Respect for IP is not automatic It has to be earned,.


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Jane Lambert

One of the topics that were discussed at the 14th session of the Advisory Committee on Enforcement was building respect for intellectual property.  On that topic we heard presentations by, and received handouts from, Rajiv Aggarwal of India, Hedvig Bengston of Norway, Maya Al'Azri of Oman,  Ray Augusto Meloni García of Peru and Liliana Vieru of Moldova.

For our entertainment and education, the WIPO secretariat erected a little video lounge called the ACE cinema which showed anti-piracy and anti-counterfeiting videos like "Knock off Nigel" which was one of the most amusing.  I particularly love the expression on Nigel's face as his girlfriend dumps the "watch that he found in the street" in his beer,  There were other "Knock off Nigel" videos including one from the office.

Although the "Knock off Nigel" films were witty, not everybody liked them,  In  "Why I Hate the Knock off Nigel Advert too . . ." Bob Crachett wrote: "Inspired by Jack Cooper and anger at the latest propaganda in the Knock Off Nigel ads I was inspired to write some alternative lyrics. Taking a few hundred from some millionaire film/music producer doesn't mean someone will rob their Gran or steal food from the office fridge ...."  There were also parodies like Knock off, Nigel Parody. 
The reason for that reaction is that intellectual property is resented in some quarters even in a developed country like the United Kingdom and the reason for the resentment is that it imposes monopolies or restrictions of supply that appear to raise costs.  Of course, the answer to that is that intellectual property provides incentives for production and distribution which makes desirable products available to the public in the first place. However, that answer is hard to accept if the price of a branded good or medicine seems to exceed its value.  It is even harder if the owner of the brand or supplier of the medicine is a rich and powerful corporation.  Harder still if that corporation is owned by foreigners.  Intellectual property law is necessarily complex and many of its remedies are draconian.  It is not hard to see why intellectual property is viewed by many as an instrument of repression, a barrier to economic development and even of neo-colonialism.

Yet if used properly intellectual property can assist development and can offer a route out of poverty.  Everyone has intellectual assets that can generate revenue such as a recipe for making apple pie, a song or story or just a reputation for good service. The laws that permit the exploitation of those assets are the same as those that protect international brands or research and development in new drugs and medical devices.   By showing that intellectual property is a tool for the advancement of local businesses, individuals and communities, the reason for monopolies and exclusive rights and the measures for their enforcement can be better understood.

If the complexities of the law can be explained and irs remedies made available to all, the public will understand the law and accept it.   I have seen this with my own eyes whenever I give a talk on say copyright to young coders or trade mark registration at an incubator.   For the last 20 years, I have offered pro bono advice at IP clinics in various parts of the country (see IP Clinics in Yorkshire 17 Aug 2018 IP Yorkshire).  I have also set up inventors clubs in Leeds, Liverpool and Sheffield and supported the one in Manchester.   Right now I am working with the Menai Science Park in Anglesey to assist the talented artists, designers, inventors and makers of North Wales.  We were, in fact, Wales's contribution to World Intellectual Property Day in 2019 (see Celebrating World IP Day at M-SParc: Basic Tips for Startups and other Small Businesses 29 April 2019 NIPC Cymru-Wales).

Videos, websites and essay competitions for children are all very well but if you want people to respect the law you have got to make them feel they own it.  Some of the initiatives that I saw in Geneva on Monday do that already.  For example, the Moldovan project shows how geographical indications benefit the producers of the country's excellent wines.   But more of that kind of thing can be done. Clinics, inventors clubs and the like so not cost much to set up and run and the benefits for everyone can be substantial.

Anyone wishing to discuss this article may call me on +44 (0)20 7404 5252 during office hours or send me a message through my contact form.

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