NERIMarkAnthony-Intellectual Property Right and Economics

8/8/2019 NERIMarkAnthony-Intellectual Property Right and Economics

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Report by: Mark Anthony Neri

Economics for Managers


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What is Intellectual Property?yAnything that is intellectually created or manually

conceived by a person or a group

y Gives them the right to have exclusive use of that ideaor creation.

y Exclusivity here pertains to the right of the inventor ofthe idea exclusive use to sell, appropriate and evenprohibit particular people to have access.


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Types of Intellectual Propertyy TRADEMARKS:

A mark or a sign thatidentifies ordistinguishes yourproducts from any

other brand out there.

ORIGINAL DESIGN

CURRENT DESIGN


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Types of Intellectual Propertyy COPYRIGHT:

y Protects the authors of writtenworks, texts and even artworks aswell as songs.

y anything that a person or a groupcan create can be copyrighted.

y Copyright spans from the life of

the creator + 50 years, which isthe limit for you to own and gaineconomic profits from yourintellectual property.

ARTWORK

WRITTEN

WORK

MUSIC


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Types of Intellectual Propertyy PATENTS:

y Govern protecting inventions

and innovationsy Covers things/ideas that solve

specific practical problems orapplications

y Patents can only be applied tothings that have physicalrepresentation (5 senses)

Alexander Graham

Bells Telephone

Modern Telephone

Design


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Legislature on Intellectual

Property Rights: TRIPS agreement

yAgreement on Trade Related Aspects of IntellectualProperty Rights or commonly known as TRIPS

y Gives the minimum standards for any form ofintellectual property legislature or regulation which

will be applied to all members nations of the WTO

y 3 Basic Proponents of the Agreement:

1. STANDARDS:

2. ENFORCEMENT:

3. DISPUTE SETTLEMENT:


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STANDARDS:

y

Lays out the minimum standard that should beprovided by each member nation.

y Each of the main elements of protection is defined,namely by the subject-matter to be protected, therights to be conferred and all permissible exceptions


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Property Rights: TRIPS agreementENFORCEMENT:

y Deals with domestic procedures and remedies for the enforcementof intellectual property rights.

y Lays down certain general principles applicable to all IPRenforcement procedures.

y Each member country that are signatories to the agreement areleft to free to determine the most appropriate legislature in

implementing the agreed upon proponents in their respectivecountries


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DISPUTE SETTLEMENT:

y The Agreement makes disputes between WTOMembers about the respect of the TRIPS obligationssubject to the WTO's dispute settlement procedures.


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Legislature on Intellectual Property

Rights: Philippines Setting

Republic Act No. 8293 otherwise known as the IntellectualProperty Code of the Philippines

y The Intellectual Property Code of the Philippines isdivided into five parts, to wit:

PART I - The Intellectual Property Office

PART II - The Law on Patents

PART III - The Law on Trademarks, Service Marks and Trade Names

PART IV - The Law on Copyright

PART V - Final Provisions


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Offenses Against Intellectual

Property Rightsy Copyright Infringement / Piracy:

y Violation of intellectual

property right referring to thecopying or unauthorized useof copyrighted materialswithout the prior consent orpayment of royalties to thecreator.

y Does not limit to the actualuse of the original creation,but also through thederivatives of their creation


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Offenses Against Intellectual

Property Rightsy Counterfeiting:

y Imitate an original creation

and passing it over or sellingit as if it was an originalreaping the benefits of thatoriginals established worth.

y

It may also refer to forgeriesof currency like fake dollarsas well as documentforgeries.


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IPR and its Effects on Economics

and Tradey Effects of Intellectual Property and

Foreign direct Investment:

y For developed countries a strongIPR can create ownershipadvantages that will help inallowing firms to try its luck toinvest overseas.

y Developing countries can attractnew foreign investments if thereis a strong IPR legislature andimplementation force in theircountry.


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and Tradey Effects of Intellectual Property and

Foreign direct Investment:

y For developed countries that have

strong multinational presence, astrong IPR protection can providethem the needed incentives toincrease the quality of theirinvestments dedicated todeveloping countries, which in turnhelp developing countries to

progress.

y There is a positive effect on thevolume of incoming FDI indeveloped countries with good IPRlaws, especially those who havestrong technical capabilities.


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and Tradey Effects of Intellectual Property rights

and Global Trade:

y There are positive effects of astrong IPR presence in terms ofinternational trade

y A strong IPR can possibly create anownership advantage to allowdifferent firms, especiallyspecialized firms to competeeffectively in foreign andinternational markets.

y IPR agreements like TRIPS helpmake a standard requirement forall members, which will help inreducing transaction costsassociated with internationaltrade.


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and Tradey Effects of Intellectual Property

and Innovation:

y Stronger I

PR presence isrequired especially for

developing countries toencourage domesticinnovation.

y

A strong IPR presence willalso help in terms offacilitating internationaltechnology transfer fromdeveloped to developing

countries.


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CRITICS to Intellectual Property

Rightsy IPR in relation to Foreign Direct

Investment:

y Strong IPRs can increase themarket power of multinationals indeveloping countries, giving themincentives to increase the price oftheir products and to decreasetheir investment and sales abroad.

y IPR in relation to Global Trade:

y In strengthening IPR for

developing countries, there is achance to increase the marketpower of foreign firms, giving themincentives to increase the price oftheir products and decrease theirexports to developing countries.


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CRITICS to Intellectual Property

Rightsy IPR in relation to Innovation:

y Strong IPRs can also possibly

limit innovation in developingcountries, by preventing reverseengineering on products as wellas imitation using less expensiveingredients or methodologies.

y Gives rise to the term intellectualprotectionism and intellectualmonopoly


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Resourcesy http://www.youtube.com/watch?v=-LkWKvMCzqA&feature=related

y http://www.youtube.com/watch?v=pI__VYuVD_A

y http://www.youtube.com/watch?v=SnSLXQ8pfvs&feature=related

y http://www.youtube.com/watch?v=l5SmrHNWhak

y Intellectual Property and Developing Countries: A review of the literature Emmanuel Hassan, OhidYaqub,Stephanie Diepeveen Copyright 2010 RAND Corporation)

y http://en.wikipedia.org/wiki/Agreement_on_Trade-Related_Aspects_of_Intellectual_Property_Rights

y http://en.wikipedia.org/wiki/Counterfeit

y http://www.wto.org/english/tratop_e/trips_e/intel2_e.htm

y http://en.wikipedia.org/wiki/Patent


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