Escolar Documentos
Profissional Documentos
Cultura Documentos
ECONOMIC BENEFITS
OF
INTELLECTUAL PROPERTY
PROTECTION
IN DEVELOPING COUNTRIES
by
Shahid Alikhan
OL - ;a;r)
WORLD INTETLECTUAL
PROPERTY ORGANIZATION
WIPO
RARY
LI B
FOREWORD
Kamil IDRIS
Director General
World lntellectual Property Organization
Geneva, March 9, 2000
1l
TABLE OF CONTENTS
Acknowledgements ......... v
CHAPTER 1
CHAPTER 2
111
CHAPTER 7
1V
ACKNOWLEDGEMENTS
2
Chapter I IP Systenr-A Catalyst for Development
9
CHAPTER 2
10
Chapter 2IP-Its Main Branches, Role and Importance
11
Socio-Economic Benefits of IP Protection in Developing Countries
t2
Chapter 2 IP-Its Main Branches, Role and Importance
13
Socio-Economic Benefits of IP Protection in Developing Countries
14
Chapter 2IP-Its Main Branches, Role and Importance
15
Socio-Economic Benefits of IP Protection in Developing Countries
16
Chapter 2 IP-Its Main Branches, Role and Importance
The role of
patents as an up-to-date source of
technological information and as a tool for the transfer of
technology has in the past been largely ignored. In an age
17
Socio-Economic Benefits of IP Protection in Developing Countries
18
Chapter 2 IP-Its Main Branches, Role and Importance
19
Socio-Economic Benefits of IP Protection in Developing Countries
20
Chapter 2 IP-Its Main Branches, Role and Importance
breeder's right under which farmers may freely produce seed for
use on his own farm ("farmer's privilege"). Like most other
intellectual property rights, the breeder's right does not extend
to activities done privately and for non-commercial purposes.
The exclusive right includes only production for commercial
marketing; it does not extend to production of propagating
material that is not for commercial marketing. Hence
production of seed, for example, by a farmer for subsequent
sowing on his own farm, falls outside the breeder's protection.
2t
Socio-Economic Benefits of IP Protection in Developing Countries
22
Chapter 2 IP-Its Main Branches, Role and Importance
23
Socio-Economic Benefits of IP Protection in Developing Countries
24
Chapter 2IP-Its Main Branches, Role and Importance
25
Socio-Bconomic Benefits of IP Protection in Developing Countries
26
Chapter 2 IP-Its Main Branches, Role and Importance
27
Socio-Bconomic Benefits of IP Protection in Developing Countries
28
Chapter 2 IP-Its Main Branches, Role and Importance
An
appellation of origin is constituted by the
denomination of a country, a region or a specific place which
serves to designate a product originating there, the characteristic
qualities of which are due exclusively or essentially to the
geographical environment. The use of an appellation of origin
is lawful only for certain persons or enterprises located in the
geographical area concerned and only in connection with
specific products originating.
29
Socio-Economic Benefits of IP Protection in Developing Countries
30
Chapter 2 IP-Its Main Branches, Role and Importance
31
Socio-Economic Benefits of IP Protection in Developing Countries
3 Cf. The Report of the WIPO Intemet Domain Name Process, which
examines many aspects of the issues that have arisen as a consequence
of the tension between the domain name system (DNS) and the system
for the registration and protection of trademarks, is available at
http : IIe commerce.wipo.int
32
Chapter 2 IP-Its Main Branches, Role and Importance
-a
JJ
Socio-Economic Benefits of IP Protection in Developing Countries
34
Chapter 2 IP-Its Main Branches, Role and Importance
35
Socio-Economic Benefits of IP Protection in Developing Countries
36
Chapter 2 IP-Its Main Branches, Role and Importance
37
Socio-Economic Benefits of IP Protection in Developing Countries
38
Chapter 2IP-Its Main Branches, Role and Importance
39
Socio-Economic Benefits of IP Protection in Developing Countries
40
CHAPTER 3
4t
Socio-Economic Benefits of IP Protection in Developing Countries
42
Chapter 3 Economic Value of Effective Protection of IP
43
Socio-Economic Benefits of IP Protection in Developing Countries
44
Chapter 3 Economic Value of Effective Protection of IP
45
Socio-Economic Benefits of IP Protection in Developing Countries
46
Chapter 3 Economic Value of Effective Protection of IP
small and medium enterprises (SMEs) have to use the latest and
newest technologies. An advance in technology should result in
a commodity with more attractive performance characteristics
and a product more saleable for the producer and less costly for
the consumer.
