3rd WIPO International Conference on IP and the Creative Industries

24 - 26 February, 2010Cali, Colombia

Carol SimpsonExecutive-Director/Attorney-at-Law

© Jamaica Intellectual Property Office

Questions to consider

Is IP a tool for development?

What is ‘Development’ ?

How can IP address development goals?

The Jamaican experience

Examples of National Development Goals Social: Population that is healthy, well-educated,

highly skilled, free to express creativity and innovate which leads to a vibrant, transformational culture

Economic: stable economy, an enabling business environment, strong physical infrastructure, technology-enabled society, internationally competitive local industries, prosperous citizens.

Other Development Goals Security: reduction in levels of crime and violence in

the country, which will encourage long-term investments.

Effective Governance: strong and accountable institutions; political commitment to proper and transparent management of the public affairs of the nation.

Sustainable Environment: promoting and implementing agricultural and manufacturing practices which respect the nation’s natural resources.

The UN’s Millennium Development Goals -2000 includes universal primary education, environmental sustainability, poverty eradication and reduction of inequality, global partnership for development

How Can IP Address These Goals?

Each stage in the development of Intellectual Property“a development tool ladder” can contribute towards meeting the goals of economic and social advancement

1st Stage of IP Development

Conception and expression of ideas, experimenting in innovationAllows for self-expression and building of

esteem, talent and unique identityIndividual and National level Results in vibrant culture, progressive society

Examples of Technological Advancements:

APPLE iPhone, (allows video play back, games, email, web access, camera and non game applications)

iPod,

iTunes and

iLounge

2nd Stage of IP development

End product or process containing the IP

IP product/ process applied in the various domains of human activity enhance daily lifeExamples:

Education – digital white boards, literary and cultural books

Health – new procedures

Government and Business: e-commerce, e -banking, e-voting

Technology: used in law enforcement - Wireless Crime Fighting Measures,

Employing Eco-efficient approaches to industry and manufacturing

3rd Stage of IP Development

Economic exploitation of IP

Provides business opportunities for micro to large business

Engender wealth creation

Proper marketing of products and services are crucial to the success or failure of a product/process and its parent company

IP as a Valuable Asset

IP is now recognized as one of the most valuable assets in business transactions in the form of;

Licensing Agreements –patents, copyright, trade marks

Manufacturing

Purchase or Distribution Agreements

Mergers or acquisitions

Licenses provide Royalty revenues to the owners of IP Distribute products and technologies to licensees who

otherwise might not have had access to them Licensees may also gain rights to create improvement or

derivative works and to develop their own IP assets, which can be cross –licensed or

Licensed to others who may wish to exploit the work. This creates a productive cycle of invention and business transaction.

IP as the Driver of Economic Value – Arguments against

IPRs may not realize their full economic potential due to the following: IPRs create monopolies

IPR’s restrict exploiting useful technologies if rights holders does not agree

IPR’s exclude and deter others from advancing the state of knowledge by building on protected IP

IP as the Driver of Economic Value – Arguments for

Exclusive rights are for a limited period

Initial shelter from market competition gives time to reap financial reward from investments

Shelter is limited to the precise terms of the claims of the patent

IPRs creates an incentive structure to encourage research and development increases innovation

economic growth.

Changes In the IP LandscapeCreative Industries – growing in developing

countries

International brand appeal of Sport stars:Jamaica - Usain Bolt Argentina - Lionel MessiPortugal - Cristiano Ronaldo England - David Beckham

BOLT ExperienceFastest man in the world Jamaica Tourist Board (JTB) – Ad Campaign, with the

World’s fastest man giving a tour of Jamaica in record time

PUMA – The “Street Yaam Trainer”, a lifestyle version of Bolt’s running shoes

Chevron’s Texaco Brand - Introducing a new technology, BMW motor car and the Techron fuel additive

Nation Branding – Tool for DevelopmentConcept of Nation Branding - means of highlighting theCreative Distinctiveness of each nation

Scientific/Innovative Musical

Artistic Sports

COLOMBIA - Is Passion

2005 - “Colombia Is Passion”

Marketing t-shirts, mugs, pencils, sweaters, hats, umbrellas, stickers, flags, etc

Strong sense of belonging among Colombians

“Colombia is Passion is a competitiveness strategy that strives to strengthen the image of our country”

SOUTH AFRICA – “Proudly South African”

2001 –’Proudly South African’

To encourage economic transformation and job growth through the promotion of local products and services

Modeled on the Made in Australia campaign

Successes: growth and local support

Only member companies can use the ‘Proudly South African’ logo on their products to identify themselves to consumers

Importance of a Brand Identity

Brands : Best ambassadors of a country

BMW - GermanyIKEA - Sweden

Armani - Italy

What happens when a famous brand is not related to its country of origin ?

The JAMAICAN EXPERIENCE

Jamaican traditional sectors have lost their earning power.

Creativity - one of Jamaica’s most distinguishable assets and competitive advantage as a country.

Jamaican music, fashion, dance and cuisine influences global pop culture . Historical influences - Graveyism, Rastafari and Reggae Music

Jamaica’s exploitation of the Creative Sector is vital if it is to realize development gains from international trade

Creating a BRAND JAMAICACreating a BRAND JAMAICA

What steps are Jamaica taking ?

‘Brand Jamaica’- campaign to expand the country’s profile from a leisure destination to business destination

Marketing of Jamaican IP through GI’s –enhanced marketing of internationally established products, e.g. rum, jerk sauce coffee.

Diverse creative products : state-of-the-art recording studios, collaboration with top international artists, fashion brands, production houses. WIPO Copyright Study (2007) copyright sector = 4.8% GDP

What steps are Jamaica Taking ?Sports Branding – Many Athletes associated with international sports companies such as Puma, Nike, Addidas

Training and educating on IPR’s, business and other professional skills

Encouraging financial and banking institutions to change mind-set on investing in IPExperience of Visual Arts community with assistance of the

EXIM Bank

CONCLUSION

Every culture has unique innovative responses to the challenges of each new era

IP provides vehicle to nurture and promote different forms of expressions for the benefit of individual creators and the supporting community

How has IP impacted development in your country ?

Thank you !!Thank you !!Carol Simpson

Executive DirectorJamaica Intellectual Property Office

February 2010