LAW, JUSTICE AND DEVELOPMENT WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT November 14-17, 2011 Washington DC LJD LAW JUSTICE and DEVELOPMENT

Intellectual Property & Development -From the Viewpoint of East Asia- Katsuya Tamai Professor, the University of Tokyo 2LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT

IP as a tool of “the Stronger” ?  Experience of Japanese Government –Pressure from the U.S. in 1980s  Uruguay Round ( ) –Started as the reorganization of the General Agreement on Tariffs and Trade (GATT) –Pressure from the U.S., EU and others –Incorporation of the IP into the WTO system as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT3

IP as a tool of “the Stronger” ?  WTO Ministerial Conference of 2001 –Declaration on the TRIPS agreement and public health on 14 November 2001 –Recongnition of the ”flexibility” of the TRIPS Agreement  Bilateral Negotiation of U.S. and EU –Free trade agreements (FTA): Stronger protection of IP Rights than requested in TRIPS (TRIPS plus approach) LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT4

Individuals rather than countries to be focused on  IP Law provides individuals –for an improvement of human life –opportunities to be rewarded –at the price determined by negotiation b/w the creator and investors based on property rights system  Each individual does need –talent to create knowledge –no money to invest on his/her idea LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT5

Individuals rather than countries to be focused on Examples:  Sun Microsystems (1982) –Vinod Khosla, born 1955 in Delhi  Yahoo! (1994) –Jerry Chih-Yuan Yang, 1968 in Taipei  Google (1998) –Sergey Brin, 1973 in Moscow Even performers of traditional arts … LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT6

What China does  “Priority watch list“ in annual reports of the Office of the U.S. Trade Representative  Strategy for “Stronger IP” –2008 Report of the State Council of the PRC  Not “IP protection after development,” But “IP and development in parallel”  Collaborative research at the Peking Univ. –Univ. of Tokyo & Panasonic LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT7

Structural Transformation of the Economy  19th & 20th Century: Industries based on large scale facilities –Iron and steel –Petrochemical –Automobile  21st Century: Knowledge based economy –Information –Computer software –Wireless network LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT8

Conclusion (1)  IP is not a tool of “the stronger” countries to monopolize the benefit  IP is a tool of individuals with talent, but no money, to develop their own lives  IP is important for developing countries –To hold talented people; –To promote knowledge based industries; and –To create their own success stories LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT9

Conclusion (2)  Recommendation to International Organizations including the World Bank –Access to high level knowledge –Investment on ICT infrastructures Distribution of small devices Connection to wireless networks Not necessary: large scale facilities –Construction of the effective IP system as an “invisible” infrastructure LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT10

Thank you! LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT11