will not violate any national or local laws; 7. no employer or educational or other establishment has any rights in the logo design; 8. the logo design is consistent with these Official Rules; and 9. he/she has the right to grant the property of the logo design to the Siau nutmeg GI stakeholders as required in these Official Rules.

Severability:

When any provision of these Official Rules is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the Court should endeavour to give effect to the intentions of the parties as reflected in the provision, and that the other provisions of these Official Rules remain in full force and effect.

Indemnity; Disclaimer of warranties; Limitation of Liability:

. By participating in the Contest, the Contestant agrees to be bound by these Official Rules, including all eligibility requirements and all decisions of the organizing entities. . By participating in the Contest, the Contestant agrees to indemnify, defend, and hold harmless the organizing entities and their officers, agents, affiliates, contractors, contributors, subsidiaries, licensors and distributors from any and all liability, claims, or actions of any kind, including, without limitation, property damage, personal injury, and/or death, arising out of his/her (i) breach of any representation, warranty or covenant contained in these Official Rules; or (ii) participation in the Contest; (iii) acceptance and/or use or misuse of any prize in connection with the Contest; or (iv) any third party claim relating to any rights in any design submitted. . By participation in the Contest, the Contestant agrees that the organizing entities make no warranty, representation, or guarantee of any kind, expressed or implied, in fact or in law, relating to the Contest and/or the prizes. . By participating in the Contest, the Contestant agrees that the organizing entities are not responsible, and will in no event be held liable, for any: (a) lost, late, illegible, misdirected, damaged, incomplete, corrupted or garbled logo designs; (b) telephone, computer, or network malfunction or error; (c) communication disruption or other disruptions related to Internet traffic, virus, bug, worm, or non-authorized intervention; or (d) damage caused by a computer virus or otherwise resulting to any computer from the submission of logo designs. If such malfunction, error, disruption, or damage occurs or impairs the administration, security, fairness, or integrity of the Contest, the organizing entities may, in its sole discretion, suspend, modify or terminate the Contest by posting a notice to the participating universities. If the Contest is terminated before the scheduled end of the Contest period, the organizing entities will determine the winner from all eligible logo designs received as of the termination date. Persons found tampering with or abusing any aspect of the Contest, or whom the organizing entities believe to be causing or attempting or intending to cause any malfunction, error, disruption, or damage will be disqualified.

The organizing entities reserve the right to disqualify any unauthorized entries, including, without limitation, multiple logo designs from the same person, or any logo designs made through robotic, automatic, mechanical, programmed or similar multiple-logo design, or logo design duplication, method and to disqualify any person or entity using such a method. . Notwithstanding anything herein to the contrary, and only to the maximum extent permissible by the applicable law, by participating In the Contest, the Contestant agrees that in no event will the organizing entities be liable to contestants or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, relating in any manner to these Official Rules, the contestant or contestant’s participation there in, even if the organizing entities were expressly advised of the possibility of such damages. . Also notwithstanding anything hereir to the contrary, by participating in the Contest, the Contestant further agrees that in no event will the liability of the organizing entities relating in any manner to these Official Rules, the Contest or the Contestant’s participation therein includes any amount paid by the Contestant to enter into the Contest. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above may not apply to the Contestant. In the event that the preceding release is determined by a Court of competent jurisdiction to be invalid or void for any reason, the Contestant agrees that, by entering the Contest, (i) any and all disputes, claims and causes or action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; and (ii) any claims, judgements and awards shall be limited to actual out-pf- pocket costs incurred, but in no event attorney’s fees. . For the avoidance of doubt, to the extent that Indonesian legislation applies, nothing in these Official Rules shall limit or exclude either party’s liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of law.

Interpretation; Governing Law; Jurisdiction:

. In the case of any dispute about the interpretation of these Rules, the organizing entities’ decision as to the interpretation shall be final and Contestant shall be bound by the organizing entities’ decision. . The interpretation and enforcement of these Official Rules will be governed by the laws of Indonesia. The Contest is subject to all applicable, as the case may be, national and local laws. The Contestant and the organizing entities agree to the extent permitted by law to submit all disputes arising out of or relating to these Official Rules or the Contest to, and hereby waive any objection to the exclusive jurisdiction and venue of Jakarta (Indonesia). If necessary any provision of these Official Rules which is found to be invalid by a court of competent jurisdiction shall be deemed to be struck out from these Official Rules. . The Contestant agrees that the ability to participate in the Contest and to compete for the prizes offered in connection with the Contest constitute, where required, sufficient consideration for the Contestant’s obligations under these Official Rules.