Enforcement of Intellectual Property Rights

1. Enforcement of Intellectual Property Rights Protecting creation and innovation. Victor M. Guizar Consultant

2. 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”.

3. WIPO AND THE ENFORCEMENT OF IP RIGHTS Vision The exploitation of the IP system is an important and powerful tool for wealth creation and poverty reduction Importance 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.

4. 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.

5. 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.

6. 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.

7. The Challenge of the Enforcement of IP Rights Damage & Consequences of IP infringements Economic 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.

8. The Challenge of the Enforcement of IP Rights Damage & Consequences of IP infringements Social 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.

9. 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.

10. Enforcement of IP Rights International & Regional Efforts Other recent developments: • WHO: IMPACT Project. • APEC: Intellectual Property Experts Group (IPEG). • G8 IPR Experts Meetings, Declarations. • ACTA Negotiations • Others.

11. WIPO AND THE ENFORCEMENT OF IP RIGHTS The 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.

12. WIPO AND THE ENFORCEMENT OF IP RIGHTS The Advisory Committee on Enforcement (ACE) • One single Committee in charge of global enforcement issues. • Excludes norm-setting • Fourth sessions (since June 2003).

13. WIPO AND THE ENFORCEMENT OF IP RIGHTS Enforcement 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.

14. WIPO AND THE ENFORCEMENT OF IP RIGHTS Enforcement and Special Projects Division Coordination 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.

15. WIPO AND THE ENFORCEMENT OF IP RIGHTS Enforcement 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.

16. WIPO AND THE ENFORCEMENT OF IP RIGHTS Enforcement 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.

17. WIPO AND THE ENFORCEMENT OF IP RIGHTS Enforcement and Special Projects Division Training 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).

18. WIPO AND THE ENFORCEMENT OF IP RIGHTS Enforcement 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/

19. WIPO Building respect for Intellectual Property.

20. Thank you Victor M. Guizar Consultant, Enforcement and Special Projects Division. E-mail: victor.guizar@wipo.int