INTELLECTUAL PROPERTY

An unknown or unexploited concept?

by
Censu Galea

www.mcmp.gov.mt

Intellectual Property refers to the creations of the mind: inventions, literary and artistic works, symbols, names and images used in commerce. Divided into two categories, industrial property and copyrights, its roots go back to 1883 when Johannes Brahms was composing his third symphony, Robert Louis Stevenson was writing Treasure Island, and John and Emily Roebling were completing the construction of New York’s Brooklyn Bridge. This led to the birth of the Paris Convention of Industrial Property that same year, marking the first major international treaty designed to help the people of one country obtain protection in other countries for the intellectual creations in the form of industrial property rights, known as inventions (patents), trademarks and industrial designs.

Intellectual property rights are like any other property rights – they allow the creator, or owner, of a patent, trademark, or copyright to benefit from is or her own work or investment. These rights are outlined in Article 27 of the Universal Declaration of Human Rights, which sets forth the right to benefit from the protection of moral and material interests resulting from authorship of any scientific, literary or artistic production.

Why should we promote and protect intellectual property? There are several compelling reasons. First the progress and well-being of humanity rests on its capacity for new creations in the areas of technology and culture. Secondly, the legal protection of these new creations encourages the expenditure of additional resources, which leads to further innovation. Third, the promotion and protection of intellectual property spurs economic growth, creates new jobs and industries and enhances the quality and enjoyment of life.

An efficient intellectual property system can help all countries, including ours, in realising its potential as a powerful tool for economic development and social and cultural well-being. It helps strike a balance between the interests of the innovator and the public interest, providing an environment in which creativity and invention can flourish, to the benefit of all.

Domestic legislation pertaining to intellectual property has been in 2001 updated with another at par with WIPO Conventions, the WTO Agreement and the European Union’s acquis. Such a route has been taken by many nations and as a result creators of intellectual property are accorded similar rights when they apply for protection in different countries.

When focusing on traditional methods in the acquisition of international protection, the owner of a new invention has to apply in each and every country where protection is sought, using different languages, paying separate fees to the respective patent offices, as well as charges to the national patent attorneys. This obviously is very costly and acts as deterrent to commercial exploitation of the invention.

The European Patent Convention encourages registration of inventions in countries otherwise not considered for registration since under its system of Intergovernmental Co-operation, it is possible for any legal person to file a single patent application in one of three official languages (English, French and German), and thereby obtain a patent with effect in one, several or all of the Contracting States. Furthermore the term, scope of protection and grounds of revocation are the same for all contracting states thereby providing harmonisation of protection and facilitating maintenance of the patent in the different states.

Government is also committed to this regard and Malta, besides being a members of the World Intellectual Property Organisation, is soon acceding to the European Patent Convention and the Patent Cooperation Treaty: This, I believe reflects the government’s full understanding of the importance of the protection of intellectual property. Not only in this country, within which human resources are the biggest resource, but also within the European and global sphere, where innovations are generally a result of extensive research involving considerable amounts of money.
Even though in Malta we are still expanding further our areas of innovation, I believe that a great amount of potential lies ahead. Not only in technology or pharmaceutical companies operating locally, being amongst the leaders of scientific research and innovations, but also beyond. The Engineering Department within the University of Malta, every year exhibits a number of projects undertaken by its students. All are innovative, new, and if applied to industry one could reap benefits, besides starting off a business venture. Young Enterprise too, organise on a yearly basis a competition whereby teams of students invent new products which easily apply for every day life, form a company, market and sell their creativity.

These are just two examples out of many others who demonstrate that we are capable of researching, developing and presenting innovative ideas. This is what the benefits of intellectual property are all about. Who knows how many other intellectuals or individuals come up with new ideas, designs or a myriad of other inventions, which could seem futile at first glance but which on the other hand if exploited correctly which could easily be developed into working tools.

It is expected in the number of patents registered at the local office will increase from the current 200 per annum, to 3000 over the next five years. This should be regarded as window of opportunity whereby protection of innovative products is not only facilitated in a number of different countries, both within Europe and beyond, but in also providing the tool of technology transfer which will be eventually available at the Commerce Division. This database, through an international registration system, will be offering information on over 100,000 patented inventions per year.

One of the main tools in ensuring that businesses remain competitive in an ever-increasing globalised economy is innovation, crucial to which are adequate patent laws and regulations. This is one of the main objectives of my Ministry – that of providing the business community with improved and supplementary information leading our industrialists and entrepreneurs to operate in a much more efficient and competitive environment in conforming to the requirements of modern technology.

In the increasingly knowledge-driven economy, intellectual property is a key consideration in day-to-day business decisions. New products brands and creative designs appear almost daily on the market and are the result of continuous human innovation and creativity, small and medium enterprises (SMEs) are often the driving force behind such innovations but however their innovative and creative capacity is not always fully exploited. We underline that adequate protection of a company’s intellectual property is a crucial step in deterring potential infringement and in turning ideas into business assists with real market value. T is also our responsibility as consumers to stay away from pirated products. This phenomenon is present around the globe, and exists in Malta too. Besides purchasing an inferior product with no guarantees, certification, and any other advantages that it may bring about, one has to understand that through our actions we are limiting creative and innovative growth thus resulting in a lower economic turnout within the sector.

Intellectual Property – an unknown or unexploited concept? I would dare say that as at present it is both. My Ministry in collaboration with the local Patent Office within the Commerce Division is working hard at creating further awareness on the area and in providing the necessary tools for a fruitful outcome. Every beginning is tough, but I am confident that as we have succeeded in overcoming several other obstacles in the past, we will accomplish in instilling this concept too, and reaping its profits. You can give a helping hand too.

Mr Censu Galea is Minister for Competitiveness and Communications