the way forward for intellectual property internationally

[23], Robust intellectual property rights spur innovative activity by increasing the appropriability of the returns to innovation, enabling innovators to capture enough of the benefits of their own innovative activity to justify taking considerable risks. This has contributed to a complicated, confrontational, and inconsistent norm-setting and rule-making process around intellectual property globally. Intellectual Property Enforcement Coordinator provides a useful model. This unprecedented increase, which has be … 1 (2008): 89-110. In April 2017, UNCTAD, UNDP, and the Joint United Nations Programme on HIV/AIDS organized a joint workshop on tech transfer and public health to essentially advise a range of African countries on how to interpret TRIPS and use provisions such as those for compulsory licensing. [109]  See: Nigel Cory, “How Website Blocking Is Curbing Digital Piracy Without ‘Breaking the Internet’” (The Information Technology and Innovation Foundation, August, 2016), http://www2.itif.org/2016-website-blocking.pdf. [87] Thus, the intention of an innovation mercantilist strategy is not so much to maximize national- and global-level innovation and the role it plays in driving long-term economic growth, but to ensure innovation’s outputs—ideas, goods, services, and exports—are produced in one’s own country. Submission on intellectual property and medicine, accessed April 15, 2019, http://www.columbia.edu/~jb38/papers/pdf/FT_Submission_on_IP_Medicines.pdf; Mark Horowitz, “Jagdish Bhagwati: Keep Free Trade Free,” Wired, September 22, 2008, https://www.wired.com/2008/09/sl-bhagwati/; “Letter to the editor of the financial times (February 21, 2001),” Info Justice website, accessed April 15, 2019, http://infojustice.org/wp-content/uploads/2016/09/bhagwati-LTE-financial-times-02142001.pdf. We call on the EU Commission to finally intensify its work and lead the way to build an effective global health policy. [23]. A global EPSCOR could be funded through a number of different mechanisms and stakeholders. This inevitably means the focus for those countries wanting to make progress on intellectual property, trade, and innovation needs to look toward bilateral or more narrow multilateral agreements and levels of cooperation between leading countries and their IP agencies and those wanting to enact domestic policies which contribute more powerfully to global innovation. IPR opponents blame developed countries (especially the United States), as they view these countries as using IP as a form of “economic imperialism.” This is a mainstay position for opponents who remain entrenched in the traditional “North vs. South” view of international relations, economics, and political policy. [11]. From this view, “innovation” really just helps countries replace imports with domestic production and unfairly promote exports. In particular, the TPP debate was indicative of how opposition to intellectual property is often aligned with broader opposition to related issues, especially the role of trade agreements in enabling closer economic integration and the role played by large companies in the global economy. However, the ad hoc approach that largely defines some leading countries’ approach to innovation and IP at the international level has proven ineffective in driving such an agenda. /Producer (�� w k h t m l t o p d f) monitor and supervise Nigeria’s position in respect of international conventions relating to industrial property matters and to advise the Government on these matters periodically. There can also be cleavages between the positions held by a country’s representatives at WTO, WIPO, and UNCTAD and officials from the respective agencies that actually work on economic policy, science and technology, and intellectual property back in the country’s capital. But this framing—which is increasingly reflected in global dialogues—is fundamentally misguided and fails to recognize the long-term negative impacts such a policy framing would have on global innovation and productivity, while distracting attention and resources from far-preferable domestic policies that could genuinely support the development, deployment, adoption, and absorption of new technologies by emerging economies. [17] Chemicals, electronics, business services, and