Do you remember why IP protection is needed?

A few days ago there was a press release including some facts noted by the “Special 301” Report 2016. This report is the annual review of the global state of IPR protection and enforcement written by the United States Trade Representative (USTR).

In the press release it is noticeable some quotations which reflects the importance of protecting IPRs.
For example:

“This final Special 301 Report of the Obama Administration underlines the great value that unique American creativity and innovation have for millions of families – ranging from small businesses owners to medical researchers to employees of the recording and motion picture industries – as well as the efforts of the executive branch, our bipartisan partners in Congress, and the United States business community to vigilantly monitor abuses of American intellectual property rights anywhere they exist in the world.”[emphasises made] U.S. Trade Representative Michael Froman.

“Without strong IP laws, our member labels could not do what they do best: discover talented musicians and performers, nurture their sound, and distribute, market, and promote their music across the world.” [emphasises made] Cary Sherman, Chairman and CEO of the Recording Industry Association of America (RIAA).

“Intellectual property protections enhance job growth both domestically and internationally” [emphasises made] Stanley Pierre-Louis, general counsel of the Entertainment Software Association (ETA).

The rationale for the protection afforded to IPRs has been explained by many scholars, and they are best represented in 4 theories:

1. Labour Theory (by John Locke) ‘the labour of his body, and the work of his hand, we may say, are property his’.
2. Personality Theory (by Hegel) -- creation is an extension of its creator’s individuality or person, belonging to that creator as part of his or her self-hood.
3. Pendleton’s Theory - nobody owns an idea before its appropriation. However, ‘an invention can be seen as a (new) combining of known units of information’ (Catherine Colston).
4. Utilitarian Theory is a ‘theory of ethics that prescribes the quantitative maximization of good consequences for a population’ (George D. Catalano).

The first two are based on the creator’s private interest. The others are based on the society well-being.

In any case, the theories highlight the importance of protection and the words heard by various US parties are welcome. It is good to be reminded the rational of IP protection, of course, the debate sometimes focus on overprotection rather than lack of it.

The press release can be read in full here.

Special 301 Report 2014

China, India, Rusia, Argelia, Argentina, Chile, Indonesia, Pakistán, Tailandia y Venezuela son los países que han sido incluidos en la Priority Watch List contenida en el "Special 301 Report" de 2014, que desde hace 25 años prepara la Office of the United States Trade Representative (USTR) en virtud de la Section 301 Trade Act of 1974.

Otros países de iberoamérica que han sido incluidos en la lista son Bolivia, Brasil, Colombia, Costa Rica, República Dominicana, Ecuador, Guatemala, México, Paraguay y Perú. De Europa figura Finlandia y Grecia. España no ha sido incluida.  

El texto completo está disponible aquí.

The news is out – are you in the list?

Early on this week the blog posted the "Special 301 Report" published annually by the United States Trade Representative (USTR). The Report re-evaluates the state of intellectual property rights (IPR)—to include protection and enforcement, in trading partners around the world.

From Latin America (LA), the list indicates that Argentina, Chile and Venezuela were placed in the "priority watch list" BUT does it mean that the other LA countries were given the o.k.?

I did have a look at the complete list and unfortunately the majority of the LA countries appear in the Watch List. I found Bolivia, Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Mexico, Peru and even a note regarding the situation of Paraguay, which is in the Monitoring List. Yet, the USTR is pleased to see the progress made by the country and it refers to a case decided in 2011 which obtained the first conviction under its new criminal laws. However, the USTR still has serious concerns regarding piracy and counterfeiting and advice the country to “intensify its customs actions and improve its cooperation with neighbouring countries Brazil and Argentina on cross-border enforcement of IPR.”

Under different headings I was looking for the LA countries and I found the following:

• Trade marks and pharmaceutical products: There is concern with the “proliferation of the manufacture, sale, and distribution of counterfeit pharmaceuticals in trading partners such as Brazil...Peru...” It noted that there is an increase in the “practice of shipping of counterfeit products separately from labels and packaging in order to evade enforcement efforts.” It gives the example of Russia but later on it refers to Paraguay informing that they do “facilitate these illegal activities by exporting label and packaging components to counterfeit and pirated product assemblers.” It also adds that other countries such as Mexico and China are used as transit of such labels.
•  Piracy over the Internet and Digital Piracy It is said that the US will work in this area as to strengthen legal regimes and enhance enforcement with countries such as: Argentina, Brazil, Chile, Colombia, Mexico, and Venezuela [notice that I referring only to Latin America countries but other countries are also listed]. In this section the USTR reports that even though piracy over the Internet is replacing physical piracy, there is still production of, and trade in, CDs and DVDs and this remains as major problems in many regions such as Paraguay.
• Governmental Business software: The use of only authorized business software was also in the agenda. Paraguay and Peru appear in this heading as countries that need to adopt an “effective and transparent procedures to ensure legitimate governmental use of software.”

Can we say that Latin America was given the thumb up or thumb down? I believe that as a Region we are on the list! And unfortunately this is something not to be proud of. But who are not in the list? There is always light at the end of the tunnel and thus, the region can have a look at other counterparts and neighbours such as Panama, Nicaragua, Honduras, El Salvador and Uruguay.