enforcement of intellectual property rights protecting creation and innovation. victor m. guizar...
TRANSCRIPT
Enforcement of Intellectual Property
Rights
Protecting creation and innovation.
Victor M. GuizarConsultant
WIPO COMMINTMMENT
“Using intellectual property as a means of harnessing and spreading the power of human creativity and innovation so that
the people of every country, of ever community, can share their bounty”.
WIPO AND THE ENFORCEMENT OF IP RIGHTS
VisionThe exploitation of the IP system is an important and powerful tool for wealth
creation and poverty reductionImportance
Well-functioning IP mechanisms are the best means to ensure that the right holders and the society can reap the
benefits from the IP system.
Enforcement of IP Rights: protecting creation and
innovation.A balanced IP enforcement:
• Creates a positive environment for creation and innovation.
• Contribute to development of key industries. Some examples of on going efforts: Nollywood (Nigeria), tequila (México), publishing industry in Korea.
Enforcement of IP Rights: protecting creation and
innovation.• Adequate Enforcement protect intangible
assets.
• “Top brands” in 2008 (Businessweek):1. Coca-Cola: 66,667 mdlls.2. IBM : 59,031 mdlls.3. Microsoft: 59,007 mdlls.4. GE: 53,086 mdlls.5. Nokia: 35,942 mdlls.
The Challenge of the Enforcement of IP Rights
Forms of IP infringements:• Counterfeiting.• Piracy.
Some common affected products:• Computer software. • Music, films. • Automobile and air craft components.• Food and drinks.• Pharmaceuticals.
The Challenge of the Enforcement of IP Rights
Damage & Consequences of IP infringementsEconomic level:
• OECD: international trade in counterfeit and pirated products could have been up to USD 200 billion in 2005.
• Discourage international trade and foreign direct investment.
• Losses of direct sales revenues and taxes.• Undermine formal employments.• Others.
The Challenge of the Enforcement of IP Rights
Damage & Consequences of IP infringementsSocial level:
Recent analysis elaborated by WHO with inputs by OECD and the Pharmaceutical Security Institute indicates that probably:
• Over 50% of the medicines purchased over Internet could be counterfeit.
• Developing countries of Africa, some in Asia and Latin America, have areas with 5% to 30% of the medicines on sale probably counterfeit.
Enforcement of IP Rights International Efforts
Global Congress on Combating Counterfeiting and Piracy
• International public-private sector partnership• High level forum for shaping practical
strategies to combat counterfeiting and piracy.• Convened by INTERPOL,WIPO AND WCO in
cooperation with world’s business community: ICC,BASCAP,INTA,ISMA.
• Most recent meeting: Fourth Global Congress held in Dubai February 3-5,2008.
Enforcement of IP Rights International & Regional
EffortsOther recent developments:
• WHO: IMPACT Project.• APEC: Intellectual Property Experts
Group (IPEG).• G8 IPR Experts Meetings, Declarations.• ACTA Negotiations• Others.
WIPO AND THE ENFORCEMENT OF IP RIGHTSThe Advisory Committee on Enforcement (ACE)
Objectives:• Coordination with certain organizations and
the private sector to combat counterfeiting and piracy.
• Technical assistance• Promote and coordinate national and regional
training• Foster public education.• Facilitate exchange of information.
WIPO AND THE ENFORCEMENT OF IP RIGHTSThe Advisory Committee on Enforcement
(ACE)
• One single Committee in charge of global enforcement issues.
• Excludes norm-setting• Fourth sessions (since June 2003).
WIPO AND THE ENFORCEMENT OF IP RIGHTSEnforcement and Special Projects Division
Key Strategies:• Coordination and cooperation in the
field of IP Enforcement• Legal assistance to Member States• Training and Awareness-Raising• Exchange of Information.
WIPO AND THE ENFORCEMENT OF IP RIGHTS
Enforcement and Special Projects DivisionCoordination and Cooperation:
• Upon request by Member States, consultation meetings and briefings, in particular with delegations composed of senior members of the judiciary and high-level government officials.
• Joint activities and coordination meetings with intergovernmental organizations such as WCO,INTERPOL,WHO as well as non-governmental organizations.
WIPO AND THE ENFORCEMENT OF IP RIGHTSEnforcement and Special Projects Division
Legal Assistance to Member States:
• Upon request by Member States, WIPO prepared comments on draft laws and provided advice in areas of substantive IP law and enforcement.
WIPO AND THE ENFORCEMENT OF IP RIGHTSEnforcement and Special Projects Division
Training and Awareness-Raising:
• Upon request by Member States, WIPO organize tailor-made workshops, seminars and colloquia on enforcement of IP rights, focusing in the specific needs of the Member States, targeting diverse audiences: judges, customs officials, members of IP offices, representatives from the business community, and consumer groups.
WIPO AND THE ENFORCEMENT OF IP RIGHTS
Enforcement and Special Projects DivisionTraining and Awareness-Raising:
• Case books.- Publication of two Case books aiming to provide a practical tools for handling IP disputes especially for judges, and lawyers from common law countries (by Justice Harms) as well as civil law countries (by Judge Marais and attorney Lachacinski).
WIPO AND THE ENFORCEMENT OF IP RIGHTSEnforcement and Special Projects Division
Exchange of information:
• Newsletters: providing a source of information on the current global developments in the field of enforcement.
• WIPO Enforcement website: www.wipo.int/enforcement/en/
WIPO
Building respect for Intellectual Property.
Thank you
Victor M. GuizarConsultant, Enforcement and Special
Projects Division.E-mail: [email protected]