Introduction to Introduction to Intellectual PropertyIntellectual Property

Lucinda Jones

WIPO-CAPS

Workshop on Management of

Intellectual Property for Photographers

Beijing

December 8-9, 2005

OverviewOverview

• “Intellectual property” (IP)• IP system• IP policy• WIPO• One type of IP - copyright

““Intellectual Property”Intellectual Property”

Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce

Industrial property – patents (inventions)patents (inventions)– trademarkstrademarks– industrial designsindustrial designs– geographical indicationsgeographical indications

Copyright– literary and artistic works; novels, poems, plays, films, musical works, literary and artistic works; novels, poems, plays, films, musical works,

drawings, paintings, photographs, sculptures, and architectural designsdrawings, paintings, photographs, sculptures, and architectural designs– related rights - performing artists, producers of phonograms, broadcasters of related rights - performing artists, producers of phonograms, broadcasters of

radio and television programsradio and television programs

Why protect intellectual property?Why protect intellectual property? Protection of IP rights is an incentive to human creativity Promotes respect for individual artists, and enables them to earn

livelihoods Prevents infringement and “free riding” IP serves as an instrument for cultural, social, economic and

technological development New creativity helps create sustainable and competitive

businesses locally and internationally IP-based industries contribute significantly to national

economies IP gaining importance in today’s “information society”

What is the intellectual property system?What is the intellectual property system? International

– treaties treaties e.g., copyright treaties includee.g., copyright treaties include::

- Berne Convention for the Protection of Literary and Artistic Works - Berne Convention for the Protection of Literary and Artistic Works (1967, revised 1971)(1967, revised 1971)

- WIPO Copyright Treaty & WIPO Performers and Phonograms - WIPO Copyright Treaty & WIPO Performers and Phonograms Treaty Treaty

National– territorial copyright, patents, trademark laws territorial copyright, patents, trademark laws – e.g., Copyright Law of the People’s Republic of China 1990 (effective e.g., Copyright Law of the People’s Republic of China 1990 (effective

June 1, 1991) and Regulations (by National Copyright Administration)June 1, 1991) and Regulations (by National Copyright Administration) Enforcement mechanisms (courts, customs..)

Who manages the Who manages the intellectual property system?intellectual property system?

Public Sector (WIPO, Government Copyright Offices, Courts)

Private Sector (Industry associations, collecting societies, IP-based industries, lawyers)

Academic (Universities) Research & Development Institutions Individuals - you!

What is WIPO?What is WIPO?

United Nations specialized agency members - 183 Member States observers - 222 non-governmental organizations, 66

international organizations 938 staff members based in Geneva (offices in New York, Brussels and

Singapore)

What is WIPO’s purpose? What is WIPO’s purpose?

Convention Establishing the World Intellectual Property Organization (Stockholm, July 14, 1967)– entered into force in 1970, amended 1979entered into force in 1970, amended 1979– WIPO’s mission to “WIPO’s mission to “promote the protection of intellectual property promote the protection of intellectual property

throughout the world through cooperation among Statesthroughout the world through cooperation among States” in order to ” in order to encourage creativity and innovationencourage creativity and innovation

Agreement between the United Nations and WIPO (1974)

– WIPO’s purpose is the “WIPO’s purpose is the “promotion of creative intellectual activity and promotion of creative intellectual activity and the facilitation of the transfer of technology related to intellectual the facilitation of the transfer of technology related to intellectual property to the developing countries in order to accelerate economic, property to the developing countries in order to accelerate economic, social and cultural development”social and cultural development” (article 1) (article 1)

WIPO’s main activitiesWIPO’s main activities Normsetting

– treaty-making processes treaty-making processes Providing international IP services to private sector

– registration services for patents, trademarks and designsregistration services for patents, trademarks and designs

– dispute resolution (WIPO Arbitration & Mediation Center)dispute resolution (WIPO Arbitration & Mediation Center) Enhancing access to the IP system

– assists developing country members, as well as small and assists developing country members, as well as small and medium-sized enterprises to use IP as a tool for economic medium-sized enterprises to use IP as a tool for economic developmentdevelopment

– distance learning programs (WIPO Worldwide Academy)distance learning programs (WIPO Worldwide Academy)

– seminars, conferences, studies and documentsseminars, conferences, studies and documents

International copyright policy-makingInternational copyright policy-making

Traditional treaty-making

– WIPO administers 23 international treaties WIPO administers 23 international treaties

– 10-15 years to develop (fast-tracked 6 years)10-15 years to develop (fast-tracked 6 years) New stakeholders

– greater public involvement in IP (as creators, distributors greater public involvement in IP (as creators, distributors and consumers)and consumers)

– greater value and investment in IP as intellectual capital in greater value and investment in IP as intellectual capital in the knowledge societythe knowledge society

New processes

– ‘‘soft law’, best practices, joint recommendations..soft law’, best practices, joint recommendations..

