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ICC International Chamber of Commerce on Intellectual Property

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Current and emerging intellectual property issues for business

Commission on Intellectual and Industrial Property, January 2001

Current and emerging intellectual property issues for business

With knowledge-intensive industries forming an ever-greater part of the world economy, intellectual property has become a key issue for policy makers and businesses. Fast-moving developments in technology, business, politics and society pose new challenges for companies reliant on intellectual property and for the system itself. In constant movement, the field of intellectual property has never been so much in the public eye.

To help guide the business community and policy makers through this changing landscape and to alert them to emerging intellectual property issues, ICC has prepared an overview of the key current and emerging issues in different fields of intellectual property today. This report also lays the blueprint for ICC's future work in intellectual property and identifies areas for immediate action.

Developments influencing the evolution of intellectual property protection are described in an introductory chapter. This is followed by a "roadmap" which sets out the key current and emerging intellectual property issues, and related business and recommended government actions. This report is intended to be an evolving working document, and ICC would welcome any comments on and contributions to it.

ICC thanks the many experts who contributed to this report for their valuable input, and particularly the members of the working party and drafters of the different sections. We hope that this initiative will assist policy-makers and businesses in addressing the key intellectual property issues of today and in preparing for the issues of the future.

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Introduction

Developments having an impact on intellectual property protection

Important economic, social, political and technological developments over the past few years have had a fundamental impact on how intellectual property is created, exploited and traded. This has put pressure on existing systems of intellectual property protection to adapt to accommodate these changes. Businesses reliant on the exploitation of intellectual property assets must, to remain competitive, ensure that the means available to them to protect their intellectual property are still effective in this evolving environment. This introduction describes the main forces changing the intellectual property landscape today and their possible impact on the creation and exploitation of intellectual property. Among these are:

1.The globalization of the economy 2.The development of new technologies 3.The growth in economic importance of non-technological business innovations and resources not protected by existing intellectual property regimes 4.The politicization of intellectual property issues 5.Changes in the ways businesses operate

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