3rd WIPO International Conference on IP and the Creative Industries
24 - 26 February, 2010Cali, Colombia
Carol SimpsonExecutive-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 innovationAllows for self-expression and building of
esteem, talent and unique identityIndividual 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 lifeExamples:
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,
Employing Eco-efficient approaches to industry and manufacturing
3rd 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
economic growth.
Changes In the IP LandscapeCreative Industries – growing in developing
countries
International brand appeal of Sport stars:Jamaica - Usain Bolt Argentina - Lionel MessiPortugal - Cristiano Ronaldo England - David Beckham
BOLT ExperienceFastest 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 DevelopmentConcept of Nation Branding - means of highlighting theCreative 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 - GermanyIKEA - 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
Creating a BRAND JAMAICACreating a BRAND JAMAICA
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 steps are Jamaica Taking ?Sports Branding – Many Athletes associated with 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 IPExperience 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 ?