Women are increasingly taking up leadership roles and making their voices heard in the science, technology, business and the arts.
This is welcome news. Working together, we strive to improve humanity’s ability to enrich our shared cultural wealth and develop effective solutions to alleviate poverty, boost global health and safeguard the environment.
This is why the World Intellectual Property Organisation (WIPO) has chosen, as the theme for this year’s World Intellectual Property Day, ‘Powering change: Women in innovation and creativity’.
World IP Day is celebrated annually on April 26, and this year is no exception. The World Intellectual Property Organisation chose this day to celebrate and promote the understanding of the role that intellectual property plays in our day-to-day lives. The date chosen is significant in that it was the date on which the WIPO Convention came into force in 1970.
This year, my wish for World IP Day is for a collective effort in the sector: legislators need to push the boundaries of intellectual property laws in order to cater for emerging technologies; meanwhile, enterprises should focus internally on research and development to propel Malta as an innovator and pioneer.
Our legislators – not solely Maltese but also those in Brussels – need to continuously work in addressing intellectual property issues as technology changes
Last year saw Malta lead the EU Council presidency – on the agenda were many items of intellectual property since the EU had spearheaded the IP agenda with copyright legislative proposals and introducing updated trademark legislation. The Maltese office was abuzz with the IP work created during the presidency and we look forward to the changes that are to come.
However, as an IP practitioner I cannot help but feel that the EU’s copyright proposals fall a little bit off the mark. Yes, there are new exceptions being introduced for work carried out by archives and libraries – very much needed, especially by our national archives and library. However, what about exploring new proposals for the application of copyright amid new technologies?
Our legislators – not solely Maltese but also those in Brussels – need to continuously work in addressing intellectual property issues as technology changes.
True, the aim is to produce technology-neutral laws, however, it is inevitable that new tech will bring with it new IP questions. Leaving those questions to be answered by our courts may appear to be the perfect shortcut, but increasing the court’s workload seldom is the correct approach.
This is especially true when we recognise that our courts should, at the very least, have at their disposal laws that are updated, which work hand in hand with other laws, and which transpose European law yet still keep a balance with underpinning Maltese legal philosophies and realities.
But let us turn now to address Maltese entrepreneurs. How valuably are their intellectual property assets marked on their books? Have they sought the right protection? Who are their infringers?
These are the basic IP questions we ask, but there are more questions that can be asked, questions which delve deeper, and are more uncomfortable: how highly do entrepreneurs prioritise research and development in their budgets? Can they do more to push innovation?
And what about coming together? When we band together, resources can be pooled, and consortia set up. Pooling technology can lead to more efficient licences, tapping a client base that was previously unreachable. Setting up a consortium can, for example, bring us a step closer to obtaining a Maltese geographical indication of origin.
Yes, it is commendable that we celebrate Maltese wines of distinction – we have many wines to be proud of in Malta. But likewise, we have other products capable of enjoying protected status, which status can be granted by a geographical indication of origin.
And therefore my call on this World IP Day is not only in celebration of women innovators – their work is tireless and dedicated and they should be celebrated every day, not only today – but it is also a call to embrace innovation and recognise that intellectual property assets form the backbone of all successful businesses.
Jeanine Rizzo specialises in intellectual property law at Fenech & Fenech Advocates. This article is not intended to offer professional advice and one should not act upon the matters referred to in it without seeking specific advice.
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