Introduction to Intellectual Property Lucinda Jones WIPO-CAPS Workshop on Management of Intellectual Property for Photographers Beijing December 8-9, 2005

Overview Intellectual property (IP) IP system IP policy WIPO One type of IP - copyright

Intellectual Property u Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce u Industrial property –patents (inventions) –trademarks –industrial designs –geographical indications u Copyright –literary and artistic works; novels, poems, plays, films, musical works, drawings, paintings, photographs, sculptures, and architectural designs –related rights - performing artists, producers of phonograms, broadcasters of radio and television programs

Why protect intellectual property? u Protection of IP rights is an incentive to human creativity u Promotes respect for individual artists, and enables them to earn livelihoods u Prevents infringement and free riding u IP serves as an instrument for cultural, social, economic and technological development u New creativity helps create sustainable and competitive businesses locally and internationally u IP-based industries contribute significantly to national economies u IP gaining importance in todays information society

What is the intellectual property system? u International –treaties F e.g., copyright treaties include : - Berne Convention for the Protection of Literary and Artistic Works (1967, revised 1971) - WIPO Copyright Treaty & WIPO Performers and Phonograms Treaty u National –territorial copyright, patents, trademark laws –e.g., Copyright Law of the Peoples Republic of China 1990 (effective June 1, 1991) and Regulations (by National Copyright Administration) u Enforcement mechanisms (courts, customs..)

Who manages the intellectual property system? u Public Sector (WIPO, Government Copyright Offices, Courts) u Private Sector (Industry associations, collecting societies, IP-based industries, lawyers) u Academic (Universities) u Research & Development Institutions u Individuals - you!

What is WIPO? u United Nations specialized agency u members Member States u observers non-governmental organizations, 66 international organizations u 938 staff members u based in Geneva (offices in New York, Brussels and Singapore)

What is WIPOs purpose? u Convention Establishing the World Intellectual Property Organization (Stockholm, July 14, 1967) –entered into force in 1970, amended 1979 –WIPOs mission to promote the protection of intellectual property throughout the world through cooperation among States in order to encourage creativity and innovation u Agreement between the United Nations and WIPO (1974) –WIPOs purpose is the promotion of creative intellectual activity and the facilitation of the transfer of technology related to intellectual property to the developing countries in order to accelerate economic, social and cultural development (article 1)

WIPOs main activities u Normsetting –treaty-making processes u Providing international IP services to private sector –registration services for patents, trademarks and designs –dispute resolution (WIPO Arbitration & Mediation Center) u Enhancing access to the IP system –assists developing country members, as well as small and medium-sized enterprises to use IP as a tool for economic development –distance learning programs (WIPO Worldwide Academy) –seminars, conferences, studies and documents

International copyright policy-making u Traditional treaty-making –WIPO administers 23 international treaties –10-15 years to develop (fast-tracked 6 years) u New stakeholders –greater public involvement in IP (as creators, distributors and consumers) –greater value and investment in IP as intellectual capital in the knowledge society u New processes –soft law, best practices, joint recommendations..

IP in the Information Society u Emergence of digital technologies u Pre Internet.. (World Wide Web) u Post Internet? u Scale & speed u information society knowledge economy u Internet as a source of information -network of networks a communication channel -value in intangibles -business assets intellectual, as opposed to physical u Internet as a tool for IP owners & users

Intellectual property today - China u Creative industries in China billion yuan (US$44 billion) in 2003 u Copyright industries in China employ 60,000 people u Book publishing industry - 60,000 new titles a year, with 3 billion printed copies to value of 40.4 billion yuan (US$5 billion) u Film industry produces 126 films annually u Recorded music (2000) - 62 million units sold with sales of billion yuan (US$80 million)

Challenges to IP u Global medium (Internet) & territorial laws u Digitization –IP ideally suited to digitization –intangibles… perfect, instant, infinite copies –globally distributed, transient, changeable –worldwide piracy as bandwidth increases, in music, software and film industries 870 million infringing copyright music files online (Jan 2005) 870 million infringing copyright music files online (Jan 2005) 90% of files shared over P2P are unauthorized 90% of files shared over P2P are unauthorized 400, ,000 illegal film downloads per day 400, ,000 illegal film downloads per day RIAA commenced over 13,000 individual law suits against alleged illegal file-sharers RIAA commenced over 13,000 individual law suits against alleged illegal file-sharers

One type of IP - copyright u Copyright protects: –written works (books, speeches, magazines) –musical works, dramatic & choreographic works (songs, quyi, operas, musicals, dance mime) –artistic works and architectural works (photographs, cartoons, paintings, sculptures) –photographic works –graphic works (engineering drawings and product designs) –films and multimedia products (video games) –computer software...

Copyright... u Copyright does NOT protect: –ideas –works prohibited by law –Government documents –news on current affairs –calendars, numerical tables and formulas –exercise of copyright in violation of the Chinese Constitution or in prejudice of the public interest

Copyright works for business copyright as a commercial asset to earn income protection for emerging technologies management of use of others copyright works use copyright as security to gain credit and financing copyright protection for marketing and advertising sale or licensing of copyright use of copyright in the public good copyright for social, cultural and economic development (narrow the content divide)

What rights does copyright give? u Right of publication (to decide whether to make the work available to the public) u Right of authorship (to claim authorship and have your name connected to the work) u Right of alteration (to change or authorize someone else to change your work) u Right of integrity (right to protect your work against distortion or mutilation) u Right of exploitation and remuneration (right to reproduce, perform, broadcast, exhibit, distribute, adapt, translate, annotate or compile, or authorize someone else to do so, and to be paid for those actions)

Conditions of copyright u To be protected by copyright: –work must be original –regardless of quality or artistic merit –fixed in some material form –automatic (no formalities required such as registration) –since 1994, voluntary registration of works with local copyright administration as evidence of ownership in case of disputes u How long does copyright last? –rights of authorship, alteration, and integrity are forever –other rights last for the life of the author + 50 years (or for some works, 50 years from date of publication)

Conditions... u Exceptions & limitations to copyright –allow a copyright work to be used without permission or payment to the owner, provided the name and title of the work is mentioned –aim is to preserve the balance in copyright system between private rights to control creative works, and the public interest in sharing of creativity and information –law provides exceptions for study and research, private entertainment, quotation, reporting current events, free live performances, some translations into minority languages...also photographing an artistic work located in a public place

How can copyright be used? u Sell the original works, or copies u License your economic rights (give permission to someone to copy or otherwise use the work on certain terms) –exclusively or non-exclusively –all rights reserved, or few rights reserved F e.g., Creative Commons ( u Sell (assign) your copyright over the works - partly or completely

Enforcement of copyright u Infringement occurs if someone, without authorization, performs an act over which the copyright owner has the rights u Copyright law imposes civil liability (stop the act, remedy the damage, make a public apology, pay compensation) u Infringements include: –copying your work without consent, publishing the work under their name, exhibiting, distributing or adapting the work without consent, exploiting the work without payment… u Copyright disputes can be settled: –in the courts –using alternative dispute resolution (arbitration, mediation)

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