1. Intellectual Property Rights in a Global Economy
Steve Baron
April 3, 2003

2. Context of the Global Economy
World population 6.2 billion
U.S. population 281 million
U.S. population = 4.5% of World Population

3. Context of the Global Economy
As a main source of wealth creation, intellectual capital surpassing in importance the components of physical capital:
Land
Natural Resources
Manual Labor

4. Context of the Global Economy
In the Internet Age, intellectual capital is highly mobile
National boarder is no longer a viable line to manage IP rights
Yet, IP law remains grounded in a national system

5. Context of the Global Economy
Are global IP rights locking up knowledge in favor of developed countries and to the detriment of the developing world?
But, in the absence of effective IP protection in the developing world, will the developed world impose a unilateral trade barrier on the developing nations?

6. Context of the Global Economy
Queries:
How to devise a mechanism for protecting industrialized countries’ intangible wealth?
How to secure cooperation from developing countries who must forgo an economic windfall from misappropriating intellectual property?
How to provide access to the developing world to the intellectual property?

7. Sources of International Law
International conventions
International custom
General principles of law
Judicial decisions

8. Sources of International Law
International Conventions
Treaties
Bilateral Agreements (between 2 states)
Multi-lateral Agreements

9. Sources of International Law
International Conventions
Paris Convention for the Protection of Industrial Property (1883)
Berne Convention for the Protection of Literary and Artistic Works (1886)
Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) (1995)

10. Sources of International Law
International custom
General practices accepted as law that evolve over a substantial period of time and give rise to consistent patterns of conduct between or among countries

11. Sources of International Law
General principles of law recognized by civilized nations
Common to different legal systems
Equitable Maxims
He who seeks equity must do equity
Equity looks to intent rather than form
No one may transfer more than he has

12. Sources of International Law
Judicial Decisions
Little judicial precedent on an international level to draw from
Under WTO - TRIPS Agreement – case law beginning to emerge
No stare decisis – judges need not follow precedent, but need only consider prior decisions

13. Multilateral Organizations
WIPO = World Intellectual Property Organization
WTO = World Trade Organization

14. Multilateral Organizations
WIPO
Located in Geneva, Switzerland
Created by a convention that took effect in 1970
Staffed by about 900 people

15. Multilateral Organizations
WIPO Programs
Global Protection Systems
Progressive Development of International IP Law
Cooperation for Development
Inter-office Technical Cooperation
Dispute Resolution between Private Parties

16. WIPO’s Global Protection Systems
WIPO administers four systems which enable users to apply for and obtain protection of IP rights from multiple countries through a single process.
Patent Cooperation Treaty – 100 states
Madrid Protocol – Trademark Registration – 51 states
Hague Agreement Concerning International Deposit of Industrial Design – 29 states
Lisbon Agreement for Protection of Appellation of Origin – 18 states

17. WIPO Development of Int’l IP Law
E.g. WIPO prepared and delivered to Internet Corporation for Assigned Names and Numbers (ICANN) a process to register Internet domain names

18. WIPO Cooperation for Development
WIPO offers legislative and administrative advice for developing countries

19. WIPO Inter-Office Technical Cooperation
Standardization of Practices
Administers international classification systems for patents and trademarks

20. WIPO Dispute Resolution
Provides a forum for parties to resolve international IP disputes

21. World Trade Organization (WTO)
Global international organization dealing with the rules of trade between nations
Established 1995
Located in Geneva, Switzerland
146 member countries

22. Functions of WTO Administering WTO trade agreements
Provides forum for trade negotiations
Assists in handling trade disputes
Monitors national trade policies
Assistance and training for developing countries
Cooperates with other international organizations

23. Quote of the Day
“The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive.”
Thomas Jefferson