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LJD

LJD. LAW, JUSTICE and Development week 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT November 14-17, 2011 Washington DC. LAW JUSTICE and DEVELOPMENT. Intellectual Property & Development. -From the Viewpoint of East Asia- Katsuya Tamai Professor , the University of Tokyo.

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LJD

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  1. LJD LAW, JUSTICE and Development week 2011INNOVATION AND EMPOWERMENTFOR DEVELOPMENTNovember 14-17, 2011 Washington DC LAW JUSTICE and DEVELOPMENT

  2. Intellectual Property & Development -From the Viewpoint of East Asia- Katsuya Tamai Professor, the University of Tokyo LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT

  3. IP as a tool of “the Stronger” ? • Experience of Japanese Government • Pressure from the U.S. in 1980s • Uruguay Round (1986-95) • Started as the reorganization of the General Agreement on Tariffs and Trade (GATT) • Pressure from the U.S., EU and others • Incorporation of the IP into the WTO system as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT

  4. IP as a tool of “the Stronger” ? • WTO Ministerial Conference of 2001 • Declaration on the TRIPS agreement and public health on 14November 2001 • Recongnition of the ”flexibility” of the TRIPSAgreement • Bilateral Negotiation of U.S. and EU • Free trade agreements (FTA): Stronger protection of IP Rights than requested in TRIPS (TRIPS plus approach) LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT

  5. Individuals rather than countries to be focused on • IP Law provides individuals • for an improvement of human life • opportunities to be rewarded • at the price determined by negotiation b/w the creator and investors based on property rights system • Each individual does need • talent to create knowledge • no money to invest on his/her idea LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT

  6. Individuals rather than countriesto be focused on Examples: • Sun Microsystems (1982) • VinodKhosla, born 1955 in Delhi • Yahoo! (1994) • Jerry Chih-Yuan Yang, 1968 in Taipei • Google (1998) • Sergey Brin, 1973 in Moscow Even performers of traditional arts … LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT

  7. What China does • “Priority watch list“ in annual reports of the Office of the U.S. Trade Representative • Strategy for “Stronger IP” • 2008 Report of the State Council of the PRC • Not “IP protection after development,” But “IP and development in parallel” • Collaborative research at the Peking Univ. • Univ. of Tokyo & Panasonic LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT

  8. Structural Transformation of the Economy • 19th & 20th Century: Industries based on large scale facilities • Iron and steel • Petrochemical • Automobile • 21st Century: Knowledge based economy • Information • Computer software • Wireless network LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT

  9. Conclusion (1) • IP is not a tool of “the stronger” countries to monopolize the benefit • IP is a tool of individuals with talent, but no money, to develop their own lives • IP is important for developing countries • To hold talented people; • To promote knowledge based industries; and • To create their own success stories LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT

  10. Conclusion (2) • Recommendation to International Organizations including the World Bank • Access to high level knowledge • Investment on ICT infrastructures • Distribution of small devices • Connection to wireless networks • Not necessary: large scale facilities • Construction of the effective IP system as an “invisible” infrastructure LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT

  11. Thank you! tamai@ip.rcast.u-tokyo.ac.jp LJD WEEK 2011 INNOVATION AND EMPOWERMENT FOR DEVELOPMENT

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