Celebrating World IP Day 2024 | Smart & Bigger

For World IP Day 2024, we asked three experts three questions. These were all related to the World Intellectual Property Organization's 2024 theme of IP and the SDGs: building a common future with innovation and creativity.

Read comments from principal Lei Liu and associates Chen Li and Meika Ellis.

How does intellectual property contribute to the social, environmental and economic interests of the planet?

Maker: When properly owned and leveraged, IP can foster the creation of innovative technologies and business models, leading to business success. Great business success provides support, opportunities, and resources for communities and contributes to economic growth.

If intellectual property systems recognize Indigenous legal traditions as a means of protecting Indigenous knowledge that has long been appropriated and exploited by others, intellectual property will be better able to provide social and environmental benefits. I think it will play a powerful role.

Ray: Climate change technologies create intangible assets and knowledge-based technologies. Intellectual property is a vital strategy to protect and commercialize these assets, facilitating further innovation.

How can IP protect traditional knowledge and cultural expressions (TK&CE) so that traditional ideas and methods are not misused or misrepresented in the public sphere?

Meika: There is no simple answer. Canada's current intellectual property system does not have reliable mechanisms to prevent misappropriation and abuse of TK&CE.

However, we have developed a range of intellectual property rights to include provisions that provide for the protection of indigenous languages ​​and designs, and provisions that expressly acknowledge that owners and holders of TK&CE have the right to protect their knowledge. There are opportunities to amend property laws and regulations. or provisions that provide specific remedies to Indigenous creators, businesses, knowledge holders, and communities and enable them to make knowledge-based claims (to protect intellectual property that includes Māori cultural elements); (see New Zealand law and Kenya's TK&CE Protection Act)

Even without legislative change, there are innovative ways to protect TK&CE across the boundaries of the intellectual property system. One example is through agreements that incorporate Indigenous legal traditions and Western legal systems, as was done to protect the rights of Witness Blanket (see Winnipeg Human Rights Museum and Carrie Newman).

How can intellectual property influence the future of medical innovation in a way that promotes well-being and equality for all?

Chen: I think IP will impact medical innovation in two main ways. First, intellectual property protection makes investments in medical research and development, which is known to be expensive and have a high failure rate, attractive. With the right policies in place and increased collaboration between the private and public sectors, intellectual property rights can drive innovation into difficult areas such as rare and neglected diseases. Second, the disclosure of innovative technologies, for example through the granting of patents, facilitates knowledge sharing and stimulates further advances in medical innovation.

How can IP accelerate clean technology innovation and build more sustainable and healthier communities around the world?

Ray: The first thing I want to say is that the term “climate tech” is now more commonly used than the term “clean tech.” Climate change technologies will impact every industry, from carbon capture to electric vehicles, food and beverages, recycled materials and pharmaceuticals.

Moreover, all climate technology organizations have a vested interest in protecting their innovation and intellectual property. The stronger the protection of intellectual property, the greater the incentive to continue investing in innovation.

For developing countries, more global cooperation in technology transfer is needed to facilitate broader adaptation of critical climate technologies.

What do you hope for the future of IP?

Maker: Canada's more inclusive intellectual property system is not only more accessible to Indigenous creators, businesses and communities, but it also protects traditional knowledge and cultural expression long before any other Canadian intellectual property system. We hope that it will be mindful of the deeply rooted legal traditions of indigenous peoples. Canada was also considered.

Chen: It wasn't until my second year of graduate school that I learned about the concept of intellectual property and its relevance to my research. When I learned about IP, it sparked a lifelong interest. We hope that educational institutions, regardless of academic discipline, will make efforts to introduce intellectual property into their curricula early on, in order to raise early awareness of intellectual property and the protection of intellectual property rights.

Ray: Encourage global adaptation of climate change technologies while ensuring innovators' interests are protected through IP.

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