Transcript Intellectual Property as a Development Tool

3rd WIPO International Conference on IP
and the Creative Industries
24 - 26 February, 2010
Cali, Colombia
Carol Simpson
Executive-Director/Attorney-at-Law
© Jamaica Intellectual Property Office
Questions to consider
 Is IP a tool for development?
 What is ‘Development’ ?
 How can IP address development goals?
 The Jamaican experience
Examples of National Development Goals
 Social: Population that is healthy, well-educated,
highly skilled, free to express creativity and innovate
which leads to a vibrant, transformational culture
 Economic: stable economy, an enabling business
environment, strong physical infrastructure,
technology-enabled society, internationally
competitive local industries, prosperous citizens.
Other Development Goals
 Security: reduction in levels of crime and violence in the
country, which will encourage long-term investments.
 Effective Governance: strong and accountable
institutions; political commitment to proper and
transparent management of the public affairs of the nation.
 Sustainable Environment: promoting and
implementing agricultural and manufacturing practices
which respect the nation’s natural resources.
 The UN’s Millennium Development Goals -2000 includes
universal primary education, environmental sustainability,
poverty eradication and reduction of inequality, global
partnership for development
How Can IP Address These Goals?
 Each stage in the development of Intellectual Property
“a development tool ladder” can contribute towards
meeting the goals of economic and social advancement
1st Stage of IP Development
 Conception and expression of ideas, experimenting in
innovation
 Allows for self-expression and building of esteem,
talent and unique identity
 Individual and National level
 Results in vibrant culture, progressive society
Examples of Technological Advancements:
 APPLE iPhone, (allows video play back, games, email, web access, camera
and non game applications)
 iPod,
 iTunes and
 iLounge
2nd Stage of IP development
 End product or process containing the IP
 IP product/ process applied in the various domains of human
activity enhance daily life
 Examples:

Education – digital white boards, literary and cultural books

Health – new procedures

Government and Business: e-commerce, e -banking, e-voting

Technology: used in law enforcement - Wireless Crime Fighting
Measures,
rd
3
Stage of IP Development
 Economic exploitation of IP
 Provides business opportunities for micro to large
business
 Engender wealth creation
 Proper marketing of products and services are crucial
to the success or failure of a product/process and its
parent company
IP as a Valuable Asset
 IP is now recognized as one of the most valuable assets in
business transactions in the form of;
 Licensing Agreements –patents, copyright, trade marks
 Manufacturing
 Purchase or Distribution Agreements
 Mergers or acquisitions
Licenses provide

Royalty revenues to the owners of IP

Distribute products and technologies to licensees who
otherwise might not have had access to them

Licensees may also gain rights to create improvement or
derivative works and to develop their own IP assets, which
can be cross –licensed or

Licensed to others who may wish to exploit the work. This
creates a productive cycle of invention and business
transaction.
IP as the Driver of Economic Value –
Arguments against
IPRs may not realize their full economic potential due
to the following:
 IPRs create monopolies

IPR’s restrict exploiting useful technologies if
rights holders does not agree

IPR’s exclude and deter others from advancing the
state of knowledge by building on protected IP
IP as the Driver of Economic Value –
Arguments for
 Exclusive rights are for a limited period
 Initial shelter from market competition gives time to
reap financial reward from investments
 Shelter is limited to the precise terms of the claims of
the patent
 IPRs creates an incentive structure to encourage
research and development increases innovation
Changes In the IP Landscape
 Creative Industries – growing in developing
countries
 International brand appeal of Sport stars:
 Jamaica - Usain Bolt
 Argentina - Lionel Messi
 Portugal - Cristiano Ronaldo
 England - David Beckham
BOLT Experience
Fastest man in the world
 Jamaica Tourist Board (JTB) – Ad Campaign, with the
World’s fastest man giving a tour of Jamaica in record
time
 PUMA – The “Street Yaam Trainer”, a lifestyle version of
Bolt’s running shoes
 Chevron’s Texaco Brand - Introducing a new technology,
BMW motor car and the Techron fuel additive
Nation Branding – Tool for Development
Concept of Nation Branding - means of highlighting the
Creative Distinctiveness of each nation
Scientific/Innovative
Musical
Artistic
Sports
COLOMBIA - Is Passion
 2005 - “Colombia Is Passion”
 Marketing t-shirts, mugs, pencils, sweaters, hats,
umbrellas, stickers, flags, etc
 Strong sense of belonging among Colombians
“Colombia is Passion is a competitiveness strategy
that strives to strengthen the image of our country”
SOUTH AFRICA – “Proudly South African”
 2001 –’Proudly South African’
 To encourage economic transformation and job growth
through the promotion of local products and services
 Modeled on the Made in Australia campaign
 Successes: growth and local support
 Only member companies can use the ‘Proudly South African’
logo on their products to identify themselves to consumers
Importance of a Brand Identity
Brands : Best ambassadors of a country
 BMW - Germany
 IKEA - Sweden

Armani - Italy

What happens when a famous brand is not
related to its country of origin ?
The JAMAICAN EXPERIENCE
 Jamaican traditional sectors have lost their earning power.
 Creativity - one of Jamaica’s most distinguishable assets and
competitive advantage as a country.
 Jamaican music, fashion, dance and cuisine influences global
pop culture . Historical influences - Graveyism, Rastafari
and Reggae Music
 Jamaica’s exploitation of the Creative Sector
is vital if it is to realize development gains
from international trade
What steps are Jamaica taking ?
 ‘Brand Jamaica’- campaign to expand the country’s profile
from a leisure destination to business destination
 Marketing of Jamaican IP through GI’s –enhanced marketing
of internationally established products, e.g. rum, jerk sauce
coffee.
 Diverse creative products : state-of-the-art recording studios,
collaboration with top international artists, fashion brands,
production houses. WIPO Copyright Study (2007) copyright
sector = 4.8% GDP
What
Sports Branding
ManyJamaica
Athletes associated
steps–are
Takingwith
? international
sports companies such as Puma, Nike, Addidas
 Training and educating on IPR’s, business and other professional
skills
 Encouraging financial and banking institutions to change mind-
set on investing in IP
 Experience of Visual Arts community with assistance of the
EXIM Bank
CONCLUSION
 Every culture has unique innovative responses
to the challenges of each new era
 IP provides vehicle to nurture and promote
different forms of expressions for the benefit
of individual creators and the supporting
community
 How has IP impacted development in your
country ?
Thank you !!
 Carol Simpson
 Executive Director
 Jamaica Intellectual Property Office
 February 2010