Council for Trade-Related Aspects of Intellectual Property Rights - Intellectual property and innovation : IP awareness and cooperation - Communication from Australia ; Canada ; the European Union ; Hong Kong, China ; Japan ; Republic of Korea ; New Zealand ; Singapore ; Switzerland ; The Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu ; the United Kingdom ; the United States of America

INTELLECTUAL PROPERTY AND INNOVATION:

IP Awareness and Cooperation

Communication from Australia; Canada; the European Union; Hong Kong, China; Japan; REPUBLIC OF Korea; New Zealand; Singapore; Switzerland; the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu; the United Kingdom; the United States of America

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1  Introduction

1.  Intellectual property (IP) awareness and cooperation play a crucial role in protecting and promoting creativity and innovation. IP is central to modern innovation ecosystems, providing incentives for investment in new ideas and creative works, thereby fostering socio-economic growth[1]. IP knowledge and its active application are essential to supporting increased innovation and investment in research and development, disseminating creative works, and boosting trade.

2.  One way for Members to unlock IP's social and economic value is to improve their understanding of IP and its role in supporting creativity and innovation. Members can then assist creators, innovators, entrepreneurs, and businesses with understanding how to protect, manage, and use IP and IP Rights (IPRs) at home and abroad, and how their creations and innovations can most effectively be shared to the benefit of all.

3.  Cooperation is an important means through which IP awareness can be developed domestically and internationally. Members have cooperated to enhance IP awareness by collaborating through institutions such as the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO), Free Trade Agreements (FTAs), and bilateral dialogues. Through cooperation initiatives to promote IP awareness, Members can foster a culture that values and protects creativity and innovation.

2  Domestic Frameworks that Support IP Awareness and Cooperation

4.  Building a robust domestic IP framework is a good first step in creating the systems that can support strong domestic and international IP awareness and cooperation. The formation of resilient and effective partnerships within a jurisdiction may help in the development of such a framework. For example, IP offices, government agencies, industry, and other stakeholder groups can work together to develop good practices, shared experience, and guidance on the protection of IP. IP offices can also work with educators, creators, universities, research institutions, inventors, and entrepreneurs to ensure stakeholder needs are heard and the potential effects of policies are evaluated. These consultations will help government officials and public policy makers understand the impact that the domestic IP framework has on innovation, and will help to ensure that the IP policy is effective in practice.

5.  Some Members may also consider working closely with specific industry associations and civil society groups so that IP awareness and cooperation resources can be tailored to individual sectors and needs. For example, making the public aware of the value of IP and the consequences of infringement supports the creation of a more ethical and sustainable marketplace.

6.  Some Members with robust domestic IP frameworks have regional IP advisors or IP attachés to help with their international IP cooperation. These advisors help create partnerships with local governments and play a crucial role in integrating IP into regional business support programs, thereby contributing to reducing regional disparities in economic development.

3  Bilateral IP Awareness and Cooperation

7.  IP awareness can be further developed through bilateral IP cooperation in the form of direct technical and best practice exchanges. Bilateral IP awareness and cooperation between developed and developing country WTO Members and their IP offices to develop local IP initiatives can highlight the economic and social benefits that IP can bring to the development agenda. Technical expert exchanges can assist in providing training in fields such as trademark examination, patent examination, and industrial design registration.

8.  Free Trade Agreements (FTAs) can play an important role in supporting and fostering IP awareness and cooperation between trading partners. Ongoing IP cooperation through FTAs helps to ensure that trading partners remain forward-looking with their IP systems. IP awareness remains an area that is perennially changing, particularly as technology and consumer attitudes evolve. Consequently, it lends itself well to ongoing cooperation under an FTA, where parties can share best practices and develop new tools to enhance the public's understanding of the importance of IP.

4  IP Awareness and Cooperation in Multilateral Institutions

9.  Large institutional settings can foster positive and cooperative working relationships, and offer additional opportunities to share common challenges and best practices regarding the importance of IP awareness.

10.  For example, discussions at the WTO TRIPS Council include ad-hoc items and side events highlighting and building upon shared experiences. Discussions at WIPO bring awareness to IP issues in frontier and emerging technologies, including AI and green technology. These and other multilateral conversations enable important cooperation among experts on how IP can address present and future global challenges.

5  Questions for discussion

a._    How has your IP framework supported strong domestic and international IP awareness and cooperation?

b._    What are the main barriers to cross-border IP awareness and cooperation?

c._    How can emerging technologies, such as in the digital space, help facilitate collaborative approaches to IP awareness and cooperation?

d._    How can Members improve collaboration regarding IP awareness and cooperation such as sharing good practice and innovative approaches, and learning from successes and failures?

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[1] EPO and EUIPO (2021), 2021 Intellectual property rights and firm performance in the European Union https://www.euipo.europa.eu/en/publications/intellectual-property-rights-and-firm-performance-in-the-european-union