47
Socio-Economic Benefits of IP Protection in Developing Countries
48
Chapter 3 Economic Value of Effective Protection of IP
49
CHAPTER 4
51
Socio-Economic Benefits of IP Protection in Developing Countries
52
Chapter 4 Protection of Cultural Industry and Traditional Knowledge
53
Socio-Economic Benefits of IP Protection in Developing Countries
54
Chapter 4 Protection of Cultural Industry and Traditional Knowledge
55
Socio-Economic Benefits of IP Protection in Developing Countries
56
Chapter 4 Protection of Cultural Industry and Traditional Knowledge
57
Socio-Economic Benefits of IP Protection in Developing Countries
5
Reproduced ftom the Introduction in the booklet entitled The Fight Against
Piracy, by Denis de Freitas, Solicitor General of the former West
Indies; former Senior Adviser to the Performing Rights Society of the
U.K., and to the lnternational Federation of the Phonographic Industry
(IFPI); President of Honor of the British Copyright Society.
Publication by the lntemational Publishers' Copyright Council
(IPCC).
58
Chapter 4 Protection of Cultural Industry and Traditional Knowledge
It
may also be interesting to note that the share of the
copyright industry in the GNP of the United Kingdom exceeded
the share of the GNP of the motor car and food manufacturing
industries. In the United States, the core copyright industries
grew at over twice the annual rate of growth of the remainder of
the economy between 1977 and 1997,7 and were one of the
6
Quoted by H,C. Jehoram, Professor of Law, University of Amsterdam, in his
article in International Properry and Copyright Law No. 4, 1989.
'Cf. a paper on "Enforcement of Copyright andRelited Rights" by Eric H.
Smith, President, International Intellectual Property Alliance (IIPA),
Washington, presented at the Congress of the lntemational Literary
and Artistic Association (ALAI) in Berlin, on June 18, 1999. Cf.also
59
Socio-Economic Benefits of IP Protection in Developing Countries
60
Chapter 4 Protection of Cultural Industry and Traditional Knowledge
61
Socio-Economic Benefits of IP Protection in Developing Countries
62
Chapter 4 Protection of Cultural Industry and Traditional Knowledge
63
Socio-Economic Benefits of IP Protection in Developing Countries
64
Chapter 4 Protection of Cultural Industry and Traditional Knowledge
the total of such websites to over 1000 by the end of the year.
The country's e-commerce turnover is expected by 2002 to
reach US$1.2 billion (as per a source from the Ministry of
Information Industry quoted by The China Daily,
January 23,2OOO). As reported in the same newspaper, a recent
survey of 14 major cities conducted jointly by the Beijing based
China Mainland Marketing Research Company and certain
other research institutions across the country, indicated that by
the end of 1999, as many as 2l7o of urban families had
computers, a sharp rise from less than 37o in 1995.
r0
Cf. Study commissioned by the Business Software Alliance (BSA) and
conducted by Price Waterhouse Coopers, along with the Research
Centre of Computer and Microelectronics Industrial Development
(CCID). The said study is based on surveys conducred in Beijing,
Guangzhou, Shanghai and Shenzhen from July to September 1998, as
reported on in the China Daily, December 22,1998.
65
Socio-Economic Benefits of IP Protection in Developing Countries
" Cf. for packaged software figures in respect of Southeast Asian countries, a
study conducted by Price Waterhouse, commissioned by the Business
Software Alliance (BSA) entitled "Contribution of the Packaged
Software Industry to the Southeast Asian Economies," May 1998.
