Innovation and Development Skolkovo Foundation April 2014 Margaret Chon Donald & Lynda Horowitz Professor for the Pursuit of Justice Seattle University School of Law

What is the fundamental public policy of intellectual property? Exclusive rights (private) Access (public) = INNOVATION

Access to Medicines: Patent policy

Access to Knowledge (a2k): Copyright policy

UN Millennium Development Goals 1.Eradicate extreme poverty and hunger 2.Achieve universal primary education 3.Promote gender equality and empower women 4.Reduce child mortality 5.Improve maternal health 6.Combat HIV/AIDS, malaria, and other diseases 7.Ensure environmental sustainability 8.Develop a global partnership for development

Human Development Index (HDI)

HDI World Map (2013)

Current HDI Russia Map (2010) and overMoscow 0.850–0.899Tomsk Oblast to St. Petersburg 0.800–0.849Vladimir Oblast to Sakha Republic 0.750–0.799 Tuva to Adygea Map showing the detailed HDI of Russia by regions (2010).

Global Inequality Global Map of relative proportion of world’s population.

Global Inequality Global Map of proportion of worldwide earnings (in purchasing power parity) from royalties and license fees earned.

Global Inequality Global Map showing proportion of research and development spending that is spent there.

Primary Education Enrollment Territory size is proportional to the number of all children enrolled in primary education who are enrolled in that territory.

Spending on Primary Education Territory size shows the proportion of all spending on primary education, when measured in purchasing power parity US$.

Tertiary Education Enrollment Territory size shows the proportion of people worldwide enrolled in tertiary education who live there.

Two Stories of Innovation and Development Bottom up or development as freedom Education is a foundation – need to build capacity Imitation and diffusion of technology will lead to innovation and growth Top down or development as growth Assumes that a certain level of educational capacity for innovation already exists “Trickle down” or “lifted boats” effects

WIPO Development Agenda (2004) Time for assessment? 10 years. Copyright: Marrakesh Treaty Other exceptions and limitations for education? E.g., Cluster B proposals include asking WIPO “to examine the flexibilities under the TRIPS Agreement... with a view to giving practical advice to developing... countries on how to... elaborate a mechanism to facilitate access to knowledge and technology.”

17 USC 107: Limitations on Exclusive Rights: Fair Use Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include- (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

СПАСИБО Thank you!