IP Vigilance in an Expanding Global IT Market
IP Vigilance in an Expanding Global IT Market By Lawrence A. Kogan, Esq.
Keynote Presentation at the: ITEC Philadelphia Conference 2008 Thinking Globally in Today’s Economic Environment and How to Expand Globally in an IT Market November 19, 2008 ITSSD, Inc. 2
IP Vigilance in an Expanding Global IT Market We are all now in the 21 st Century Knowledge Economy n n n Scientific & Technological know-how is now at an all-time premium US and European technology companies, including those in the IT sector, currently have a competitive advantage in the global marketplace Competitors in emerging and developing economies are struggling to keep up and want to secure the know-how that US and European companies possess Competitors, governments and civil society groups are working together in an effort to reduce the importance of these intellectual property rights and facilitate greater technology transfer at concession rate prices internationally. November 19, 2008 ITSSD, Inc. 3
IP Vigilance in an Expanding Global IT Market Company Considerations n IT companies must carefully plan how and where they will conduct R&D and undertake commercialization efforts, based on the ‘rule of law’ enabling environment of the countries in question Must look at the national constitution to discern strength and scope of private property (negative or positive) & due process – (transparency) Must look at the black letter statutory law (on the books) Must look at how the law on the books is actually enforced Must look at the reliability of the national and local court systems Must look at the level of corruption in the government Must look at the possible changes associated with incoming governments n E. g. – What to expect from an Obama Administration as concerns domestic and international protection of IP? ? ? November 19, 2008 ITSSD, Inc. 4
IP Vigilance in an Expanding Global IT Market Identify potential risks to patents, copyrights and trade secrets – How safe are they? ? n Evolving market competition – What is the threat of infringement? ? How difficult is it to secure a preliminary injunction? ? What is the threat of a ‘paradigm shift’? n n n Open source software Open standards Evolving laws, regulations and technical standards In the US and Foreign Countries n n n Potential patent and copyright reforms Compulsory licensing proposals? ? Government procurement programs requirements? ? In international United Nations organizations such as the WTO, WIPO, WHO, WSIS, UNHRC, etc. November 19, 2008 ITSSD, Inc. 5
IP Vigilance in an Expanding Global IT Market What is the ITSSD? n n An independent, nonpartisan not-for-profit legal research & educational organization dedicated to the promotion of a positive paradigm of sustainable development Educates and advocates internationally in favor of: Strong private property rights, including IP; Free markets with limited governmental interventions; Adherence by governments to the Rule of Law (not Rule of Men) Agrees with leading global scholars that economic private property rights are human rights worthy of intellectual recognition and protection Emphasizes the need to establish balanced, science-based and cost-effective national regulatory and standards systems. n Educates and advocates internationally against imposition of disguised non-tariff technical trade barriers November 19, 2008 ITSSD, Inc. 6
IP Vigilance in an Expanding Global IT Market How has ITSSD contributed to this debate? n n During 2007 -2008, ITSSD made presentations to foreign government regulators within Brazil, Russia, South Korea concerning IP rights and technical standards ITSSD has secured Ad Hoc Observer Status Within the WIPO: Standing Committee on the Law of Patents (SCP) n See October 2008 ITSSD Submissions in Response to WIPO Patent Report Provisional Committee on Proposals Related to a WIPO Development Agenda (PCDA) Advisory Committee on Enforcement (ACE) Standing Committee on Copyright and Related Rights (SCCR) n n Three ITSSD CEO-authored white papers discussing standards and disguised trade barriers posted on WTO website The UN and other international agencies recognize ITSSD UNESCAP (Economic Social Comm. Asia/Pacific) - ITSSD Website designated as ‘Selected Worldwide Website for ‘Trade and Investment’ and ‘Information Source – Trade and Environment’ WHO; INFOTERM – UNESCO; UNCTAD; UN University, World Bank November 19, 2008 ITSSD, Inc. 7
Providing an informed, reasoned, and dispassionate voice to the global public debate. ® COPYRIGHT © 2008 November 19, 2008 THE INSTITUTE FOR TRADE, STANDARDS AND SUSTAINABLE DEVELOPMENT, Inc. © Full Copyright Notice www. itssd. org http: //itssdinternationaliprights. blogspot. com http: //itssdinternationalstandards. blogspot. com ITSSD, Inc. 8
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