Washington -- Protecting intellectual property (IP) does not
benefit only Bill Gates, one of the world's richest men, or
Time Warner, a global media giant, or pharmaceutical companies
that hold patents on drugs to treat HIV/AIDS, cancer, heart
disease and other dire illnesses, according to the U.S. Chamber
of Commerce.
Future economic growth in China and India, for instance,
where intellectual property theft is rampant, or better
medical treatment for HIV/AIDS sufferers in, say, Thailand,
where the former military government "expropriated"
drug patents, will depend, in large measure, on how well
those countries safeguard IP, according to the chamber.
David Chavern, the chamber's vice president; Murray Hiebert,
of the chamber's Southeast Asia division; David Hirschman,
president of the chamber's Global Intellectual Property
Center; and Caroline Joiner, the center's executive director,
spoke recently on the common interest of producers and users
to protect IP. The key point, in the chamber's view, is
that without IP protection, there is no incentive for innovation
and, without innovation, there is no economic growth.
They made their case in Washington before their departure
for the chamber's annual global forum on innovation, creativity
and intellectual property, held this year February 26-27
in Mumbai, India.
Chavern said the fundamental challenge facing the chamber
is growing theft, not only by criminals who make counterfeit
name-brand handbags and fake digital video discs, but also,
and more disturbing, by governments.
"A broader and more disturbing trend is essentially
the expropriation of intellectual property by governments
with the support of NGOs [nongovernmental organizations],
with noble-sounding reasons why they're doing it, but ultimately
with the same effect -- crush the innovative engine, not
only of our economy, but ultimately of the worldwide economy,"
Chavern said.
China was the site for the chamber's 2007 forum on IP protection.
The chamber considers China and India, the host country
for this year's forum, as countries posing challenges to
IP protection and believes both nations stand to reap economic
rewards if they tackle the problem.
China, owing its current economic growth to its advantage
as a low-cost manufacturer, will be restricted to low profit
margins so long as IP protections remain weak, in the chamber's
view. As China transitions into a more developed economy,
it will want to move beyond making products designed abroad
to producing goods designed domestically, the chamber says.
"If China is after big margins in terms of future growth,
it is in innovation. IP is where economic benefits are highest.
To move up the value chain, China must better protect IP
and communicate effectively about IP protection," a
chamber member said.
In the industry of online video games, Chinese companies
are global leaders. Those companies are working to export
their products, and they are demanding that the Chinese
government clamp down on copyright and patent piracy, according
to the chamber. "I think you'll see an increasing number
of industries in China begin to join and support IP, "
a chamber member said.
The chamber says the Indian government "buys in"
to the need for IP protection and understands its link to
innovation and economic growth. The Indian Department for
Industrial Policy and Promotion, the government agency responsible
for IP protection, was a co-sponsor of this year's global
forum on innovation, creativity and intellectual property.
The Indian Institutes of Technology have emerged among the
world's best educational institutions for engineering. For
India to develop a domestic information technology sector
commensurate with the talent of its engineers, the government
will have to stop IP piracy, the chamber says.
In the case of Thailand, where the former military government
encouraged IP "expropriation" of drug patents,
the chamber says it has seen signs of improvement since
civilian rule returned in February. The military government
authorized drug patent "expropriation" on the
grounds that it did not have money to buy the patented drugs
for HIV/AIDS and heart disease at market prices. The chamber
calls that a short-sighted policy leading to long-term worsening
of health care because “Thailand would not be able
to acquire the next innovative drug if it stole the last
one,” a chamber executive said.
The chamber is encouraged by statements by the new Thai
prime minister and health minister that they are going to
launch consultations on the issue.
In Brazil, another country where the debate over the ethics
of patent infringement is ongoing, pharmaceutical companies
support IP protection. The chamber says it is not an "either-or"
scenario. Health care advances require that patients have
access to drugs and that pharmaceutical companies be able
to profit from the drugs they develop, the chamber says.