66
Chapter 4 Frotection of Cultural Industry and Traditional Knowledge
67
Socio-Economic Benefits of IP Protection in Developing Countries
68
Chapter 4 Protection of Cultural Industry and Traditional Knowledge
12
Op.cit., footnote 9,page6l.
69
Socio-Economic Benefits of IP Protection in Developing Countries
13
Cf. Annu.al Statistics, published by the International Publishers Association
(IPA), last updated August 9,1999.
ta
Cf.Trends in Developing Economies,1994, published by the World Bank.
GDP projections and some country economic figures in this Chapter
are based on information therein.
70
Chapter 4 Protection of Cultural Industry and Traditional Knowledge
7t
Socio-Economic Benefits of IP Protection in Developing Countries
72
Chapter 4 Protection of Cultural Industry and Traditional Knowledge
73
Socio-Economic Benefits of IP Protection in Developing Countries
74
Chapter 4 Protection of Cultural Industry and Traditional Knowledge
ls
Cf. for software figures, a study conducted by Price Waterhouse Coopers,
commissioned by the Business Software Alliance entitled
"Contibution of the Software Industry to the Latin American
Economies."
75
Socio-Bconomic Benefits of IP Protection in Developing Countries
76
Chapter 4 Protection of Cultural Industry and Traditional Knowledge
77
Socio-Economic Benefits of IP Protection in Developing Countries
78
Chapter 4 Protection of Cultural Industry and Traditional Knowledge
79
Socio-Economic Benefits of IP Protection in Developing Countries
80
Chapter 4 Protection of Cultural Industry and Traditional Knowledge
81
Socio-Economic Benefits of IP Protection in Developing Countries
82
Chapter 4 Protection of Cultural Industry and Traditional Knowledge
83
Socio-Economic Benefits of IP Protection in Developing Countries
84
CHAPTER 5
85
Socio-Economic Benefits of IP Protection in Developing Countries
Cf. pages 23-24 of WIPO's Program and Budget presented by the Director
General of WIPO to the Assemblies of the Member States of WIPO in
September 1999.
Cf. David N. Townsend, "Regulatory Issues of Electronic Commerce:
Briefing Report," to the 8th Regulatory Colloquium, 1998, of the
Intemational Telecommunication Union; also Global Internet Project,
Internet Foundations : Breaking Technology Bottlenecks, at
http://www.gip.org.
86
Chapter 5 Global Information Networks, Electronic Commerce and IP
people " are now stated to be regular users of the World Wide
Web, although this figure is growing exponentially, and by the
very beginning of the 21" century, this number is expected to
more than double. The number of lnternet users worldwide,
was expected to grow to one billion by 2005.
87
Socio-Economic Benefits of IP Protection in Developing Countries
88
Chapter 5 Global Information Networks, Electronic Commerce and IP
89
Socio-Economic Benefits of IP Protection in Developing Countries
This information society will react far into our daily lives
and will provide access to all forms of expressions of human
ingenuity and creativity.
90
Chapter 5 Global Information Networks, Electronic Commerce and IP
91
Socio-Economic Benefits of IP Protection in Developing Countries
92
Chapter 5 Global Information Networks, Electronic Commerce and IP
93
Socio-Economic Benefits of IP Protection in Developing Countries
94
Chapter 5 Global Information Networks, Blectronic Commerce and IP
95
Socio-Economic Benefits of IP Protection in Developing Countries
96
Chapter 5 Global Information Networks, Electronic Commerce and IP
97
Socio-Economic Benefits of IP Protection in Developing Countries
98
Chapter 5 Global Information Networks, Electronic Commerce and IP
99
Socio-Economic Benefits of IP Protection in Developing Countries
100
Chapter 5 Global Information Networks, Electronic Commerce and IP
101
Socio-Economic Benefits of IP Protection in Developing Countries
102
Chapter 5 Global Information Networks, Electronic Commerce and IP
103
Socio-Economic Benefits of IP Protection in Developing Countries
104
Chapter 5 Global Information Networks, Electronic Commerce and IP
105
Socio-Economic Benefits of IP Protection in Developing Countries
106
CHAPTER 6
to7
Socio-Economic Benefits of IP Protection in Developing Countries
countries.
