WIPO/INV/BEI/02/2.a
Rationale for IP protection
prepared by Mr. Henry Olsson, Special Government Advisor,
Ministry of Justice, Stockholm
 Stimulate
creativity and inventiveness
 Protection for investments
 Recognition of moral interests of inventors
and creators
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Challenges: Background
 Growing
importance of IP in terms of
economy and trade; effects of globalization
 New attention to IP in “the civil society”
 Challenges to effects of globalization
 Challenges against international
organizations in the IP field
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Controversial Issues
GENERAL CONCERNS
 IP protection being ever further
strengthened
 IP perceived more as protection of
economic interests than as stimulating
creativity
 IP perceived as protecting producers rather
than creators
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Controversial Issues (2)
SPECIFIC CONCERNS
 Certain features of patent protection for
pharmaceuticals
 Effects of plant variety protection
 Patent protection for genome
 Long and strong protection in the high
technology field
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Controversial Issues (3)
 Protection
of traditional knowledge and of
folklore
 Protection of genetic resources
 Protection of geographical indications
 The “cultural exception” (to protect
expressions of national culture)
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Controversial Issues (4)
 Use
of public funds to fight piracy, i.e. to
protect private interests
 Investments needed for setting up of
enforcement systems for the benefit of
right-owners in other countries
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Mitigating Negative Effects
 Globalization
and strong IP protection is
here to stay. Is part of the “New Economy”
developing in the world today
 Negative perception of IP could be
mitigated
- strong competition law
- good information dissemination about IP
and its positive effects
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Mitigating Negative Effects (2)
 Provision
of practical advice on how to
handle IP matters nationally and internationally in the new environment
 Stressing the positive effects of IP so that it
is not seen as something imposed from
outside
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Role of International
Organizations, especially WIPO
 Attention
to be given to the justification and
effects - positive and negative - of increased
IP protection
 Designing IP law to suit the context of
national economies
 In-depth technological analysis as a basis
for proposals for new legislative solutions
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Role of International
Organizations (2)
 Attention
to be given to how much IP law
can be “stretched” to new phenomena
 Continuation of close cooperation in
particular between WIPO and WTO
 Capacity-building (to put countries on an
equal level)
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Role of Intergovenmental
Organizations (3)
 Attention
to the communication between
countries and with the “civil society” so as
to restore confidence
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