© JIPO 2008 Roundtable on Integrating Small and Vulnerable Economies in the Multilateral Trading Systems Presented By: Carol M. Simpson Executive Director, JIPO Attorney - at - Law PAVING THE WAY TO GROWTH AND DEVELOPMENT THROUGH THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS Management & Protection of Intellectual Property Rights - IPRs

© JIPO 2008 IPR Administration Two main issues for consideration: 1. How do the constraints facing SVEs impact on IPR Administration 2. What role can IPR Administration play in overcoming these constraints

© JIPO 2008 WHAT IS IPR Administration? IPR Administration can be generally defined as facilitating the protection and promotion of creativity of local and foreign creators and right-holders

© JIPO 2008 IPR Administration in a SVE Involves : Establishing international level of procedures and facilities for the protection of IPRs Providing Registration Facility for Trademarks, Patents, Designs, Geographical Indications Growing call for formal Copyright Registration Educating the Public on the importance of IPRs, its economic value, & the need for the protection of IPRs Providing input for National Policy Development of IPRs Facilitating the Creative Community (establishment of collecting societies)

© JIPO 2008 What are Challenges Facing IPR Administration in a SVE? Small size: Small IP Offices with small staff complements F ew persons to carry out a large agenda IP office has to prioritise its activities N ot physically possible to accomplish all plans within short period of time with limited resources

© JIPO 2008 Small IP Office Linked to the constraints of a small office Limited budget from which to fund a plethora of activities Education campaigns usually account for a large proportion of activities such as the training of police, judiciary, educating private and public sector entities and IP sensitization in educational institutions

© JIPO 2008 Challenges Facing IPR Administration in a SVE? Limited Economic Activity C oncentration of professionals in traditional careers fields (IP Specialists in Management, Finance, Science and Technology are quite few in Jamaica) Lacking personnel who can offer specialized services also hampers the overall promotion of IP Limited Public Awareness on IP

© JIPO 2008 What ROLE DOES IPR have in OVERCOMING SVE constraints IP - an opportunity for SVE’s to embark on a path of sustainable economic growth and development IP - help in reducing negative impact of some limitations faced by SVEs IP - tool for protecting and promoting “human capital” – Knowledge, Information, Creativity and Innovation, a valuable component in any form of economic activity

© JIPO 2008 What ROLE DOES IPR have in OVERCOMING SVE constraints IP - now seen as economic assets IP - vehicle for wealth creation and economic development for individuals, businesses and nations an ideology which is fast gaining ground globally.

© JIPO 2008 “ IP assets development and management: A key strategy for economic growth ” Promoting IP for Development Generate revenues from product sales and licensing royalties Increase GDP and products Stimulate research and development (R&D) based industries and create employment Attract high-value foreign direct investment and joint ventures WIPO Publication – “IP Assets Development and Management: A key Strategy for Economic Growth”

© JIPO 2008 Recommendations for SVE’s Economic Diversification into areas less susceptible to risks Building IPR administration, using IP as a development tool and developing the creative industries Human creativity is borderless unconstrained by geographic location or size of population the Caribbean abounds in natural, creative talent UNCTAD Secretariat paper – “Structurally Weak, Vulnerable and Small Economies” (2007)

© JIPO 2008 Creative Industries as Profitable Income-deriving Activities WIPO study on the contribution of Copyright-based industries to the economy of Jamaica These sectors accounted for 4.8% of GDP at a value of J$29 billion or US$464.7 million Creative Sectors - include Press and Literature, Music and Theatrical Productions, Radio and Television, Visual and Graphic Arts, which provide 3.03% of total employment

© JIPO 2008 Comparison with Traditional sectors Copyright-based industries to the economy of Jamaica, found that these sectors accounted for 4.8% of GDP Agriculture, forestry and fishing which contributed 5.2 % Electricity and water which contributed 4.1%

© JIPO 2008 Copyright Sector & the Jamaican Economy Copyright sectors can become one of the main sectors leading the Jamaican economy However, to achieve this will require - Investment in the human capital from primary school right through to post-graduate level Investment in public infrastructure to facilitate the promotion of IP private physical capital formation for creators and producers of copyright assets. A commitment by Government to invest in, develop and manage IPRs effectively and efficiently

© JIPO 2008 Copyright Sector & the Jamaican economy Also critical are strong partnerships between the IP Office and other Agencies & Ministries that handle other dimensions of developing the IP Assets For example; Business Development Centre, Trade Promotion & Investment Agency, Financial Institutions, Science and Technology R&D bodies, and active and well-managed Collective Management Organisations.

© JIPO 2008 Integral Role of IP Office in assisting National Collective Management Organisations National Collecting Societies emerged in 1990’s IP Office played a critical role in facilitating a national initiative for the Collective Management of Copyright Legal guidance provided by IP Office helped CMO’s avoid certain pitfalls or obstacles that would have otherwise negatively affected their operations Close collaboration between IP Office & Collecting Societies on Negotiations with Public & Private sector entities, Public Education, Anti-Piracy Programmes etc.

© JIPO 2008 Conclusion The vulnerabilities and limitations which SVE’s face are real and in some instances irremediable Survival is the key Be active participants in multi-lateral trading system Identifying our comparative advantages Finding our niche and developing them through proactive, targetted policies IP is a Practical Tool for building national competitiveness

© JIPO 2008 Thank You for Your Attention 36 Trafalgar Road 4 th Floor PCJ Building Kingston 10, Jamaica W.I. Phone: (876) , 6350 Fax: (876) Visit our Web site at: