THE EDITOR, Sir:A COUNTRY'S people are its most important resource. This refers to, of course, not merely the physical manifestation of the inhabitants, but rather the collective intellectual capital and creative mental capacity of the population. Successful industrialised nations have recognised this and have put into place sophisticated systems to foster, harness and leverage this resource.
It is encouraging, therefore, to see steps being taken toward that end in Jamaica. I refer, of course, to the establishment of the Jamaica Intellectual Property Office (JIPO) in 2001 and its ongoing development. Minister Phillip Paulwell, under whose ministry the JIPO operates, deserves to be commended for his efforts in bringing this to fruition.
INTANGIBLE PROPERTY
Intellectual property is the term commonly used to encompass the four distinct forms of intangible property: copyrights, trademarks, patents and trade secrets. Copyrights are perhaps where the most immediate value may be found. For example, in a 1998 report by the United Nations Committee on Trade and Development (UNCTAD), it was reported that whereas Jamaican music generated in excess of US$1 billion globally in 1995, the total value of Jamaican music exports in the same year amounted to just US$1.4 million. Clearly this imbalance needs to be righted. With an effective Intellectual Property Office, with the requisite supporting legislation in place, musicians/producers/etc. will be better able to recover royalties from the use of their works through reciprocity between the JIPO and the relevant Intellectual Property agencies in other nations.
Trademarks, too, are valuable assets. Jamaica has many well-known and well-respected brands. It is important that the owners of said brands are able to protect their value by preventing their unauthorised use elsewhere. When fully functional the JIPO will be able to offer that protection, again through reciprocity agreements.
Patents cover novel and useful inventions. An inventor, through a patent, may be rewarded either through maintaining the exclusive right to its use, or through licensing of that right to another party. The JIPO should promote, facilitate, and subsidise the filing of patents, not only in Jamaica, but also in foreign jurisdictions, e.g. the United States of America. Inventions made in Jamaican universities and government laboratories should be patented and commercialisation opportunities pursued. Traditional healing arts and indigenous biological assets are other areas ripe for research, patenting and commercialisation efforts.
If Jamaicans doubt the value of intellectual property, they need look no further than the JIPO statistics for somewhat disconcerting reassurance. For the year 2001, only four per cent of the patents applied for, and only three per cent of the patents granted were from residents. Also, only 20 per cent of the trademark applications and only 17 per cent of the trademarks granted were from residents. The value is clear to non-residents; it's time for others to open their eyes.
I am, etc.,
ADRIAN CAMPBELL
adrian.campbell.b@bayer.com
New York, NY
Via Go-Jamaica
