In recent years such organizations as WIPO, UN-TNC, IESC, USIA, USAID, PMA, to name but a few, have sent me on missions to many developing countries to "spread the gospel" of IPR's, as I like to call it. It has been a real privilege and challenge to engage in such "missionary" activities in India, Indonesia, Malaysia, Mongolia, Pakistan and Thailand in Asia; Bulgaria and Russia in Eastern Europe and all of the Central American and most of the South American countries. The trips to these countries were also very memorable experiences.

The key points which I tried to convey in talks and discussions in these developing countries are the following:

• The defence of IPR's today is the new frontier as were the human rights yesterday.

• An effective IP system is indispensable to technological and cultural development, which in turn is indispensable to economic growth and social welfare.

• There is solid correlation between the quantity of investments a country can attract from abroad and domestically and the quality of IP systems.

• An IP system should be part of a country's infrastructure from the outset rather than something thought about after reaching a fairly advanced state of development.

• An IP system does benefit nationals, not just foreign corporations; after all, there is genius and creativity everywhere but they need nurture.

• Subject matter that is viewed as too important to be protected, like pharmaceuticals and products of biotechnology, is on the contrary, too important not to be protected.

• A patent and other IP are property and as such are not and cannot be monopolies.

• Of the several incentives provided by the IP system, namely, to invent or create, to disclose, and to invest, the incentive to invest is the most important.

• Technology transfer, licensing and investments are ever so much easier to carry out and accomplish via patents and other IPR's as vehicles or bases.

And in conclusion, I urge a six-phase course of action:

• Modernization and strengthening of national IP legislation;

• Installation of an effective IP administration;

• Adherence to al relevant and important international IP treaties;

• Furtherance of appreciation in all sectors of the importance of IP in economic and cultural development;

• Improvement of judicial mechanisms for the enforcement and defence of IPR's;

And

• Establishment of regional, centralized IP systems and offices

I visited Islamabad, Lahore and Karachi in Pakistan under USIA auspices. I had the opportunity to speak before a variety of business and legal groups, to give a series of media interviews, and to visit law firms, publishers and the Pakistani patent, trademark and copyright offices.

In Pakistan, as well as on prior trips to other developing countries, I was pleased to find that some of my more telling points resonated with the audiences but sceptical comments and testy questions abounded, which should come as no surprise, as for example:

• Copying and imitation are basic human traits and nothing can be done about it;

• The U.S. left the Japanese alone when they copied U.S. products, but turns on us;

• With the free flow of goods there should be free flow of information and technology as a matter of human rights;

• The degree of respect for IPR's should depend on the degree of economic development

• A patent system that is rooted in America should not have to be adopted in Pakistan;

• Pakistan should be free to participate or opt out;

• 30 million Pakistanis don't have access to medicines and enforcement of IPR's would make it wodeveloping countries need assistance and forbearance, especially those that were exploited by colonial mastersWestern IP policies are unfriendly and barren of compassion;

• The U.S. should use more the carrot than the stick;

• IPR's should be shared, even if, or especially if, they are property.

It was not always easy to respond to such comments and questions, coming out of the blue. Particularly tricky was this question: if a patent is a contract between an inventor and his government and grants protection in exchange for disclosure, what should a foreign country grant protection when there is no quid pro quo? Because of the reciprocal treatment and the fact that the benefits are worldwide, it is fair to give protection.

The day after I gave a speech in Lahore about the nature and importance of IPR's, a headline in The News in Lahore screamed, "Intellectual property rights more important than human rights" and reported that I had "observed that the protection or intellectual property rights was a matter of greater concern for the developed world than the protection of basic human rights." Of course, I said no such thing and I was unaware at the time that Lahore had come under scrutiny as a centre for child labour.
However, the realization that inadequate IP protection has negative effects on Pakistan's economic development is beginning to set in. One CEO at an Islamabad record firm described to me how pirating was driving local recording companies and publishers out of business. The number of employees in his firm had dropped from 400 to just 11; another company had recently folded up completely.

Among the problems Pakistan and other countries face in upgrading their IP protection are understaffed and under-financed government IP agencies, a lack of teaching of the subject in universities, and a cumbersome judicial system that passes down rather nominal damage awards and penalties for pirating. Yet a number of people I met with felt that the climate for IP protection was improving. They pointed to the enactment of better laws more anti-piracy raids and a greater consciousness in government circles of the importance of IP in fostering economic development and foreign investment.
My next mission was to spread the gospel of IPR's in Madagascar - another "long-forgotten country at the end of the world," where " travelling is not for everybody."

The USIA awarded me a US Speaker and Specialist Grant to undertake an IPR's project in Madagascar and pursuant to this grant USIA Antananarivo has invited me to address government officials, businessmen and the media on the economic benefits for countries which observe IPR rules and why an effective IP system is indispensable to technological development and economic growth. The topicality of this assignment is straight down my alley, so I look forward very much to this mission as well as to the Madagascar experience.

Author:
Karl F. Jorda
David Rines Professor of Intellectual Property Law and Industrial Innovation