1 WIPO Workshop on Intellectual Property for Business for Small and Medium-Sized Enterprises (SMEs) Dar-es-Salaam, May 10 and 11, 2005 Industrial Designs and Copyright as Tools of Business Industrial Designs and Copyright as Tools of BusinessBy Atangcho N. Akonumbo May 11, 2005

2 Introduction Situating industrial design and copyright in the IP system Benefits of the IP system Awareness of SMEs as to the IP system and its advantages Focus of the presentation

3 Nature of both Rights Industrial designs - definition - rationale/scope of protection - duration Copryright - definition - rationale/scope of protection - duration * Peculiarity: Need not be registered

4 Complementarity of both Rights Mutually exclusive rights i.e. they may exist side by side on two-dimensional or three dimensional creative works of art. (Example) However, both rights may also stand as alternatives. Thus, industrial design may be protected as an artistic work under copyright law only (or under unfair competition law or superficially as a trademark) Mutually exclusive nature of Industrial design with IPRs other than copyright: tendency in different systems.

5 Why Business Tools? Business policies for SMEs that may be struggling to find their way of maintain a foothold in an existing trade must necessarily, consider IP issues related to their business. Most SMEs in less developed regions and even in some developed regions are still very much unaware of the IP system, its role and import to modern business.

6 How Business Tools? Copyright and industrial design rights may be exploited for commercial purposes through: assignment or transfer; licensing or franchising; collective management (copyright); character merchandising (copyright); detecting infringement; resale of rights (copyright); detecting infringements and enforcing rights; Others.

7 Business Tools for which end? IP assets enhance business policy and together with capital, and other resources, constitute a whole in business strategy. Industrial design and copyright can be helpful marketing tools to promote sales, encourage customer loyalty increase revenues through income from licensing or franchising, as the case may be.

8 Any Need to resort to IP Protection Regimes? The problem of unfair trade practices Reluctance of SMEs vis-à-vis the IP system

9 Concluding Remarks The need for SMEs to consider designs and copyright as tools of protection and commercialization in businesses. Avoidance of infringement of other's rights

10 END Thank you