IP in the Information SocietyIP in the Information Society

Emergence of digital technologies Pre Internet.. (World Wide Web) Post Internet? Scale & speed ‘information society’ ‘knowledge economy’ Internet as a source of information

- network of networks a communication channelnetwork of networks a communication channel

- value in intangiblesvalue in intangibles

- business assets business assets intellectualintellectual, as opposed to , as opposed to physicalphysical Internet as a tool for IP owners & users

Intellectual property today - Intellectual property today - ChinaChina

Creative industries in China - 357.7 billion yuan (US$44 billion) in 2003

Copyright industries in China employ 60,000 people Book publishing industry - 60,000 new titles a year, with 3

billion printed copies to value of 40.4 billion yuan (US$5 billion)

Film industry produces 126 films annually Recorded music (2000) - 62 million units sold with sales

of 646.4 billion yuan (US$80 million)

Challenges to IPChallenges to IP

Global medium (Internet) & territorial laws Digitization

– IP ideally suited to digitization IP ideally suited to digitization – intangibles… perfect, instant, infinite copiesintangibles… perfect, instant, infinite copies– globally distributed, transient, changeableglobally distributed, transient, changeable– worldwide piracy as bandwidth increases, in music, software and film worldwide piracy as bandwidth increases, in music, software and film

industriesindustries• 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 unauthorized90% of files shared over P2P are unauthorized• 400,000 - 600,000 illegal film downloads per day400,000 - 600,000 illegal film downloads per day• RIAA commenced over 13,000 individual law suits against alleged RIAA commenced over 13,000 individual law suits against alleged

illegal file-sharersillegal file-sharers

One type of IP - copyrightOne type of IP - copyright

Copyright protects:

– written works (books, speeches, magazines)written works (books, speeches, magazines)

– musical works, dramatic & choreographic works (songs, musical works, dramatic & choreographic works (songs, quyi, operas, musicals, dance mime)quyi, operas, musicals, dance mime)

– artistic works and architectural works (photographs, artistic works and architectural works (photographs, cartoons, paintings, sculptures)cartoons, paintings, sculptures)

– photographic worksphotographic works

– graphic works (engineering drawings and product designs)graphic works (engineering drawings and product designs)

– films and multimedia products (video games) films and multimedia products (video games)

– computer software ...computer software ...

Copyright...Copyright...

Copyright does NOT protect:

– ideasideas

– works prohibited by lawworks prohibited by law

– Government documentsGovernment documents

– news on current affairsnews on current affairs

– calendars, numerical tables and formulascalendars, numerical tables and formulas

– exercise of copyright in violation of the Chinese exercise of copyright in violation of the Chinese Constitution or in prejudice of the public interestConstitution or in prejudice of the public interest

Copyright works for businessCopyright 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?What rights does copyright give?

Right of publication (to decide whether to make the work available to the public)

Right of authorship (to claim authorship and have your name connected to the work)

Right of alteration (to change or authorize someone else to change your work)

Right of integrity (right to protect your work against distortion or mutilation)

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 copyrightConditions of copyright

To be protected by copyright:

– work must be originalwork must be original

– regardless of quality or artistic meritregardless of quality or artistic merit

– fixed in some material formfixed in some material form

– automatic (no formalities required such as registration)automatic (no formalities required such as registration)

– since 1994, voluntary registration of works with local copyright since 1994, voluntary registration of works with local copyright administration as evidence of ownership in case of disputesadministration as evidence of ownership in case of disputes

How long does copyright last?

– rights of authorship, alteration, and integrity are foreverrights of authorship, alteration, and integrity are forever

– other rights last for the life of the author + 50 years (or for some other rights last for the life of the author + 50 years (or for some works, 50 years from date of publication)works, 50 years from date of publication)

Conditions ...Conditions ... Exceptions & limitations to copyright

– allow a copyright work to be used without permission or allow a copyright work to be used without permission or payment to the owner, provided the name and title of the work payment to the owner, provided the name and title of the work is mentionedis mentioned

– aim is to preserve the balance in copyright system between aim is to preserve the balance in copyright system between private rights to control creative works, and the public interest private rights to control creative works, and the public interest in sharing of creativity and informationin sharing of creativity and information

– law provides exceptions for study and research, private law provides exceptions for study and research, private entertainment, quotation, reporting current events, free live entertainment, quotation, reporting current events, free live performances, some translations into minority performances, some translations into minority languages ...languages ...alsoalso photographing an artistic work located in a photographing an artistic work located in a public placepublic place

How can copyright be used?How can copyright be used?

Sell the original works, or copies

License your economic rights (give permission to someone to copy or otherwise use the work on certain terms)– exclusively or non-exclusivelyexclusively or non-exclusively– all rights reserved, or few rights reserved all rights reserved, or few rights reserved

e.g., Creative Commons (www.creativecommons.org)e.g., Creative Commons (www.creativecommons.org)

Sell (assign) your copyright over the works - partly or completely

Enforcement of copyrightEnforcement of copyright

Infringement occurs if someone, without authorization, performs an act over which the copyright owner has the rights

Copyright law imposes civil liability (stop the act, remedy the damage, make a public apology, pay compensation)

Infringements include: – copying your work without consent, publishing the work under copying your work without consent, publishing the work under

their name, exhibiting, distributing or adapting the work without their name, exhibiting, distributing or adapting the work without consent, exploiting the work without payment…consent, exploiting the work without payment…

Copyright disputes can be settled:– in the courtsin the courts– using alternative dispute resolution (arbitration, mediation)using alternative dispute resolution (arbitration, mediation)

Thank youThank you

www.wipo.int

lucinda.jones@wipo.int