108
Chapter 6 Innovation Management; SMEs and IP Offices
109
Socio-Economic Benefits of IP Protection in Developing Countries
110
Chapter 6 Innovation Management; SMEs and IP Offices
111
Socio-Economic Benefits of IP Protection in Developing Countries
112
Chapter 6 Innovation Management; SMEs and IP Oflices
113
CHAPTER 7
Transfer Of Technology-Its
Acquisition And Licensing
tt4
Chapter 7 Transfer of Technology-Its Acquisition and Licensing
115
Socio-Economic Benefits of IP Protection in Developing Countries
116
Chapter 7 Transfer of Technology-Its Acquisition and Licensing
t17
CHAPTER 8
Industrial Property
And Environmentally Sound
Technologies
118
Chapter 8 Industrial Property and Environmentally Sound Technologies
freely used, and if not, the identity of the owner who could be
approached for authorization to use the invention concerned.
119
Socio-Economic Benefits of IP Protection in Developing Countries
120
Chapter E Industrial Property and Environmentally Sound Technologies
t21
Socio-Economic Benefits of IP Protection in Developing Countries
t22
Chapter E Industrial Property and Environmentally Sound Technologies
27 Op.cit.,Chapter 34,p.2.
t23
CHAPTER 9
Modernization Of National
Intellectual Property Legislation
And Administration; Strengthening
Of The Intellectual Property System
For Technological Development;
Strong Patent Information System;
International Protection Of
Intellectual Property: Advantages
For Developing Countries
124
Chapter 9 Modernizing and Strengthening of the IP System
t2s
Socio-Economic Benefits of IP Protection in Developing Countries
126
Chapter 9 Modernizing and Strengthening of the IP System
127
Socio-Economic Benefits of IP Protection in Developing Countries
128
Chapter 9 Modernizing and Strengthening of the IP System
r29
Socio-Economic Benefits of IP Protection in Developing Countries
130
Chapter 9 Modernizing and Strengthening of the IP System
131
Socio-Economic Benefits of IP Protection in Developing Countries
132
Chapter 9 Modernizing and Strengthening of the IP System
133
Socio-Economic Benefits of IP Protection in Developing Countries
Cf. WIPO's publication No. 688 (E) of 1990 (reprinted 1993 and 1994)
entitled "Collective Administration of Copyright and Neighboring
Rights" for details. It is a study on, and advice for, the establishment
and operation of collective administration organizations, and as stated
in its Introduction, "the main author of the study is Dr. Mihdly Ficsor,"
then Director, Copyright Law Division, subsequently Assistant
Director General, WPO.
134
Chapter 9 Modernizing and Strengthening of the IP System
31
Cf. WIPO document CP/DMX/SYMI2, paper entitled, "The Setting-up of
New Copyright Societies: Experience and Reflections," prepared by
Ulrich Uchtenhagen, former Director General, Swiss Society for
Authors'Rights in Musical Works (SUISA), Zurich.
Ibid., foonote23.
135
Socio-Bconomic Benefits of IP Protection in Developing Countries
t36
Chapter 9 Modernizing and Strengthening of the IP System
t37
Socio-Economic Benefits of IP Protection in Developing Countries
138
Chapter 9 Modernizing and Strengthening of the IP System
139
Socio-Economic Benefits of IP Protection in Developing Countries
140
Chapter 9 Modernizing and Strengthening of the IP System
t4r
Socio-Economic Benefits of IP Protection in Developing Countries
t42
Chapter 9 Modernizing and Strengthening of the IP System
143
Socio-Economic Benefits of IP Protection in Developing Countries
144
Chapter 9 Modernizing and Strengthening of the IP System
145
Socio-Economic Benefits of IP Protection in Developing Countries
146
Chapter 9 Modernizing and Strengthening of the IP System
r47
Socio-Economic Benefits of IP Protection in Developing Countries
148
Chapter 9 Modernizing and Strengthening of the IP System
These treaties, viz., the WCT and the WPPT are also
known as the WIPO Internet Treaties. They include the most
upto date norrns in the fields of copyright and related rights, and
respond directly to the "digital agenda" in their provisions
dealing with the application of the reproduction right for the
storage of works in the digital systems; the limitations and
exceptions applicable in the digital environment; technological
measures of protection and rights management information.
