Effects of Intellectual Property Rights (IPRs) in the Information Society Presenter: Nicodemus A....

Effects of Intellectual Property Effects of Intellectual Property Rights (IPRs) in the Rights (IPRs) in the Information SocietyInformation Society

Presenter: Nicodemus A. Ishmael (Multimedia University of Kenya)

KABARAK UNIVERSITY 3rd INTERNATIONAL CONFERENCE

October, 18th 201318-10-2013 Effects of Intellectual Property Rights (IPR) in the Information

Society

1

OutlineOutline1. Abstract2. Introduction3. Statement of the problem4. Objectives of the study5. Research Methodology6. Findings7. Conclusion8. Recommendations

18-10-2013 Effects of Intellectual Property Rights (IPR) in the Information

Society

2

AbstractAbstract• The right to own one's genius is not a

new concept. However, with the arrival of the digital age, it has become much harder to remain in control of one's intellectual property.

• Intellectual property has grown from the need to protect one's new invention; Knowledge is a stimulus for innovation, particularly in knowledge-based technologies…


Society

3

• …where large shares of technical know-how are embedded in final goods. Information goods are described as public goods: if information is disclosed to the public, its originator loses the advantages of propriety, but a new generation of know-how and ideas is stimulated and expanded as a result of its publication.


Society

4

• The paper examined the effects of intellectual property rights in the information society with aim to interrogate reforms and innovations that should spur quality and equity for sustainable development. To create a forum for discussion and exchange of current research findings among researchers, professionals and policy makers.


Society

5

• To provide a forum for industry players to show case their products and services as well as to provide a forum for university students to showcase their research and innovations.

• Key finding was that unlike physical property, intellectual property (ideas) isn't tangible and so enforcing intellectual property laws as they stand now is morally problematic.


Society

6

• There are alternatives to the way we currently handle intellectual property (for example, not acknowledging its existence), and they would be part of a comprehensive pursuit towards a more ethical, legal and/or social system.

• Anything short of discussing the ethical implications of intellectual property in the context of evaluating its worth would be short-sighted


Society

7

Introduction (1)Introduction (1)• Intellectual Property Rights (IPRs)

have become ubiquitous in the current debate and have emerged as the key issue of global innovation policy.

• The ‘Trade Related Aspects of Intellectual Property Rights’ (TRIPS) Agreement, signed in 1994 as a founding element of the World Trade Organization, represents the most important attempt to establish a global harmonization of Intellectual Property protection.

October-10-201318-10-2013 Effects of Intellectual Property

Rights (IPR) in the Information Society

8

Introduction (2)Introduction (2)• Intellectual Property in the United

States has become increasingly more important in the last decade. The right to own one's genius is not a new concept.

• However, with the arrival of the digital age, it has become much harder to remain in control of one's intellectual property. Intellectual property has grown from the need to protect one's new invention, such as soap, to the need to protect a slogan or a color.


Society

9

Introduction (3)Introduction (3)• In other words, intellectual property

rights no longer protect solely the interest of preserving a trade secret; it is now the interest to preserve one's monetary gain.

• Intellectual property, like physical property, is made, consumed, re-used, hoarded, and built upon.


Society

10

Introduction (4)Introduction (4)• As a result of the human interest in

and uses of the different kinds of intellectual property, it is a target of greed as well as survival. Unlike physical property, intellectual property (ideas) isn't tangible. Rather than stealing someone's idea, image, etc, one can simply copy it or use the idea to build something like a circuit board.


Society

11

Statement of the ProblemStatement of the Problem• Scholars in the field of innovation have

largely explored the mechanism that lies at the heart of the creation and diffusion of knowledge and innovation, as well as the mechanism of technological change. In this research we will briefly outline four learned lessons derived from this body of literature that are relevant to assessment of the current IPRs…


Society

12

• …controversy. Knowledge is not information. Successful knowledge transfer is not only a matter of transferring information, but it requires learning through acquiring a wide range of competences, skills and tacit knowledge. There is a basic distinction between information and knowledge. Information is a good that is costly to produce but which by the moment it becomes public can be appropriated and transmitted at very low costs.


Society

13

• Since all the costs are on the shoulders of the producers of information and there is no cost on the users, the lack of institutional protection would likely lead to an underinvestment in these activities (Arrow, 1962).

• But can the outcomes of the creative and innovative activities for which intellectual property is requested be considered information?


