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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

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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

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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

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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

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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)

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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

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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

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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

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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

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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)

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Role of Intergovenmental Organizations (3)

Attention to the communication between countries and with the “civil society” so as to restore confidence