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Stimulate creativity and inventiveness Protection for investments

WIPO/INV/BEI/02/2.a Rationale for IP protection prepared by Mr. Henry Olsson, Special Government Advisor, Ministry of Justice, Stockholm. Stimulate creativity and inventiveness Protection for investments Recognition of moral interests of inventors and creators. Challenges: Background.

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Stimulate creativity and inventiveness Protection for investments

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  1. WIPO/INV/BEI/02/2.aRationale for IP protectionprepared by Mr. Henry Olsson, Special Government Advisor, Ministry of Justice, Stockholm • Stimulate creativity and inventiveness • Protection for investments • Recognition of moral interests of inventors and creators

  2. Challenges: Background • Growing importance of IP in terms of economy and trade; effects of globalization • New attention to IP in “the civil society” • Challenges to effects of globalization • Challenges against international organizations in the IP field

  3. Controversial Issues GENERAL CONCERNS • IP protection being ever further strengthened • IP perceived more as protection of economic interests than as stimulating creativity • IP perceived as protecting producers rather than creators

  4. Controversial Issues (2) SPECIFIC CONCERNS • Certain features of patent protection for pharmaceuticals • Effects of plant variety protection • Patent protection for genome • Long and strong protection in the high technology field

  5. Controversial Issues (3) • Protection of traditional knowledge and of folklore • Protection of genetic resources • Protection of geographical indications • The “cultural exception” (to protect expressions of national culture)

  6. Controversial Issues (4) • Use of public funds to fight piracy, i.e. to protect private interests • Investments needed for setting up of enforcement systems for the benefit of right-owners in other countries

  7. Mitigating Negative Effects • Globalization and strong IP protection is here to stay. Is part of the “New Economy” developing in the world today • Negative perception of IP could be mitigated - strong competition law - good information dissemination about IP and its positive effects

  8. Mitigating Negative Effects (2) • Provision of practical advice on how to handle IP matters nationally and interna-tionally in the new environment • Stressing the positive effects of IP so that it is not seen as something imposed from outside

  9. Role of International Organizations, especially WIPO • Attention to be given to the justification and effects - positive and negative - of increased IP protection • Designing IP law to suit the context of national economies • In-depth technological analysis as a basis for proposals for new legislative solutions

  10. Role of International Organizations (2) • Attention to be given to how much IP law can be “stretched” to new phenomena • Continuation of close cooperation in particular between WIPO and WTO • Capacity-building (to put countries on an equal level)

  11. Role of Intergovenmental Organizations (3) • Attention to the communication between countries and with the “civil society” so as to restore confidence

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