Intellectual Property Rights in a Global Economy

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Intellectual Property Rights in a Global Economy

• Steve Baron
• April 3, 2003

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Context of the Global Economy

• World population 6.2 billion
• U.S. population 281 million
• U.S. population 4.5 of World Population

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Context of the Global Economy

• As a main source of wealth creation, intellectual
  capital surpassing in importance the components
  of physical capital
• Land
• Natural Resources
• Manual Labor

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Context of the Global Economy

• In the Internet Age, intellectual capital is
  highly mobile
• National boarder is no longer a viable line to
  manage IP rights
• Yet, IP law remains grounded in a national system

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Context of the Global Economy

• Are global IP rights locking up knowledge in
  favor of developed countries and to the detriment
  of the developing world?
• But, in the absence of effective IP protection in
  the developing world, will the developed world
  impose a unilateral trade barrier on the
  developing nations?

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Context of the Global Economy

• Queries
• How to devise a mechanism for protecting
  industrialized countries intangible wealth?
• How to secure cooperation from developing
  countries who must forgo an economic windfall
  from misappropriating intellectual property?
• How to provide access to the developing world to
  the intellectual property?

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Sources of International Law

• International conventions
• International custom
• General principles of law
• Judicial decisions

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Sources of International Law

• International Conventions
• Treaties
• Bilateral Agreements (between 2 states)
• Multi-lateral Agreements

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Sources of International Law

• International Conventions
• Paris Convention for the Protection of Industrial
  Property (1883)
• Berne Convention for the Protection of Literary
  and Artistic Works (1886)
• Agreement on Trade Related Aspects of
  Intellectual Property Rights (TRIPS) (1995)

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Sources of International Law

• International custom
• General practices accepted as law that evolve
  over a substantial period of time and give rise
  to consistent patterns of conduct between or
  among countries

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Sources of International Law

• General principles of law recognized by civilized
  nations
• Common to different legal systems
• Equitable Maxims
• He who seeks equity must do equity
• Equity looks to intent rather than form
• No one may transfer more than he has

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Sources of International Law

• Judicial Decisions
• Little judicial precedent on an international
  level to draw from
• Under WTO - TRIPS Agreement case law beginning
  to emerge
• No stare decisis judges need not follow
  precedent, but need only consider prior decisions

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Multilateral Organizations

• WIPO World Intellectual Property Organization
• WTO World Trade Organization

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Multilateral Organizations

• WIPO
• Located in Geneva, Switzerland
• Created by a convention that took effect in 1970
• Staffed by about 900 people

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Multilateral Organizations

• WIPO Programs
• Global Protection Systems
• Progressive Development of International IP Law
• Cooperation for Development
• Inter-office Technical Cooperation
• Dispute Resolution between Private Parties

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WIPOs Global Protection Systems

• WIPO administers four systems which enable users
  to apply for and obtain protection of IP rights
  from multiple countries through a single process.
• Patent Cooperation Treaty 100 states
• Madrid Protocol Trademark Registration 51
  states
• Hague Agreement Concerning International Deposit
  of Industrial Design 29 states
• Lisbon Agreement for Protection of Appellation of
  Origin 18 states

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WIPO Development of Intl IP Law

• E.g. WIPO prepared and delivered to Internet
  Corporation for Assigned Names and Numbers
  (ICANN) a process to register Internet domain
  names

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WIPO Cooperation for Development

• WIPO offers legislative and administrative advice
  for developing countries

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WIPO Inter-Office Technical Cooperation

• Standardization of Practices
• Administers international classification systems
  for patents and trademarks

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WIPO Dispute Resolution

• Provides a forum for parties to resolve
  international IP disputes

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World Trade Organization (WTO)

• Global international organization dealing with
  the rules of trade between nations
• Established 1995
• Located in Geneva, Switzerland
• 146 member countries

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Functions of WTO

• Administering WTO trade agreements
• Provides forum for trade negotiations
• Assists in handling trade disputes
• Monitors national trade policies
• Assistance and training for developing countries
• Cooperates with other international organizations

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Quote of the Day

• The spirit of resistance to government is so
  valuable on certain occasions that I wish it to
  be always kept alive.
• Thomas Jefferson