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OVERVIEW

OVERVIEW. The globalisation of the economy The development of new technologies The growth in importance of not ipr-protected business resources The politicisation of intellectual property law issues. THE GLOBALISATION OF THE ECONOMY 1.

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OVERVIEW

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  1. OVERVIEW • The globalisation of the economy • The development of new technologies • The growth in importance of not ipr-protected business resources • The politicisation of intellectual property law issues Molengraaff Institute Center for Intellectual Property Law (CIER)

  2. THE GLOBALISATION OF THE ECONOMY 1 • Globalisation refers to an integratory process in which cultural, economic and social impules are interrelated across borders to create global opportunities in the related spheres of social activities • Intellectual property law plays a major role in the globalisation process (e.g. exchange in cultural information, transfer of technology) as is evidenced by the TRIPS Agreement 1995 Molengraaff Institute Center for Intellectual Property Law (CIER)

  3. THE GLOBALISATION OF THE ECONOMY 2 • The following characteristics of globalisation can be mentioned • The relativisation of the nation state • The involvement of NGO’s • The rise of MNC’s Molengraaff Institute Center for Intellectual Property Law (CIER)

  4. THE GLOBALISATION OF THE ECONOMY 3 • The globalisation of the economy has important effects on the enforcement of intellectual property law • The international scale of trade causes tension with the traditionally territorial nature of most national ipr legislation. • The expansion of businesses into a growing number of markets makes it prohibitively expensive and often impossible in practice to enforce ipr’s • The applicable law and jurisdiction issues are vital as a consequence of the internationalisation of trade Molengraaff Institute Center for Intellectual Property Law (CIER)

  5. THE GLOBALISATION OF THE ECONOMY 4 • Issues concerning the applicable law and jurisdiction with respect to intellectual property law transactions and infringements will grow in relevance as businesses operate and trade on an increasingly international scale. These issues, and particularly the political consequence thereof, have to be studied in a multidisciplinary context. Molengraaff Institute Center for Intellectual Property Law (CIER)

  6. THE DEVELOPMENT OF NEW TECHNOLOGIES • The commercial application of new technologies (e.g. digital and communication technology and biotechnology) has (led not only to new types of goods and services, but also to new forms of exploitation and methods of infringement urging for international cooperation • The intellectual property law system, letting the market reward the creation and innovation of goods and services, is a concomitant if not an alternative instrument to state support Molengraaff Institute Center for Intellectual Property Law (CIER)

  7. THE GROWTH IN IMPORTANCE OF NOT IPR-PROTECTED BUSINESS RESOURCES 1 • With the growth of the service industries, new types of not-ipr protected creations and innovations are gaining in economic importance, making the business community searching for protection of these resources under the intellectual property law system • Until now, solutions have been found either by developing new, specific, suigeneris, categories of rights (e.g. database protection) or through a broader interpretation of what can be protected under traditional intellectual property law (e.g. software protection) Molengraaff Institute Center for Intellectual Property Law (CIER)

  8. THE GROWTH IN IMPORTACE OF NOT-IPR PROTECTED BUSINESS RESOURCES 2 • Increasing commercial interest in traditional cultural expressions and indigenous knowledge in plant and animal species, have raised questions of ownership of such resources, previously assumed to be in the public domain, and of whether, and how, they can be protected by intellectual property rights Molengraaff Institute Center for Intellectual Property Law (CIER)

  9. THE POLITICISATION OF INTELLECTUAL PROPERTY LAW ISSUES • Inclusion of ipr-related issues in the WTO Doha Development Agenda have established intellectual property law issues (e.g. there relationship between the TRIPS Agreement and the Convention on Biological Diversity), long considered technical in nature, in the political arena • As a consequence the business community has to be aware of the tension between commercial interests of the owners of intellectual property rights and the interests of the public at large in areas such as healthcare, agriculture, protection of the environment, competition policy and consumer protection Molengraaff Institute Center for Intellectual Property Law (CIER)

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