- 1 - Enforcement of Intellectual Property Rights in Developing Countries
Protectable property interests are found in both real property and intellectual property.
Real property is a commonly understood concept; it is any physical or tangible property, such as
a house, a watch, or a piece of land. Intellectual property on the other hand is usually not
something you can touch, but exists and has value just the same. Copyrights, patents, trademarks
and trade secrets are all forms of intellectual property. Intellectual property rights (IPR) are
protected by both domestic and international legislation.
Intellectual property is divided into two categories: industrial property and copyright.
1
Industrial property includes patents, trademarks, industrial design, and geographic indications of
source.
2
Whereas copyright protects literary and artistic works such as novels, poems and plays,
films, musical works, drawings, paintings, photographs, sculptures and architectural designs.
3
Both individuals and businesses have an interest in protecting the investments made in
various forms of intellectual property. There is a great deal to be lost when IPR are not
protected. Piracy and counterfeiting fosters organized crime and adversely affects business and
private consumers.
The director of the U.S. Patent and Trademark Office, James Rogan, has reported that
more than 50% of U.S. exports in 2001 depended on some form of IP protection.
4
The
International AntiCounterfeiting Coalition (IACC), representing a cross section of businesses
and industries, is the largest international organization devoted solely to combating product
counterfeiting and piracy. According to an IACC report, U.S. Customs Service seized more than
$45 million in counterfeit and pirate products for the 2000 fiscal year, representing more than
3,200 shipments.
5
For the fiscal year 2001, the U.S. Customs Service seizures increased to more
than $57 million in counterfeit and pirate products, representing nearly 3,600 shipments.
6
And
in first half of the 2002 fiscal year, October 1, 2001 through March 31, 2002, U.S. Customs
1
World Intellectual Property Organization, About Intellectual Property, at
http://www.wipo.org/about-ip/en/
(last
visited May 28, 2002).
2
Id.
3
Id.
4
Vicki G. Norton and Alexander R. Schlee, Protecting Intellectual Property Overseas,
S
AN
D
IEGO
D
AILY
T
RANSCRIPT
,
July 31, 2002, at
http://www.sddt.com/reports/2002/07/intellectualproperty/td.cfm
.
5
International AntiCounterfeiting Coalition, Customs Seizes $45 Million in Counterfeits in FY 2000, China Leading
Source, at
http://www.iacc.org/
(last visited October 6, 2002). The fiscal year 2000 runs from October 1, 1999
through September 30, 2000. Id.
6
International AntiCounterfeiting Coalition, Customs Seizes over $57 million in Counterfeits during Fiscal Year
2001, at
http://www.iacc.org/
(last visited October 6, 2002).
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Convention