Transcript Innovation and Development

Innovation and
Development
Skolkovo Foundation
April 2014
Margaret Chon
Donald & Lynda Horowitz Professor for the Pursuit of Justice
Seattle University School of Law
What is the fundamental public
policy of intellectual property?
Exclusive rights (private)
Access (public)
= INNOVATION
Access to Medicines:
Patent policy
Access to Knowledge (a2k):
Copyright policy
UN Millennium Development Goals
1.
2.
3.
4.
5.
6.
7.
8.
Eradicate extreme poverty and hunger
Achieve universal primary education
Promote gender equality and empower women
Reduce child mortality
Improve maternal health
Combat HIV/AIDS, malaria, and other diseases
Ensure environmental sustainability
Develop a global partnership for development
Human Development Index
(HDI)
HDI World Map (2013)
Current HDI Russia Map
(2010)
0.900 and over
0.850–0.899
0.800–0.849
0.750–0.799
Map showing the detailed HDI of Russia by regions (2010).
Moscow
Tomsk Oblast to St. Petersburg
Vladimir Oblast to Sakha Republic
Tuva to Adygea
Global Inequality
Global Map of relative proportion of world’s population.
Global Inequality
Global Map of proportion of worldwide earnings (in purchasing power parity)
from royalties and license fees earned.
Global Inequality
Global Map showing proportion of research and development spending
that is spent there.
Primary Education Enrollment
Territory size is proportional to the number of all children enrolled in
primary education who are enrolled in that territory.
Spending on Primary Education
Territory size shows the proportion of all spending on primary education,
when measured in purchasing power parity US$.
Tertiary Education Enrollment
Territory size shows the proportion of people worldwide enrolled in
tertiary education who live there.
Two Stories of
Innovation and Development
Bottom up or development as freedom
• Education is a foundation – need to build capacity
• Imitation and diffusion of technology will lead to
innovation and growth
Top down or development as growth
• Assumes that a certain level of educational
capacity for innovation already exists
• “Trickle down” or “lifted boats” effects
WIPO Development Agenda (2004)
• Time for assessment? 10 years.
• Copyright:
• Marrakesh Treaty
• Other exceptions and limitations for education?
• E.g., Cluster B proposals include asking WIPO
“to examine the flexibilities under the TRIPS
Agreement . . . with a view to giving practical
advice to developing . . . countries on how to .
. . elaborate a mechanism to facilitate access
to knowledge and technology.”
17 USC 107: Limitations on Exclusive
Rights: Fair Use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a
copyrighted work, including such use by reproduction in copies or
phonorecords or by any other means specified by that section, for
purposes such as criticism, comment, news reporting, teaching (including
multiple copies for classroom use), scholarship, or research, is not an
infringement of copyright. In determining whether the use made of a work
in any particular case is a fair use the factors to be considered shall include-
(1) the purpose and character of the use, including whether such use is of
a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the
copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use
if such finding is made upon consideration of all the above factors.
Thank you!
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