1 WIPO/INV/BEI/02/2.a Rationale for IP protection prepared by Mr. Henry Olsson, Special Government Advisor, Ministry of Justice, Stockholm u Stimulate creativity and inventiveness u Protection for investments u Recognition of moral interests of inventors and creators

2 Challenges: Background u Growing importance of IP in terms of economy and trade; effects of globalization u New attention to IP in “the civil society” u Challenges to effects of globalization u Challenges against international organizations in the IP field

3 Controversial Issues GENERAL CONCERNS u IP protection being ever further strengthened u IP perceived more as protection of economic interests than as stimulating creativity u IP perceived as protecting producers rather than creators

4 Controversial Issues (2) SPECIFIC CONCERNS u Certain features of patent protection for pharmaceuticals u Effects of plant variety protection u Patent protection for genome u Long and strong protection in the high technology field

5 Controversial Issues (3) u Protection of traditional knowledge and of folklore u Protection of genetic resources u Protection of geographical indications u The “cultural exception” (to protect expressions of national culture)

6 Controversial Issues (4) u Use of public funds to fight piracy, i.e. to protect private interests u Investments needed for setting up of enforcement systems for the benefit of right-owners in other countries

7 Mitigating Negative Effects u Globalization and strong IP protection is here to stay. Is part of the “New Economy” developing in the world today u Negative perception of IP could be mitigated - strong competition law - good information dissemination about IP and its positive effects

8 Mitigating Negative Effects (2) u Provision of practical advice on how to handle IP matters nationally and interna- tionally in the new environment u Stressing the positive effects of IP so that it is not seen as something imposed from outside

9 Role of International Organizations, especially WIPO u Attention to be given to the justification and effects - positive and negative - of increased IP protection u Designing IP law to suit the context of national economies u In-depth technological analysis as a basis for proposals for new legislative solutions

10 Role of International Organizations (2) u Attention to be given to how much IP law can be “stretched” to new phenomena u Continuation of close cooperation in particular between WIPO and WTO u Capacity-building (to put countries on an equal level)

11 Role of Intergovenmental Organizations (3) u Attention to the communication between countries and with the “civil society” so as to restore confidence