WIPO Workshop on Intellectual Property for Business for

WIPO Workshop on Intellectual Property for Business for Small and Medium-Sized Enterprises (SMEs) Dar-es-Salaam, May 10 and 11, 2005 Industrial Designs and Copyright as Tools of Business By Atangcho N. Akonumbo May 11, 2005 1

Introduction • Situating industrial design and copyright in the IP system • Benefits of the IP system • Awareness of SMEs as to the IP system and its advantages • Focus of the presentation 2

Nature of both Rights • Industrial designs - definition - rationale/scope of protection - duration • Copryright - definition - rationale/scope of protection - duration * Peculiarity: Need not be registered 3

Complementarity of both Rights • Mutually exclusive rights i. e. they may exist side by side on two-dimensional or three dimensional creative works of art. (Example) • However, both rights may also stand as alternatives. Thus, industrial design may be protected as an artistic work under copyright law only (or under unfair competition law or superficially as a trademark) • Mutually exclusive nature of Industrial design with IPRs other than copyright: tendency in different systems. 4

Why Business Tools? • Business policies for SMEs that may be struggling to find their way of maintain a foothold in an existing trade must necessarily, consider IP issues related to their business. • Most SMEs in less developed regions and even in some developed regions are still very much unaware of the IP system, its role and import to modern business. 5

How Business Tools? Copyright and industrial design rights may be exploited for commercial purposes through: • • assignment or transfer; licensing or franchising; collective management (copyright); character merchandising (copyright); detecting infringement; resale of rights (copyright); detecting infringements and enforcing rights; Others. 6

Business Tools for which end? • IP assets enhance business policy and together with capital, and other resources, constitute a whole in business strategy. • Industrial design and copyright can be helpful marketing tools to promote sales, encourage customer loyalty increase revenues through income from licensing or franchising, as the case may be. 7

Any Need to resort to IP Protection Regimes? • The problem of unfair trade practices • Reluctance of SMEs vis-à-vis the IP system 8

Concluding Remarks • The need for SMEs to consider designs and copyright as tools of protection and commercialization in businesses. • Avoidance of infringement of other's rights 9

END Thank you 10