or entirely restructured structures. Thus the insight provided here will be useful to those hoping to enter the creative economy, as well as to those already participating in it. This analysis could help deepen the understanding of policymakers and regulators. See also chapters 5 and 7.
The role of intellectual proper ty in the creative economy
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A number of international and United Nations organizations deal with intellectual property issues. Notably, WIPO, a specialized agency of the United Nations, is mandated to develop a balanced and accessible international intellectual property system throughout the world through cooperation among States and in collaboration with other international organizations. An important part of its mission is promoting the creation, dissemination, use and protection of works of the human mind for economic, cultural and social progress. The efforts of WIPO are inscribed in its
UNCTAD is implementing a transfer of technology and IPR work programme and pays particular attention to the interface among international policies in the area of technology transfer, intellectual property and investment. Through its research activities on information technology for development, UNCTAD has on several occasions addressed open-source and open-access issues. In the context of the WTO, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) indicates minimum standards for many forms of intellectual property regulation and introduces intellectual property issues into the international trading system.
6.2 What are intellectual property rights? Intellectual property regimes are the legal rights that result from intellectual activity in the industrial, scientific, literary and artistic fields. They aim to safeguard creators and other producers of intellectual goods and services by granting them certain time-limited rights to control the use made of those productions. These rights do not apply to the physical object in which the creation may be embodied, but instead to the intellectual creation as such. IPRs can take the form of copyrights or geographical indications and appellations of origin, topics that will be elaborated later, but IPRs can also be applied as follows: ■
Patent: an exclusive right granted for an invention that has an element of novelty and utility. In a practical sense, the existence of the patent system constitutes an important incentive for inventive, innovative and creative activity. Patent rights run for a limited length of time, generally up to 20 years, as long as the maintenance fees are paid;
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Industrial design: the appearance or aesthetic aspect of the whole 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 are applied to products of industry and handicraft, such as jewellery, architectural structures or textile designs. The owner is assured an exclusive right against unauthorized
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mandate to create better conditions and opportunities for international trade, development and growth in the creative economy.
copying or imitation usually up to a maximum of 15 to 25 years; ■
Trademark: may be one or a combination of words, letters and numerals. It may consist of drawings, symbols, threedimensional signs such as the shape and packaging of goods, music or vocal sounds, fragrances, or colours used as distinguishing features. A trademark ensures the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. Trademarks must be distinctive, but nowadays almost anything can be a trademark.
The aim of the intellectual property system is to encourage the creative activity of local artists and businesses and support the transformation of this activity into products that reach the market, both local and global. Supporting domestic creators and entrepreneurs engaged in the creation, production, marketing, broadcast or distribution of creative works is a key step towards cultural vitality and economic prosperity. The role of intellectual property is affirmed not only in international property conventions but also in key instruments in other policy areas, such as the Convention on the Protection and Promotion of the Diversity of Cultural Expressions, which recognizes “the importance of intellectual property rights in sustaining those involved in cultural creativity”.1
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.phpURL_ID=31038&URL_DO=DO_TOPIC&URL_SECTION=201.html#AUTHORITATIVE.
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