wholesale and retail trade are some of the sectors most actively pursuing co-inventions and GINs. A geographical indication (GI) is a name or sign used on products which corresponds to a specific geographical location or origin (e.g., a town, region, or country). [33], Academic research also signals a strong correlation between IPR and technology transfer. Ideological opponents who reject intellectual property rights make a number of specious arguments about how IP is a tool to limit growth in developing nations and how nations’ IP provisions should be viewed as a totally sovereign, “behind the border” issue. Reshoring is the relocation of production facilities to, or the creation of new ones in, the United States. For instance, in 2014, researchers at the University of Utrecht in the Netherlands found that, on average, essential medicines are available in public-sector facilities in developing countries only 40 percent of the time. Stephen J. Ezell is ITIF vice president for Global Innovation Policy and focuses on science, technology, and innovation policy as well as international competitiveness and trade policy issues. [75]. [159]. Designs specify how products look. Stephen Ezell, Mark Schultz, and David Lund, “Innovate4Health: How Innovators Are Solving Global Health Challenges” (Information Technology and Innovation Foundation and Center for the Protection of Intellectual Property, April, 2018), http://www2.itif.org/2018-innovate-4-health-case-studies.pdf?_ga=2.181250279.1944981986.1556039892-719207280.1528225744. << Robert D. Atkinson, “How Can We Boost Productivity?” National Journal Expert Blogs-Economy, August 9, 2010, http://economy.nationaljournal.com/2010/08/how-can-we-boost-productivity.php. [151]. Wolfgang Keller, "International technology diffusion," Journal of economic literature, 42, no. United Nations Conference on Trade and Development (UNCTAD), Periodic Report 1986: Policies, Laws, and Regulations on Transfer, Application, and Development of Technology (Geneva: UNCTAD, 1986). Michael Geist, Richard Gold, David Lametti, and Ariel Katz. [46]. These organizations are especially active at WIPO and WTO, and in United Nations agency discussions, sometimes, as in the case of the South Centre, working as advisors to developing countries that oppose intellectual property at these agencies. [144]. Yang and Kuo argue that stronger IPR protection improves the export performance of firms benefitting from technology transfer. Patents, Copyrights, and Inequality” (Center for Economic and Policy Research, October 2018), http://cepr.net/publications/reports/is-intellectual-property-the-root-of-all-evil-patents-copyrights-and-inequality. (Paris: Organisation for Economic Cooperation and Development Publishing, Paper No. >> Keith Maskus, “Private Rights and Public Problems: The Global Economics of Intellectual Property in the 21st Century“ (Washington, D.C.: Peterson Institute, 2012). This reality evokes Schumpeter’s dictum that “every piece of business strategy must be understood against the perennial gale of creative destruction.” For if firms were assured at best only normal returns on successful innovations, none of them would undertake the enormous risk of investing in them. 3 0 obj [8]. OECD, World Top R&D Investors: Industrial Property Strategies in the Digital Economy (Brussels and Paris: European Commission and OECD, 2017), http://publications.jrc.ec.europa.eu/repository/bitstream/JRC107015/kjna28656enn.pdf. Critics of IP constantly try to frame IP as being irrelevant (or even, a barrier) to trade. ... and refusal — to honor intellectual property rights. Given the global nature of these networks, multinational corporations play a key role in driving this type of international innovation, although they are not the sole driver.