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: Presented to:

EDA, EARL KLIEN
DAISOG, JOHN Dr. Tomas U. Ganiron, Jr
RANDOLF SESCAR,
CZARINA MAINE
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 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 diamond-
tipped calibrators; and
finally they are treated
Tureks innovative
to simulate ageing.
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 -Tureks, for instance, made
Turkey have an application for its
recognized the simulating ageing treating
importance of process with TPI in 1996.
protecting their
-Branding has also proven
innovations and
to be an important strategy
brands with the IP
for Tureks
system.
 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 socio-
economic 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 •For generations, the indigenous community of Olinala crafted
AND 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
CRAFT OF in their cultural and geographic heritage, built local, national and
international commercial networks, and set about reviving their
PROGRES economy while preserving their environment and culture.