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How Intellectual Property Can Help Haiti Develop Its Cultural Industries
Professor Doris Estelle Long The John Marshall Law School Chicago, IL (November 12, 2004)

 
 


Intellectual Property: “A Power Tool for Economic Growth”
-Kamil Idris, Director, World Intellectual Property Organization.

What is “Intellectual Property”
“Commercial Application Of Imaginative Thought To Solving A Technical Or Artistic Challenge.” (K.Idris).

Assumptions Underlying Intellectual Property Protection
Creativity And Innovation (Human Capital) Are Valuable Assets Which Must Be Protected And Encouraged.
Economic Incentives Encourage Creativity And Innovation.

Registration and Protection of Intellectual Property Provides Needed Assets for Investment and Capital Growth

Develop New Types Of Property For Investment Opportunitiestourism.
Trademarks Represent Valuable Capital Assets.
Can be Used To Finance Future Growth.
Not Limited to “Famous Marks” or Consumer Goods.

New Types of Property (Continued)
Geographic Indications Represent Local Quality Which Can Be Marketed.
Traditional Knowledge Based Works, Including Folk Art And Folk Remedies, Assure Rewards of Exploitation Are Shared by Local Groups.

New Types of Property (Continued)
Copyright Protects Creative Works.
Neighboring Rights Protects Performers Rights to Compensation.
Trade Secrets and Industrial Designs Protect Innovation.

While Innovation May Occur Without Intellectual Property Protection, Its Pace And Depth May Be Adversely Affected Without Such Protection

Positive Growth Impacts of IP Protection
Investment in Production Increases as Output of “Intellectual Labor” is Protected.
Investment Encourages a “Culture of Innovation” which Spurs Continued Innovation and Creativity.
Capital Asset Base, Including Human Capital Increases.

Encourage Innovation and Creativity by Promising Potential Economic Returns for Creative Endeavors

Avoid Brain Drain

Consumer Protection
Preventing The Sale Of Unsafe And Shoddy Products.
Assuring Consumers Obtain The Products They Intend To Buy At The Price That Gives Them Value For Money.

Special Harm Caused By Counterfeit And Pirated Goods
Lack Of Quality Control Leads To Sale Of Harmful And Unsafe Products.
Lack Of Faith In The Reputational Reliability Of Marks and Geographic Indications.
Personal Injury And Property Damage.

Special Harm (Continued)
Pirates Don’t Pay Taxes.
Pirates Don’t Care Who Gets Hurt.
Pirates Don’t Invest In The Community.

Changing Consumer Attitudes
Desire For Low Prices And High Quality.
IP Theft Is Not A Victimless Crime.

Improving Protection for Cultural Industries

Prompt Registration Of Assets

Prompt and Effective Enforcement of Rights
An Asset without Protection isn’t an Asset.
Requires Coordination Between Criminal, Civil and Border Protection Measures.
Greater Protection Assures Greater Choice as the Marketplace Becomes Reflective of Consumer Needs.

Policing the Pirates
Stings, Private Investigations and Prompt Action, Including Seizure and Destruction of Pirated Goods.
Special Training for Enforcement Officials.
Public Education.

Educating the Public
How to Spot a Fake.
The True Harm of Piracy.

The Future
?

Thank You
Doris Estelle Long.
7Long@Jmls.Edu

 
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