[19]. Intellectual Property may sound like a modern-world invention, but it has actually been around since the development of civilization. Arti Rai et al., “Patent Reform: Unleashing Innovation, Promoting Economic Growth and Producing High-Paying Jobs” (Washington, D.C.: U.S. Department of Commerce, April 13, 2010), 2, http://www.esa.doc.gov/sites/default/files/patentreform_0.pdf. In Canada, these include academics such as Jeremy de Beer, Carys Craig, Michael Geist, Richard Gold, David Lametti, and Ariel Katz. In terms of technology transfer, green mercantilist countries require foreign firms seeking access to their market to relocate R&D facilities or explicitly transfer their technologies to domestic firms so domestic firms can more quickly gain technology-specific knowledge. European Intellectual Property Office (EUIPO) and the European Patent Office (EPO) from September 2019, 4 IPR-intensive industries 5 generated around 84 million or 38.9% of all jobs in the EU during the period 2014-2016 (including indirect jobs 6 ). Electronic Frontier Foundation, “Cory Doctorow Rejoins EFF to Eradicate DRM Everywhere,” press release, January 20, 2015, https://www.eff.org/press/releases/cory-doctorow-rejoins-eff-eradicate-drm-everywhere. The USPTO contributed 63,000 swiss francs (approximately $61,000 at the time) in 2017. [48] For example, Ryan, in a study of biomedical innovations and patent reform in Brazil, found that patents provided incentives for innovation investments and facilitated the functioning of technology markets. The invitation to the 1872 Conference for International Patent Protection set forth compelling reasons for an international accord on industrial property protection, including changes in international trade policy, the rapid rate of innovation diffusion, and notions of unfair competition. [138]. Proponents of weak or non-existent intellectual property rules attack the link between intellectual property and trade despite the fact that countries have tied the two together since the earliest commercial agreements, which required protection for foreigners’ property interests, including IP rights. [134] Likewise, even though the U.S. State Department as an institution has largely supported strong IP rights, some individuals in the department have argued for weak IP provisions along the lines that weak IP provisions would help the developing nations they are tasked with helping. IP opposition can also involve these organizations actively advising governments of their preferred interpretation, even when it relates to an agreement an agency is not mandated to interpret, enact, and enforce. For some, particularly those involved in development and diplomacy, weak IP is seen as a bargaining chip that can be “traded” to developing nations to either help them develop or as a trade for concessions on other issues (such as increased agricultural market access). Such an “all points” strategy would reflect the fact that proponents of weak intellectual property are pursuing a similar strategy. [143]. /Subtype /Image For one, not all of your employees need full access to the complete product in order to work on it. This effort certainly should not be the primary responsibility of any one country, but the United States and other developed countries have the ability to contribute to the FIT to make a global Established (previously Experimental) Program to Stimulate Competitive Research (EPSCOR)a reality, further driving science, technology research, and IP globally. As such, they help transmit information, ideas, and expertise among exchanging parties. Ironically, developing countries’ own economic development opportunities and intellectual property development potential are inhibited by their own weak intellectual property protections. A 2016 United Nations Development Programme (UNDP) report called for reforming global institutions and trade and investment rules. The ideas are based on some degree of continuity with current trade policies and institutions, and to a degree on new ones. [157]. Many opponents of robust IP protection share two major characteristics: a distrust of big business and a skepticism for private markets. United Nations Development Programme (UNDP), http://hdr.undp.org/sites/default/files/2016_human_development_report.pdf, http://unctad.org/en/Pages/MeetingDetails.aspx?meetingid=1411, The Ocean Conference Our Oceans, Our Future: Partnering for the Implementation of Sustainable Development Goal 