Society

14

• Knowledge is therefore rather different from information since no user will be in a position to gain economic advantages from it without an active learning effort and creative adaptive processes (Nelson and Winter, 1982, p. 60; Pavitt, 1987).

• But this is not the full story. There is another important aspect that makes the transfer of knowledge difficult to achieve: not all knowledge can be properly codified


Society

15

• An important component of knowledge is tacit (Polanyi, 1967) and not even those who have generated it are able to articulate it properly in manuals, blueprints, patents or other ‘codes’.

• A good cook is not necessarily able to transfer all his ⁄ her knowledge in a book of recipes. We are dealing with tacit knowledge when ‘we know more than what we can tell’ (Polanyi, 1967, p. 4).


Society

16

Objectives of the StudyObjectives of the Study1. To interrogate reforms and

innovations that should spur quality and equity for sustainable development.

2. To create a forum for discussion and exchange of current research findings among researchers, professionals and policy makers.


Society

17

RESEARCH RESEARCH METHODOLOGYMETHODOLOGY

• The study involved content analysis of existing literature on the subject of Effects of Intellectual Property Rights (IPR) in the Information Society.

• The methodology was found to be appropriate since the subject under study could not be measured using available data both primary and secondary and so the researcher relied on statistical and authority of other scholars.18-10-2013 Effects of Intellectual Property

Rights (IPR) in the Information Society

18

Key findings (1)Key findings (1)


Society

•A key characteristic of IPRs is that they can protect the codified knowledge but not the tacit knowledge. The picture is therefore more complex than it may appear in the first instance. First Lesson to learn is that; On one hand, the producers of knowledge have a wider battery of instruments to profit from it, ranging from selling the codified component through the.. 19

Findings (2)Findings (2)…IPRs system to transferring it

through direct contact (for example through teaching programmes, technical cooperation and so on).

• On the other hand, those willing to acquire knowledge should also invest their resources not just to buy IPRs, but also to get the infrastructures and the skills that make it possible…


Society

20

Findings (3)Findings (3)….actually to use knowledge for

economic purposes.• Without imitating it is impossible to

learn and innovate. The development of emerging economies is associated with creative imitation and absorption. Pablo Picasso once stated that ‘good artists copy, great artists steal’.


Society

21

Findings (4)Findings (4)• This also applies to knowledge

generation: innovation cannot be created in a vacuum but rather is bred in an environment of creative imitation.

• In the 19th century, Germany and the United States benefited from the knowledge developed in the United Kingdom.

.


Society

22

Findings (5)Findings (5)• In the second half of the 20th

century, all countries that successfully managed to catch up, including Japan, South Korea, Singapore and Taiwan, undertook a process of continuous adoption and imitation of technologies developed abroad.


Society

23

Findings (6)Findings (6)• Today, China, India and Brazil, among

others, are acquiring the knowledge developed in the Organization for Economic Cooperation and Development (OECD) countries.

• Every ‘emerging economy’ at some point in its history has relied on the adoption of foreign technologies.


Society

24

Findings (7)Findings (7)• Lesson 2. Technology transfer is a

multidimensional phenomenon and to be effective it should pay attention to the features of the host countries, including their stage of development, economic and industrial base, characteristics of the institutions and last and not least the IPRs regime. There is not a single channel that guarantees successful technology…


Society

25

Findings (8)Findings (8)• …and knowledge transfer. On the

contrary, each knowledge domain requires activating a variety of interconnected channels, including: (1) foreign direct investments, since the branches of multinational corporations in host countries often provide the most straightforward way to assimilate production methods of other countries;


Society

26

Findings (9)Findings (9)(2) joint ventures and strategic alliances,

which allow companies of different countries to combine their skills, resources and expertise; (3) technology licensing, which includes not just the acquisition of IPRs but also technical assistance and training; and (4) technology embodied in imports, especially in the case of capital goods and equipment.


Society

27

Findings (10)Findings (10)• Lesson 3: Knowledge is not about

plug and play. To adopt foreign technology is a costly activity requiring a big deliberate domestic effort. The availability of scientific knowledge and technology from abroad is only part of the story, but it is not as such sufficient to foster development driven by technological change.


Society

28

Findings (11)Findings (11)• The other part of the story is the

endogenous effort that catching-up countries should be willing to undertake. In order to make sense and exploit the spectrum of knowledge, competences and technologies coming from abroad, each country needs to develop an ‘absorptive capacity’


Society

29

ConclusionConclusion

•Intellectual Property Rights is an emerging threat not only to the academia but also to businesses, research institutions and the general public•Unless the young web survy learners are enlightened on the dangers of violation of IPR’s, not much curbing of the vice will be achieved.


