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Globalization of IPR

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Published on December 18, 2007

Author: Isab

Source: authorstream.com

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“Impact of Globalization of Intellectual Property Rights”:  “Impact of Globalization of Intellectual Property Rights” IP Justice Presentation at Shell Technologies Futures By Robin Gross Bangalore, India March 2007 www.ipjustice.org www.ipjustice.org Slide2:  www.ipjustice.org What are Intellectual Property Rights (IPR)? Monopolies on Knowledge Copyrights (music, movies, books, software, art, photos) Patents (inventions: technology, drugs, software, methods) Trademarks (marks used to distinguish goods and services) Trade Secrets (really contract law) Other: Data bases, geographical indicators, test data on drugs Slide3:  www.ipjustice.org Delicate Balance of Rights b/t Competing Interests - Just enough of monopoly to incentivize creativity - But not too much of monopoly to stifle future innovation - Creators get rights, & public gets rights Rights come with Important Limitations: Public Domain, Fair Use, Reverse-Engineering, Free Expression, Public Disclosure IPR is recent invention - only couple hundred years Technology Changes the Traditional Balance Slide4:  www.ipjustice.org Increase in Scope of rights Increase in Duration (term of protection) Elimination of Limitations & Exceptions to rights Increased Enforcement (criminal punishment for non-commercial infringement) Legal Liability for technology providers for other’s infringements with technology Recent Global Trend in IPR: Slide5:  www.ipjustice.org Pressure from West to Ratchet-Up IP rights IPR is National, But: International Treaties - Nations agree to protect other’s IPR WTO - TRIPS (Teeth: trade sanctions) UN World Intellectual Property Organization (WIPO) Regional and Bi-Lateral Trade Agreements Section 301 of 1974 US Trade Act - US President or USTR unilaterally sanction nations not providing “adequate protection” to US IPR (EU has similar provision) Internationalization of IPR “One Size Fits All” (X-Large) Slide6:  www.ipjustice.org Result of Globalization of IPR: Massive transfer of Wealth from South to North Most countries are developing and have different economic and social needs than IP exporters (only US & UK) IP importers required to adopt rules of IP exporters in order to participate in international trade Historically US became strong by being a “pirate nation” & other countries not permitted the same path of development Only VERY recently did the US become “religious” about IPR Slide7:  www.ipjustice.org Culturally Different Perspectives on IPR Example: China, Korea, etc. History of sharing, copying is tribute Today different cultures forced to adopt Western view on IPR Imperialism for Information Age? Slide8:  www.ipjustice.org Different Perspectives in Time on Creativity Example: Shakespeare, Chaucer, Milton are Infringers under today’s definition of IPR - Creativity was defined as creative imitation – collaboration with old work - Historically a higher order of creativity than achieved with complete originality (in copyright sense) - Today’s high value on originality is recent phenomenon “If I have seen farther than others, it is because I was standing on the shoulders of giants.” – Sir Issac Newton Slide9:  Relationship: IPR & Human Rights Freedom of thought, Freedom of Expression require access to ideas and information (& communications technology) Right to Education - to learn and teach ourselves Freedom of Scientific Research Reverse-Engineering – take it apart, figure out how it works, learn how to make it better “Right to Tinker” Intellectual Freedom www.ipjustice.org Slide10:  Relationship: IPR & Human Rights Education: Minds require knowledge to function and develop (just as bodies need food and medicine) Access to Knowledge is key in information society Technology gives unprecedented opportunity to expand human knowledge and development But also unprecedented means to restrict access to knowledge Ex: Digital Rights Management (DRM) www.ipjustice.org Slide11:  Relationship: IPR & Human Rights Possible Dangers: Risk moving into a “pay-per-use” society at a time of near zero cost to disseminate knowledge Level of education depends on parents’ income Archiving, Library Activities Prohibited Test: IPR Rules Shrinking or Increasing the Knowledge Gap? www.ipjustice.org Ethical Questions for Technology & IPR::  Ethical Questions for Technology & IPR: Digital textbooks that auto delete (DRM)? Trademarks on colors (electromagnetic spectrum), smells, shapes? Patents on algorithms? Patents on life, nature, & medicines? Copyright yoga poses? West patenting indigenous knowledge? Tax-payer funded research “locked up” www.ipjustice.org Slide13:  www.ipjustice.org “If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation.” ~ Thomas Jefferson

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