t49
Socio-Economic Benefits of IP Protection in Developing Countries
150
Chapter 9 Modernizing and Strengthening of the IP System
151
Socio-Economic Benefits of IP Protection in Developing Countries
t52
CHAPTER 10
Effective Enforcement Of
Intellectual Property Rights
153
Socio-Economic Benefits of IP Protection in Developing Countries
r54
Chapter 10 Effective Enforcement of IP Rights
155
Socio-Economic Benelits of IP Protection in Developing Countries
156
Chapter l0 Effective Enforcement of IP Rights
r57
Socio-Economic Benefits of IP Protection in Developing Countries
158
Chapter 10 Effective Enforcement of IP Rights
159
Socio-Economic Benefits of IP Protection in Developing Countries
It
must be noted that even the customs services in
advanced countries often lack the expertise for identifying
infringing goods because of the sophisticated copying methods
being used by pirates and by counterfeiters. In addition they
have the responsibility not to unnecessarily impede or hinder the
flow of legitimate trade. It is important, therefore, to encourage
cooperation between right holders and customs officials, so that
the former could provide the latter with information and
intelligence about imports or exports of counterfeit or illegal
goods. This would then enable customs authorities to use the
information in pursuing their enforcement efforts as effectively
as possible. The necessary controls cannot be effectively
enforced unless there is close and continuing cooperation
between customs and right holders. Such cooperation is an
integral element of successful border enforcement strategy
against counterfeit and pirated goods. Such cooperation
between right holders and the customs should be a continuing
joint effort for ensuring efficient enforcement, and is important
particularly since, for example, modern print technology can
make a pirated edition almost indistinguishable from the
original.
160
Chapter 1.0 Effective Enforcement of IP Rights
161
Socio-Economic Benefits of IP Protection in Developing Countries
t62
Chapter 10 Effective Enforcement of IP Rights
163
Socio-Economic Benefits of IP Protection in Developing Countries
t64
Chapter 10 Bffective Enforcement of IP Rights
165
Socio-Economic Benefits of IP Protection in Developing Countries
166
Chapter l0 Effective Enforcement of IP Rights
167
Socio-Economic Benefits of IP Protection in Developing Countries
168
Chapter 10 Effective Enforcement of IP Rights
t69
CHAPTER 11
Institutional Framework I
Human Resource Development And
Awareness Building; Teaching Of
Intellectual Property; Inventors'
Associations; Intellectual Property
Institutes
170
Chapter lL HRD; Inventors Associations; IP Institutes
171
Socio-Economic Benefits of IP Protection in Developing Countries
t72
Chapter 11 HRD; Inventors Associations; IP Institutes
173
Socio-Economic Benefits of IP Protection in Developing Countries
174
Chapter 11 HRD; Inventors Associations; IP Institutes
175
Socio-Economic Benefits of IP Protection in Developing Countries
176
Chapter 11 HRD; Inventors Associations; IP Institutes
177
Socio-Economic Benefits of IP Protection in Developing Countries
178
Chapter 11 HRD; Inventors Associations; IP Institutes
179
Socio-Economic Benefits of IP Protection in Developing Countries
180
Chapter 11 HRD; Inventors Associations; IP Institutes
181
Socio-Economic Benefits of IP Protection in Developing Countries
182
Chapter 11 HRD; Inventors Associations; IP Institutes
There are also the much older institutions such as (i) the
Max Planck Institute for Foreign and lnternational Patent,
Copyright and Competition Law established in 1966 in Munich,
