Creative Economy: A Feasible Development Option

6The role of intellectual property in the creative economyor entirely restructured structures. Thus the insight providedhere will be useful to those hoping to enter the creative economy,as well as to those already participating in it. Thisanalysis could help deepen the understanding of policymakersand regulators. See also chapters 5 and 7.A number of international and United Nations organizationsdeal with intellectual property issues. Notably,WIPO, a specialized agency of the United Nations, ismandated to develop a balanced and accessible internationalintellectual property system throughout the world throughcooperation among States and in collaboration with otherinternational organizations. An important part of its missionis promoting the creation, dissemination, use and protectionof works of the human mind for economic, cultural andsocial progress. The efforts of WIPO are inscribed in its6.2 What are intellectual property rights?Intellectual property regimes are the legal rights thatresult from intellectual activity in the industrial, scientific,literary and artistic fields. They aim to safeguard creators andother producers of intellectual goods and services by grantingthem certain time-limited rights to control the use made ofthose productions. These rights do not apply to the physicalobject in which the creation may be embodied, but instead tothe intellectual creation as such. IPRs can take the form ofcopyrights or geographical indications and appellations oforigin, topics that will be elaborated later, but IPRs can alsobe applied as follows:■■Patent: an exclusive right granted for an invention that hasan element of novelty and utility. In a practical sense, theexistence of the patent system constitutes an importantincentive for inventive, innovative and creative activity.Patent rights run for a limited length of time, generally upto 20 years, as long as the maintenance fees are paid;Industrial design: the appearance or aesthetic aspect of thewhole or part of a product that may consist, in particular,of the lines, contours, colours, patterns, shape, surface,texture of materials of the product itself. To be protected,a design must appeal to the eye. Industrial designs areapplied to products of industry and handicraft, such asjewellery, architectural structures or textile designs. Theowner is assured an exclusive right against unauthorizedmandate to create better conditions and opportunities forinternational trade, development and growth in the creativeeconomy.UNCTAD is implementing a transfer of technologyand IPR work programme and pays particular attention tothe interface among international policies in the area of technologytransfer, intellectual property and investment.Through its research activities on information technologyfor development, UNCTAD has on several occasionsaddressed open-source and open-access issues. In the contextof the WTO, the Agreement on Trade-Related Aspects ofIntellectual Property Rights (TRIPS) indicates minimumstandards for many forms of intellectual property regulationand introduces intellectual property issues into the internationaltrading system.■copying or imitation usually up to a maximum of 15 to25 years;Trademark: may be one or a combination of words, lettersand numerals. It may consist of drawings, symbols, threedimensionalsigns such as the shape and packaging ofgoods, music or vocal sounds, fragrances, or colours usedas distinguishing features. A trademark ensures the exclusiveright to use it to identify goods or services, or toauthorize another to use it in return for payment.Trademarks must be distinctive, but nowadays almostanything can be a trademark.The aim of the intellectual property system is to encouragethe creative activity of local artists and businesses and supportthe transformation of this activity into products that reachthe market, both local and global. Supporting domestic creatorsand entrepreneurs engaged in the creation, production,marketing, broadcast or distribution of creative works is a keystep towards cultural vitality and economic prosperity. The roleof intellectual property is affirmed not only in internationalproperty conventions but also in key instruments in other policyareas, such as the Convention on the Protection andPromotion of the Diversity of Cultural Expressions, whichrecognizes “the importance of intellectual property rights insustaining those involved in cultural creativity”. 11 Preamble to the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005), available online at http://portal.unesco.org/en/ev.php-URL_ID=31038&URL_DO=DO_TOPIC&URL_SECTION=201.html#AUTHORITATIVE.170 CREATIVE ECONOMY REPORT 2010