United Nations -- Developing nations stand to be the biggest
beneficiaries of strong trademark and copyright laws, experts
said at a forum focusing attention on World Intellectual Property
Day, which will be observed April 26.
Reform of intellectual property laws, coupled with strong
protection efforts, can unleash the technical and creative
innovation that has been the hallmark of long-term growth
and development in Western economies, the trademark experts
said.
Michael Ryan, director of the Creative and Innovative Economy
Center at The George Washington University Law School, said
that when trademarks and other intellectual property tools
are part of national development strategies they can spur
growth and prosperity in economic sectors from agriculture
and medicine to entertainment.
“We've been told in developing country after developing
country that pirates are a good thing because they create
jobs. No. Pirates are not good things. They don't create
very good local jobs. Instead, what they do is they take
away lots of good jobs,” Ryan said during the forum.
“Film pirates do not hire directors, actors, cinematographers,
sound technicians and key grips; software pirates do not
recruit computer science and business management graduates
from universities. They manufacture discs worth a few cents
and pay their workers accordingly,” he said.
Bollywood is one of the world's biggest producers of films,
yet a fundamental constraint is piracy, Ryan noted. “Piracy
has made it difficult for Indian filmmakers to get much
return on their investment," he said.
“If they can figure a way to get control of piracy,
which is prevalent throughout the distribution chain, they
will have an extraordinary opportunity. Bollywood has not
yet seen what it will be able to do with both the creativity
and profits that will be unleashed,” he said.
Pirates of patented technologies, copyrighted creative
expressions and trademarked goods operate multibillion-dollar
global industries, but they provide only low-skill, low-wage
jobs, according to Ryan. He said they do not comply with
good manufacturing practices, but produce poor-quality goods
that can be ineffective or downright dangerous. He said
they add nothing to the well-being of a country.
Pirates do not open their factories to inspection by health
and labor regulators; they do not establish relationships
of trust with consumers, nor do they pay taxes, Ryan said.
COFFEE PRODUCTION
Meanwhile, Colombian and Ethiopian coffee producers are
brilliantly managing their trademarks and brands, panelists
said. Through marketing strategies, quality control and
intellectual property enforcement, Colombia has been able
to get 10 cents per pound more than market price for its
coffee for decades, Ryan pointed out. “That is a remarkable
achievement,” he said.
Begun in 1927 by coffee growers, the nonprofit National
Federation of Coffee Growers of Colombia has used trademarks,
marketing, enforcement and an internal system of accountability
to bring international recognition for its coffee. It has
meant improved living standards for 566,000 growers and
a better price for Colombian coffee on world markets, said
Mary Petitt, vice president of the federation.
The federation's logo of Juan Valdez is known worldwide
as “a seal of quality” for a good cup of coffee,
Petitt said.
Ethiopia's efforts to get control of the names of three
of its high-quality coffees -- Sidamo, Harar and Yirgacheffe
-- is one of a number of recent initiatives designed to
give developing countries and their farmers and artisans
a bigger profit share.
Ron Layton, chief executive of the nonprofit Light Years
IP, said that Ethiopia's strategy is to control the brands
and change negotiating terms so that the coffee price, and
therefore the farmers' income, increases. The country now
issues royalty-free licenses that allow third parties to
use the trademarks. In exchange, the licensees must advertise
the origin of the coffee, educate customers about Ethiopia's
coffee and provide information on retail sales.
As a result of the new strategy, Layton expects demand
for Ethiopian coffee to grow and bring $100 million to $150
million in additional income to the country each year.
TEXTILE MANUFACTURING
On the other hand, Washington-based lawyer Anthony Carroll
said that the demise of traditional textile manufacturing
in West Africa is a sad lesson on how a region lost control
of its creative heritage and was unable to protect its markets.
In the 1980s at the height of production, 600,000 tons
of the unique wax-dyed cotton was produced by more than
100,000 workers. In the 1990s, however, 140 of 180 factories
in West Africa closed; the jobs went to China, where most
of the traditional patterned cloth now is produced.
INTELLECTUAL PROPERTY PROTECTION AND INNOVATION
After reforms to national intellectual property laws, biomedical
companies in Brazil and Jordan have become “very dynamic
innovators,” Ryan said. One Brazilian company has
turned decades of research toward developing its own products.
A Jordanian company, instead of focusing on producing generic
drugs, has secured 80 patents worth $5 million since 2006.
Layton said that he already has been approached by a number
of developing countries about how they can protect their
products and has identified 30 potential industries in Africa
that could benefit from intellectual property protection.