Germany; (ii) the Center for International Industrial Property
Studies (CEIPD established over 30 years ago in the University
183
Socio-Economic Benefits of IP Protection in Developing Countries
184
CHAPTER 12
Conclusion
185
Socio-Economic Benefits of IP Protection in Developing Countries
186
Chapter 12 Conclusion
t87
Socio-Economic Benefits of IP Protection in Developing Countries
188
Chapter 12 Conclusion
189
Socio-Economic Benefits of IP Protection in Developing Countries
190
Chapter 12 Conclusion
t9r
Socio-Economic Benefits of IP Protection in Developing Countries
192
INDEX
193
Information Superhighway, 54, 94
E Information Technology (IT), 39,
48, 56, 57, 61, 62, 63, 66, 73,
Economic value of IP protection, 75,77,92,144, fi1,191
38, 41, 42, 44, 45, 46, 47, 48, Institute for Intellectual Property
50,118,171,186 Training (IPTC), 183
Electronic Commerce and IP,7, Institute of Intellectual Property
29, 85, 88, 89, 90, 100, 101, Development (IIPD), 183
toz, to3, 104, 106, 151, 178, Interim Board of Internet
t9L Corporation of Assigned
Names and Numbers
(rcANN),33
F
International Association for the
Advancement of Teaching and
Folklore, Indigenous Culture and
Research in IP, 175
Traditional Knowledge, 50,
International Confederation of
80,81,83,84
Societies of Authors and
Foreign Direct Investment (FDI),
Composers (CISAC), v, 133
2,3,5,70,76,78
International Federation of
Inventors' Associations
G (IFIA), 180
International Federation of the
ll, 28, Phonographic Industry GFPI),
Geographical indications,
29,39, 127, 128 74, t67
International Intellectual Property
Alliance (IIPA), v, 87
H International Intellectual Property
Training Instifute (IIPTI), 112,
Hague Agreement, lO3, 147, l9O t82
International Pub lishers
Association (IPA), v, 7 l, 73,
I 167
lntemational Publishers
Industrial designs, 10, 11,21,22, Copyright Council (IPCC), 96
39,47, rO3, 127, L47, 17l, Internet Assigned Numbers
190 Authority (IANA), 88
Industrial Property, 25, 28, 42 Inventors' Association, 170, t79
Center for Intemational IPR court, 69
Industrial Property, 183
industrial property protection, 34,
137 J
Industrial property protection, 1 6,
46, 8t, 91, 101, tt0, tt2, tr3, Japanese lnstitutes, 48, 127
14, 1 18, 126, t28, t40, t4t,
1
142, r52,156, 168, 183, 190
Industrial Property protection, 35
t94
L S
M T
Madrid Agreement and its Trademarks, 10, I 1, 22, 23, 24,
Protocol, 23, lO3, L4O, 147, 29, 30, 39, 47, 66, 103, 109,
190 tt6, t27, 128, 138, 146, t47,
Max Planck Institute, 183 157,158, 168,171,187
Member States, 7, 9, 14, 26, 27,
33,35, 100, 142, 146
U
19s
WIPO Performances and WIPOnet, 102, 103
Phonograms Treaty (WPPT), World Bank, 3, l2l,l29
55, 100, 103, 148, 149, 150, World Customs Organization
151, 190 (WCO), 161
WIPO Performances and World Health Organization
Phonograms Treaty (WPm), (WHO), 128, 130
75,1& World Wide Web, 86,87,91
WIPO's Distance Learning
Program, 102,177
196
ABOUT THE AUTHOR
Mr. Shahid Alikhan, a national of India, is
a former civil servant who served in
senior capacities in various ministries of
the Government of India and led Indian
delegations to a number of meetings of the
t97
the All-India Management Association, the Federation of Indian
Chambers of Commerce and Industry, the Confederation of
Indian Industries and Indian Universities.
Mr. Alikhan is on the Governing Council of the Indian
Instititeof Intellectual hoperty Development, a senior
(Honorary) Adviser to the World Association of Small and
Medium Enterprises, a member of the Editorial board of the
monthly Journal of Intellectual Property Rights of the National
Institute of Science Communication in New Delhi.
198