Transcript Roundtable on Integrating Small and Vulnerable Economies

Roundtable on Integrating Small
and Vulnerable Economies in the
Multilateral Trading Systems
Management & Protection of
Intellectual Property Rights - IPRs
Presented By:
Carol M. Simpson
Executive Director, JIPO
Attorney - at - Law
PAVING THE WAY TO GROWTH AND
DEVELOPMENT THROUGH THE PROTECTION
OF INTELLECTUAL PROPERTY RIGHTS
© JIPO 2008
IPR Administration
Two main issues for consideration:
1.
How do the constraints facing SVEs
impact on IPR Administration
2.
What role can IPR Administration
play in overcoming these constraints
© JIPO 2008
WHAT IS IPR Administration?
IPR Administration can be generally
defined as facilitating the protection
and promotion of creativity of local and
foreign creators and right-holders
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IPR Administration in a SVE Involves
:
Establishing international level of procedures and
facilities for the protection of IPRs
Providing Registration Facility for Trademarks,
Patents, Designs, Geographical Indications
Growing call for formal Copyright Registration
Educating the Public on the importance of IPRs, its
economic value, & the need for the protection of IPRs
Providing input for National Policy Development of
IPRs
Facilitating the Creative Community
(establishment of collecting societies)
© JIPO 2008
What are Challenges Facing
IPR Administration in a
SVE?
Small size:
Small IP Offices with small staff
complements
Few persons to carry out a large agenda
 IP office has to prioritise its activities
 Not physically possible to accomplish all
plans within short period of time with
limited resources

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Small IP Office
Linked to the constraints of a small office


Limited budget from which to fund a plethora of
activities
Education campaigns usually account for a large
proportion of activities such as the training of
police, judiciary, educating private and public
sector entities and IP sensitization in educational
institutions
© JIPO 2008
Challenges Facing IPR
Administration in a SVE?
Limited Economic Activity



Concentration of professionals in traditional
careers fields
(IP Specialists in Management, Finance, Science
and Technology are quite few in Jamaica)
Lacking personnel who can offer specialized
services also hampers the overall promotion of IP
Limited Public Awareness on IP
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What ROLE DOES IPR have in
OVERCOMING SVE constraints
IP - an opportunity for SVE’s to embark on a
path of sustainable economic growth and
development
IP - help in reducing negative impact of some
limitations faced by SVEs
IP - tool for protecting and promoting
“human capital” – Knowledge, Information,
Creativity and Innovation, a valuable
component in any form of economic activity
© JIPO 2008
What ROLE DOES IPR have in
OVERCOMING SVE constraints
IP - now seen as economic assets
IP - vehicle for wealth creation and
economic development for individuals,
businesses and nations
an ideology which is fast gaining
ground globally.
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“IP assets development and management:
A key strategy for economic growth”
Promoting IP for Development
Generate revenues from product sales and
licensing royalties
Increase GDP and products
Stimulate research and development (R&D)
based industries and create employment
Attract high-value foreign direct investment
and joint ventures
WIPO Publication – “IP Assets Development and Management: A key Strategy for Economic Growth”
© JIPO 2008
Recommendations for SVE’s
Economic Diversification into areas less
susceptible to risks
Building IPR administration, using IP as a
development tool and developing the creative
industries
Human creativity is borderless
unconstrained by geographic location or size
of population

the Caribbean abounds in natural, creative talent
UNCTAD Secretariat paper – “Structurally Weak, Vulnerable and Small Economies” (2007)
© JIPO 2008
Creative Industries as Profitable
Income-deriving Activities
WIPO study on the contribution of
Copyright-based industries to the economy of
Jamaica
These sectors accounted for 4.8% of GDP at a value of
J$29 billion or US$464.7 million
Creative Sectors - include Press and Literature, Music
and Theatrical Productions, Radio and Television,
Visual and Graphic Arts, which provide 3.03% of
total employment
© JIPO 2008
85
.9
%
8%
4.
1%
4.
5.
2%
Comparison with
Traditional sectors
Agriculture,
forestry and
fishing
Electricity and
water
Copyrightbased
industries
Other Sectors
Copyright-based industries
to the economy of Jamaica,
found that these sectors
accounted for 4.8% of GDP
Agriculture, forestry and
fishing which contributed
5.2 %
Electricity and water which
contributed 4.1%
© JIPO 2008
Copyright Sector & the Jamaican Economy
Copyright sectors can become one of the
main sectors leading the Jamaican economy
However, to achieve this will require 



Investment in the human capital from primary school right
through to post-graduate level
Investment in public infrastructure to facilitate the
promotion of IP
private physical capital formation for creators and producers
of copyright assets.
A commitment by Government to invest in, develop and
manage IPRs effectively and efficiently
© JIPO 2008
Copyright Sector & the Jamaican economy
Also critical are strong partnerships between
the IP Office and other Agencies & Ministries
that handle other dimensions of developing
the IP Assets

For example; Business Development Centre, Trade
Promotion & Investment Agency, Financial
Institutions, Science and Technology R&D bodies,
and active and well-managed Collective
Management Organisations.
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Integral Role of IP Office in assisting National
Collective Management Organisations
National Collecting Societies emerged in 1990’s
IP Office played a critical role in facilitating a
national initiative for the Collective Management of
Copyright
Legal guidance provided by IP Office helped CMO’s
avoid certain pitfalls or obstacles that would have
otherwise negatively affected their operations
Close collaboration between IP Office & Collecting
Societies on Negotiations with Public & Private sector
entities, Public Education, Anti-Piracy Programmes
etc.
© JIPO 2008
Conclusion
The vulnerabilities and limitations which SVE’s face
are real and in some instances irremediable
Survival is the key
Be active participants in multi-lateral trading system
Identifying our comparative advantages
Finding our niche and developing them through
proactive, targetted policies
IP is a Practical Tool for building national
competitiveness
© JIPO 2008
Thank You for Your
Attention
36 Trafalgar Road
Phone: (876) 754- 6360, 6350
4th Floor PCJ Building
Fax:
Kingston 10, Jamaica W.I.
E-mail: [email protected]
(876) 929- 1190
Visit our Web site at:
www.jipo.gov.jm
© JIPO 2008