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(Session sponsored by the Property Rights Alliance)
Saturday, 20 February 2016, Asia Liberty Forum 2016
Chair: Wan Saiful Wan Jan, Institute for Democracy and
Economic Affairs (IDEAS), Malaysia (holding the microphone in this photo)
Speakers (left to right, photo)
– Lorenzo Montanari, Property Rights Alliance, USA
– Barun Mitra, Liberty Institute, India
– Kriengsak Chareonwongsak, Institute of Future Studies
for Development, Thailand
– Julian Morris, Reason Foundation, USA
Mr Lorenzo Montanari from Property Rights Alliance (PRA)
began the session by proclaiming that “property rights are human rights.” PRA
helps develop the International Property Rights Index (IPRI), which ranks
countries according to the level of protection which is afforded to physical
and intellectual property. Based on the IPRI, Mr Montanari demonstrated the
significant correlation between stronger property rights protection with
greater economic growth rates and average income levels.
Barun Mitra of Liberty Institute, spoke about the
connection between the lack of property rights protection with the prevalence
of poverty. Mr Barun said that poverty in India is so widespread, because there
are insufficient laws to protect the rights of the poor. As a result, the poor
are often unable to capitalise on their assets. India’s original constitution
recognised property as a fundamental constitutional right. Unfortunately, in
1978, this provision was removed.
In advocating for stronger property rights, Mr Barun encourages
local communities to develop a spirit of entrepreneurship on their own. These
include the cultivation of their own land and construction of new community
buildings. Such initiatives do much to ameliorate the ill effects of weak
property rights for the poor in India. “Let’s make intellectual property rights
the issue of the century.”
With a particular focus on intellectual property, Dr
Kriengsak Chareonwongsak spoke next about the reasons why developing countries
often lag behind developed ones. These include high levels of corruption, poor
enforcement of laws, and incompetence of public servants in government
institutions when dealing with intellectual property rights issues. As a result
of such deficiencies, vibrant innovation is often missing from developing
nations, as many would-be innovators see no prospect of maintaining
ownership over their work.
One solution that Dr Kriengsak proposes is that
governments include private research as public goods. He opines that this will
persuade governments to appreciate innovation, because they are paying for it.
This would also prevent ‘stealing’ from other countries and competitors through
legal processes. More importantly, such a strategy will also give the poor
equal access to those intellectual resources.
In the final segment of this panel discussion, Julian
Morris of Reason Foundation examined the importance of trademarks. He said that
trademarks matter, as it facilitates identification and helps protect consumers
against fraud. Furthermore, trademarks enable more effective product
differentiation, thus helping producers build stronger reputations – which in
turn drives innovation that improves quality and efficiency.
Mr Morris also pointed out that trademarks are immensely
valuable; the top ten trademarks in the world alone are worth over half a
trillion dollars. In recent times however, trademarks have come under threat.
Inappropriate classifications may result in the registration of identical
trademarks by different producers for identical goods. Weak enforcement has
also lead to mass theft of trademarks by local producers in developing
countries, such as in the case of Lacoste’s famous crocodile. Results from poor
enforcement can sometimes be deadly, particularly in the case of counterfeit
medicines.
Mr Morris said that such threats can be resolved through
a more refined classification system worldwide, the legislation of harsher
punishments for violations of trademarks, and the removal of regulations that
undermine trademarks, such as plain packaging.
(Prepared by Yohannan "Yogi" Nair)
-------------See also:
IPR and Innovation 29, Civil society enforcement of patents, copyrights, January 18, 2016
IPR and Innovation 30, Patents and pharma issues in Asia in 2007, February 07, 2016
IPR and Innovation 31, Plain packaging and trademark-busting, February 19, 2016
IPR and Innovation 32, On TPP, medicines patent and tobacco trademark, February 29, 2016
IPR and Innovation 31, Plain packaging and trademark-busting, February 19, 2016
IPR and Innovation 32, On TPP, medicines patent and tobacco trademark, February 29, 2016
BWorld 45, Asia Liberty Forum and property rights, February 20, 2016
ALF 6, Panel discussion on property rights, February 23, 2016
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