WIPO - Intellectual Property Protection

What follows is the text of a speech given by Philippe Kern to WIPO (World Intellectual Property Organisation) on13 April 2005.

Thank you Mr Chairman and congratulations upon your election and that of your vice-chair.

I am speaking on behalf of  the associations of independent music companies (

IMPALA

) and the European Film Companies Alliance ( EFCA).

These organisations represent small and medium sized companies active in the copyright sector.  They represent companies that evolve in the music and the cinema market that is increasingly difficult to access because of excessive concentration (in music two companies now hold a 60% market share world wide – Hollywood exercise a similar market domination in the cinema sector). Members of

IMPALA

and EFCA want to promote cultural diversity, meaning improved trade exchanges between creators.

Indeed

IMPALA

and EFCA believe that the challenge of IP protection is to enable creativity to become an activity with economic and trade implications. The laws on intellectual property provide a set of criteria, the dynamic of the market place provides another.

We believe that WIPO – within its mandate – can play an important function by enabling the creation of economic value from creativity and by building a bridge between IP laws and the market realities.

Delegates of WIPO should bear in mind that copyright based industries all over the world are mostly composed of SMEs and micro enterprises. No less than 95% of creative industries are SMEs. They provide the majority of jobs in the creative industries.  They are however increasingly marginalised in the market place.

We believe that copyright constitutes a key element of any effective development strategy and we are grateful to WIPO for the high level of harmonisation achieved at international level.

In the framework of its development agenda we propose that WIPO fosters the participation of creators and SMEs in the process of economic development. This involves:

·        Promoting a good understanding of how effective and equitable copyright management can create a sustainable creative industry.  WIPO training and technical assistance should include a focus on the management of copyright with a view to encouraging effective commercial exploitation of copyright

·        Helping creators and companies to understand the digital environment, in order to reduce the digital divide and make the most of the international distribution and copyright protection opportunities offered by digital technology.

·        Fostering the development of commercial partnerships between SMEs from the developed and developing world with a view to encouraging joint projects (co-productions, co-distributions.  This includes supporting the establishment of vehicles at local level that enable the exercise of IP rights..

·        Promoting the importance of copyright / intangible assets to the financial community. Copyright is the most valuable asset of cultural industries – yet this is not recognised in accounting standards.

These points and further elaboration on our views can be found in the Joint Position of the Coalition for Creative Development, which can be found on the table outside.

Last but not least in the absence of international law governing competition

IMPALA

and EFCA believe that WIPO has a role to play in promoting an open and level playing field. Strong and effective enforcement of competition policy rules is an essential public policy objective.

13 April 2005