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.

Brazil, Chile, Colombia and Mexico in Intellectual Property Training Programs funded for USA

Four  countries of Latin America were included in the Intellectual Property Training Programs Funded of U.S. Department of State, in order to combat transnational crime and promote the protection of intellectual property rights (IPR) worldwide. The U.S. Department of State has approved twelve projects totaling $2.6 million in Fiscal Year 2011 anticrime funds. These projects will enable U.S. law enforcement agencies and diplomatic missions to collaborate on the delivery of IPR protection criminal enforcement training and technical assistance programs for foreign law enforcement partners.

Training and technical assistance in the investigation and prosecution of IPR crime will be provided to foreign law enforcement partners in nations across the Pacific Rim, Latin America, and sub-Saharan Africa. The Bureau of International Narcotics and Law Enforcement Affairs and the Bureau of Economic and Business Affairs selected the projects after considering input from the U.S. Intellectual Property Enforcement Coordinator, other federal agencies, our overseas missions, Congress, and industry representatives.

The Latinoamerican projects are: 

(1) Brazil $150,644: Training seminars through the U.S. Embassy partnership with the Brazilian Government focusing on “notorious markets” identified in the United States Trade Representative (USTR) Special 301 Out-Of-Cycle reviews.

(2) Chile $100,000: Training for Chilean judges on handling IPR crimes cases, including development of a judicial bench book and follow up monitoring by the U.S. Mission.

(3) Colombia $70,000: Training for the Colombia National Police on combating IPR crime.

(4) Mexico $438,814: Training for Mexican enforcement partners on following the money trail, digital evidence in online piracy cases, and border and customs enforcement.

The projects in the rest of the world are:

(5) Africa - Western Regional Workshops $182,000: Training for West African customs authorities on methods to identify and seize infringing goods.

(6) Africa - Sub-Saharan Regional Workshops $525,920: Workshops for Sub-Saharan African law enforcement partners focusing on border enforcement, following the money trail, organized crime involvement in trafficking of counterfeit medicines, and gathering electronic evidence.

(7) Africa - East Central Regional Workshops $255,936: Regional training for East African law enforcement authorities in combating counterfeit medicines which threaten human health and safety.

(8) ASEAN $242,329: A series of workshops for Association of Southeast Asian Nation (ASEAN) member state judges and prosecutors focused on judicial and prosecutorial management of IPR cases, especially those that involve transnational organized crime. 

(9) South Asia Regional $210,185: Joint workshops with Indian, People’s Republic of China, and ASEAN IPR enforcement officials to strengthen and build stronger cross-border partnerships. 

(10) Philippines $175,171: Seminars for Philippine judges and prosecutors on courtroom and case management procedures in IPR cases.

(11) Thailand $184,000: Training for Thai judges, customs officials, and prosecutors to strengthen skills needed to carry out Thai IPR reforms.

(12) Turkey $106,375: Training for Turkish judges and law enforcement officials involved in new special IPR courts.

Source: http://www.state.gov