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CONTENTS

WHAT IS INTELLECTUAL PROPERTY?
Two experts explain the mysteries of patents, trademarks, copyrights, and trade secrets.

SUPPORT FOR ECONOMIC AND POLITICAL FREEDOM
The former U.S. Commissioner of Patents and Trademarks suggests why it is in every country's interest to establish and maintain an effective intellectual property system.

A DEVELOPING COUNTRY'S PERSPECTIVE
Intellectual property rights, says a Ghanaian copyright official, galvanize domestic industry while retaining national culture, inventiveness, and creativity.

PROGRESS IN THE PHARMACEUTICAL INDUSTRY
Striking a blow against patent piracy is essential to the future of pharmaceutical research, says a former association executive.

A TRADE ASSOCIATION AT WORK
The representative of a book publishing association recounts her organization's efforts to enforce international copyright standards.

INTERNATIONAL POLICY AND ACCORDS
Here are the key multinational treaties and conventions that require member countries to provide intellectual property protection for the benefit of foreign nationals.

GLOSSARY
From assignment to World Trade Organization, an attorney defines some commonly used terms related to intellectual property rights.

SOURCES OF INFORMATION ON INTELLECTUAL PROPERTY
How to get in touch with U.S. government entities, international organizations, and other groups in the forefront of the intellectual property scene.

ADDITIONAL READINGS

IN BRIEF...

Fair Use

Copyright in an Electronic Age

The U.S. Patent System

The U.S. Special 301 Process

The World Intellectual Property Organization

  A TRADE ASSOCIATION AT WORK
By Nisha M. Vora

Over the past three years, U.S. trade losses due to book and journal piracy abroad have exceeded $1,500 million. This loss underscores the need for improved enforcement and adherence to international copyright standards. Furthermore, the lack of support for copyright protection diminishes the incentive for creation of new works, which, in turn, means educational systems, industry, and related businesses around the world do not grow.
    The Association of American Publishers, Inc. (AAP) is the primary trade association for the U.S. book publishing industry. AAP works, along with the other copyright industries, to develop and promote international copyright standards that further economic development, enhance global trade, and encourage the exchange of ideas and products. AAP also promotes compliance for protection through enforcement and education.
    AAP works closely with U.S. government agencies and other members of the copyright community to encourage foreign governments to pass and enforce stringent laws protecting the rights of owners and creators of intellectual property. The U.S. publishing industry also participates in domestic and international book fairs, government-sponsored seminars and speakers programs, and meetings with foreign visitors to discuss intellectual property rights issues.
    Under the auspices of its International Committee, AAP conducts an ongoing enforcement campaign to combat international piracy and illegal photocopying of copyrighted works. The committee coordinates legal action on behalf of AAP members and gathers data on both improvements in local laws and on lack of enforcement to give to the International Intellectual Property Alliance (IIPA), which prepares an annual evaluation of copyright protection around the world.
    To assist publishers in developing countries around the world to secure reprint and translation rights, AAP also runs the U.S. International Copyright Information Center (INCINC), which was established following the 1971 revision of the Universal Copyright Convention and the Berne Union. The 1971 revision, among other things, provided that states that are regarded as developing countries (according to the established practice of the UN General Assembly) and that file notification of that status may avail themselves of special compulsory licensing privileges under the terms of the convention. At the AAP office in Washington, D.C., staff are available to assist publishers throughout the world in their efforts to locate the copyright holders of U.S. published works.
    Further, to promote adherence to copyright standards, the U.S. publishing community seeks to work with publishers in other countries to identify requirements for ensuring adequate and effective protection of copyrighted works (both good laws and good enforcement of those laws). AAP is also active with the International Publishers Association, whose members are publishing associations from all over the world, to share information on copyright protection and enforcement.
    AAP works to further the business interests of college publishers by enhancing the perceived value of instructional materials and stengthening intellectual property rights in the college marketplace. Through an on-campus educational effort, AAP also works to encourage compliance with the copyright law within the higher education community and the commercial copying facilities that serve it.
    In light of the impact of new digital communications technology, the AAP is determined to promote and strengthen protection for materials in electronic form. The AAP Board set up a special task force to explore Copyright Management Systems (CMS) for doing business and managing information on the Internet. CMSs can, among other things, provide access and enforcement tools, track usage, and facilitate electronic buying, selling, and licensing.
    Each year, the International Intellectual Property Alliance, of which AAP is a member, files a report to the United States Trade Representative (USTR) detailing the countries whose intellectual property rights practices do not adequately protect U.S. copyrights due to outdated copyright regimes, lack of enforcement, or other market access barriers. In the report for losses due to piracy in 1998, the book industry lost over $685 million in the 64 countries identified.
    The U.S. publishing industry supports the notion that copyright protection promotes creativity and that the creation of original works will further education, will protect the development of new technology, and will allow copyright industries to prosper in all nations.



Nisha M. Vora is assistant director for copyright and new technology with the Association of American Publishers.

SIDEBAR: Case Study: Anti-Piracy Efforts in South Korea

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