Society

30

• As evidenced in the research, superpower countries in the G8 league stand accused on IPR violation and they cannot point an accusing finger on those engaged in the evil vice today, many have violated Patents, Copyrights, Industrial Designs, Trade & Service Marks.

• Information society bears the brunt of IPR violations as its easy to copy paste with the use of the ubiquitous internet.


Society

31

• Key noticeable examples in Kenya are the Kyondo (Ciondo)& Kikoi which were bought at Ngara market then trade-marked by Japanese abroad and the hit song MaryMela that was done in CD for audio but another artist did it for Video, thus denying the original owner rights to produce video and financially benefit from his sweat.


Society

32

Recommendations Recommendations • Tough legislative measures should be

taken to prevent rampant abuse of IPR as the owner of the IPR is disadvantaged when their creations are violated.

• The creators of Intellectual property should be encouraged to patent their work so that any violators are in turn brought to book.


Society

33

• Last but not least, Companies and countries should come up with research and development (R&D) & world class laboratories to come up with ways of harnessing & ennancing their discoveries.

• Kenya Industrial Property Institute should strive to protect young talents so that their ideas are not violated by helping them get patents and IPR’s

• Have enforceable IP Policy


Society

34

ReferencesReferences• [1]Author Unknown, The 212th Anniversary of the First American Patent Act, About.com

[http://inventors.about.com/library/weekly/aa073100a.htm]. • [2]Author Unknown, Computer Crime and Intellectual Property Section (CCIPS), Intellectual

Property Cases, United States Department of Justice, April 2005, [http://www.usdoj.gov/criminal/cybercrime/ipcases.htm]

• [3]18 U.S.C.Â§ 230 [4] Atlantic Monthly Co. v. Post Pub. Co. 27 F.2d 556 D.C. (Mass., 1928) • [5]U.S. v. Desktop Sales, Inc., N.D. (Il., 1998) • [6]Sony Corp. of America v. Universal City Studios, Inc. 464 U.S. 417, 104 S.Ct. 774 U.S.

(Cal., 1984) • [7]17 U.S. Code Â§ 1201- Digital Millennium Copyright Act, 1998 • [8]DMCA, Summary of the Digital Millennium Copyright Act of 1998, Keytlaw.com, December

1998 [http://www.keytlaw.com/Copyrights/dmcasummary.htm] • [9]Gumpert & Druker. The Digital Divide" in Communication and Cyberspace. (eds.) Strate,

Jacobson & Gibson. New Jersey: Hampton Press, 2003.


Society

35

• [10] Stanford Encyclopedia of Philosophy. "Computing and Moral Responsibility". Aug. 2004. [http://plato.stanford.edu/entries/computing-responsility/]

• [11]Dance, Frank E. X. "The Digital Divide" in Communication and Cyberspace. (eds.) Strate, Jacobson & Gibson. New Jersey: Hampton Press, 2003.

• [12]Shiode, Narushige. "A Brief History of Cyberspace". 2003. [http://www.casa.ucl.ac.uk/naru/2000330/index_old,html#oclc]

• [13]Giese, Mark. "The Digital Divide" in Communication and Cyberspace. (eds.) Strate, Jacobson & Gibson. New Jersey: Hampton Press, 2003.

• [14]Baase, Sara. A Gift of Fire. New Jersey: Prentice Hall, 2003. • [15]U.S. Copyright Office. "Copyright Basics". September 2000.

[http://www.copyright.gov/circ1.hmtl] • [16]http://www.wipo.int/about-ip/en/ • [17]Kamil, Idris. WIPO. Intellectual Property: A Power Tool for Economic Growth. June

2003. • [18]http://www.uspto.gov/main/patents.htm • [19]http://www.nlm.nih.gov/medlineplus/druginfo/medmaster/a697037.html • [20]http://www.intellectual-property.gov.uk/index.htm • [21]http://www.ipaustralia.gov.au/ip/index.shtml


Society

36

Q&AQ&AThank You!Thank You!

Nicodemus Aketch Ishmael

[email protected]


Society

37

Date post:	11-Jan-2016
Category:	Documents
Upload:	charlotte-spencer
View:	214 times
Download:	1 times

Effects of Intellectual Property Rights (IPRs) in the Information Society Presenter: Nicodemus A....

Documents