14, http://enb.iisd.org/oceans/sdg14conference/enb/, https://www.ip-watch.org/2017/03/07/main-recommendations-un-high-level-panel-access-medicines-presented-wto/, https://corporatefinanceinstitute.com/resources/knowledge/economics/economic-rent/, http://www2.itif.org/2018-gtipa-summit-jasson-urbach.pdf, https://www.pc.gov.au/inquiries/completed/trade-agreements/report/trade-agreements-report.pdf, http://www.pc.gov.au/inquiries/completed/intellectual-property/draft/intellectual-property-draft.pdf, http://digitalcommons.law.uga.edu/cgi/viewcontent.cgi?article=1186&context=jipl, https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2605&context=faculty_scholarship, https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1225&context=yjil, http://krugman.blogs.nytimes.com/2015/04/26/this-is-not-a-trade-agreement/, https://www.huffingtonpost.com/joseph-e-stiglitz/trade-agreements-amount-to-corporate-takeover_b_7302072.html, http://www.columbia.edu/~jb38/papers/pdf/FT_Submission_on_IP_Medicines.pdf, https://www.wired.com/2008/09/sl-bhagwati/, http://infojustice.org/wp-content/uploads/2016/09/bhagwati-LTE-financial-times-02142001.pdf, https://bea.gov/scb/pdf/2014/09%20September/0914_multinational_enterprises_and_technology_transfer.pdf, http://www.wipo.int/edocs/pubdocs/en/copyright/891/wipo_pub_891.pdf, https://www.ic.gc.ca/eic/site/028.nsf/eng/00310.html, https://www.eff.org/deeplinks/2014/05/transpacific-plague, https://www.eff.org/press/releases/cory-doctorow-rejoins-eff-eradicate-drm-everywhere, Each Party shall adopt or maintain measures as may be necessary, consistent with its legal principles, to establish the liability of legal persons for offences described in paragraph 1 or 5.”, https://unitaid.org/assets/R22_2017-e_Go-ahead-IP-proposals-1.pdf, https://www.undp.org/content/undp/en/home/librarypage/hiv-aids/guidelines-for-the-examination-of-patent-applications-relating-t.html, https://www.innovationfiles.org/the-recommendations-the-un-high-level-access-to-medicines-panel-should-be-making/, http://www.who.int/phi/PAMTI_WHO-WIPO-WTO.pdf, http://dx.doi.org/10.1787/5kgdscrcv7jg-en, Intellectual Property Rights and Access to Innovation: Evidence from TRIPS, http://www2.itif.org/2012-fifty-ways-competitiveness-woes-behind.pdf, http://www.fiveipoffices.org//activities/harmonisation.html, https://www.wipo.int/cooperation/en/technical_assistance/, https://www.wipo.int/export/sites/www/about-wipo/en/budget/pdf/budget_2018_2019.pdf, https://www.wipo.int/cooperation/en/funds_in_trust/australia_fitip/index_old.html, https://www.wipo.int/cooperation/en/funds_in_trust/australia_fitip/news/2018/news_0011.html, https://www.wipo.int/cooperation/en/funds_in_trust/japan_fitip/, https://www.wipo.int/meetings/en/topic.jsp?group_id=283. William New, “UN Human Rights Council Adopts Access to Medicines Resolution,” Intellectual Property Watch, June 23, 2017), https://www.ip-watch.org/2017/06/23/un-human-rights-council-adopts-access-medicines-resolution/. Debates around human rights are often based on a very clear delineation of positive and negative duties of states, using a rhetoric of absolutes and unconditional entitlement. [86] This is devastating for innovation. [58]. Youtube % =B�" ������3vZ嬮��;��04���ؠ���Z)�����y����.N���Xj$r�܀��ڰ��G��'q�N��V�S�s�S�V��KU�@LJܛJ��Q0�ݣlbF��i@���V�r5 �Eu0!�?̾�q���`�|ԍRѢ��Ec�b{��=�^��)�\��NH>N5pU$w-�7Q�(�H���I�����z�����rNi�X����X3ˏ�C�8�:��x�}�T. on the Judiciary, 99th Cong., 2d Sess. [42] Similarly, Taylor showed that weak patent rights in developing countries lead enterprises from developed countries to introduce less-than-best-practice technologies to developing countries. /AIS false Some NGOs are issue specific (such as opposing copyright online, pharmaceutical patents, or tech transfers to developing countries), while others are cross-sectional in their opposition to broader contexts IP may be just one aspect of (such as trade agreements). Just as post-World War II trade agreements aimed at facilitating access to foreign markets for physical goods in a deliberate effort to maximize the gains from comparative and competitive advantage, so would the approach outlined in this paper seek to do this for services and knowledge-based goods, but with the aim of maximizing innovation. A 2018 draft of a revised South African IP policy weakened IPRs by making it more difficult to register patents and easier to break patents, and limiting remedies available to patent holders. Stephen J. Ezell, Adams B. Nager, and Robert D. Atkinson, “Contributors and Detractors: Ranking Countries’ Impact on Global Innovation” (Information Technology and Innovation Foundation, January 2016), http://www2.itif.org/2016-contributors-and-detractors.pdf.

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