Introduction:
I’m honored to stand here today as the first lecturer in the activities of this exhibition. I would like to thank His Majesty Sultan Qaboos the Glorious for this kind and honorable invitation. I also express my gratitude to the sponsor of this exhibition, His Highness Fahd bin Mahmud Al-Said, Deputy Prime Minister for Cabinet Affairs and to his fine government, and to my brother, Abdul Aziz Al-Rawwas, Minister of Information, and finally to the exhibition’s committee. I am also pleased with the presence of this galaxy of people of thought and opinion to discuss an important issue which is the future of our Arab region with which thinkers are really concerned and who fervently hope to have a promising and hopeful future.
Creativity and innovation through technology and smart management both constitute the spine of economic growth in our modern time. It is the same, whether we’ll apply the theory of modernization of materials, goods and means or the theory of new ideas, this or that of economical theories has led and will lead to building economic empires.
Accordingly, companies which spend 10% of their revenues on research and development programs, are the ones which monopolize the market in order to recover their costs and make their profits in record time.
I suppose that the Arab world now geographically, but not economically, exists. Communication, transport and linking means don’t exist and the intraregional trade also doesn’t reach 7.5% of the total external trade. The volume of investments and employment in the Arab world constantly retreat, and this situation does not please anyone.
Today, creativity must be the most important topic in the minds of the developing world leaders. New information and ideas will soon be the vital goods in trade. We also have to know that the integration between information and major media companies is only a prelude to further dominance. It was anciently said that whoever possesses information also has power.
I believe that the WTO is paying attention to the protection of intellect and creativity through the TRIPS, one of the most important agreements of the GATT. Based on this fact, it has become clear that organizing international relations has taken on new dimensions in order to create similarities between countries, leading to a status of security and peace.
We see the convention of conferences for the environment, women and human rights. We also see force and direct mediation being practiced against warring entities to quell tensions which consume humans and not the fruits of research and development for goods and services. In my view, investment in modern technologies will be more attractive than that in arms. Peace and cooperation are not only humane, but they also have their justified commercial aspects.
If things remain unchanged for us Arabs, then romantics will not reap what they dream of. We must invest available opportunities, and deal with the membership requirements of international institutions, since we are after all a part of this world.
The present phase requires from us as Arabs to coordinate efforts to develop joint or coordinated legislation that can protect intellectual property (IP). This can prevent our laws to become diverse in a way that imposes conditions that don’t respect our national needs in the case of joining international conventions and agreements. No Arab country, no matter how politically or economically powerful, can exert any pressure in negotiations in a way that is better or more efficient than that of a unified Arab position which depends on laws of great coordination and coherence.
Part I:
Definition of Industrial Property and Copyright
Modern jurisprudence established a name for a new kind of rights (called the moral rights), after dividing rights into two main sections -namely: rights in rem and personal rights- failed to accommodate all types of an individual’s financial rights. The moral right has two aspects: the first is literary; it concentrates on the right of a person to attribute to him his ideas. The second one is financial and is limited to a person's right to benefit financially from the fruits of his/her production.
Moral rights are divided into three types:
- Literary and artistic rights which are the same as copyrights.
- Industrial property right concerning innovations such as trademarks, inventions, drawings and industrial models, distinctive signs for products and brand names.
- Commercial property right, which is the traders’ rights related to their businesses, which are considered an independent asset from their basic components.
In this context, we mean by the intellectual property rights, the different fields connected to literature, industry and commerce. And by industrial property we mean all of the previously mentioned aspects excluding copyrights.
Copyrights (which includes: books, booklets and other written materials; oral works such as lectures, speeches and sermons; theatrical literature, musicals, pantomime, photography, computer programs and other works of arts and painting ...etc..) . Copyrights appearance is largely associated with the development of photocopying which allowed fast and relatively inexpensive production of books copies. The decrease in the level of literacy has increased the demand for printed books and works in general. This intensified the importance of the protection of authors and publishers from duplicating their literary works without authorization from their original owners.
Chapter 1: Islamic Perspective on Copyrights:
Creative intellectual production means: the visual images that are produced from the talents ingrained in the soul of the author or the scientist and so on, and created by his/herself without being preceded by anyone else.
Intellectual creativity is based on a culture that was formulated by previous creations and scientific heritage. It is different as the effort is, therefore, creativity is relative and not absolute.
Intellectual production can be benefited from just as materialistis or tangible assets can, but it is more advanced. It’s the criterion of differentiation between people, as Allah Almighty said: (Say: "Are those equal, those who know and those who do not know?). Islam stated that knowledge is one of the instinctual human requirements, as God said: ((Allah) Most Gracious, It is He who has taught the Qur'an, He has created man, He has taught him speech and intelligence).There is neither intelligence nor speech without intellect, God also said: (He taught man that which he knew not).
Intellectual production in the view of Islam is beneficial, as the Holy Prophet said: “God please provide me with useful knowledge.”
Scientific production when separated from its creator is like a fruit detached from its tree, yet nevertheless scientific production can still relate in one way or another to its inventor. It is a formative component of the heritage of the nation over time.
There is no inconsistency between what someone earns as a reward for an effort in life and what is decided for him/her as far as religion is concerned. So an intellectual production can be inherited if separated from the owner and coming onto its own, or it could be of financial value with which people deal.
In fact, the creative intellectual production in terms of its legitimate Islamic ruling (Al-sharia) is based on two types of acquired interests. One of these is it being a property with a monetary value, and this benefit belongs to the author, publisher and distributor. The second is a confirmed interest that belongs to human society. Consequently, this right is one of God’s because of its broad benefits and its great advantages. So intellectual production consists of the following characteristics:
1) Specialization, which represents the essence of ownership. There is no meaning to specialization of something or some production if that particular product is of no value.
2) Prevention, which results from the first feature .We mean by this, preventing others from benefiting from the thing you own.
3) The ability to conduct businesses with it, and exchange this property for something. This is the characteristic of ownership in Islam.
4) The right to file a legal claim, as a result of the legal protection of this right.
Needless to say, that a beneficiary can use a book to extract some of the authors ideas and reform them in his/her own creative work. This is considered a part of the personal benefit that he/she is entitled to it without violating or exploiting someone else’s rights but with the need to employ references (to the original creator of the idea). A person can’t impersonate a book’s chapter or even a sentence so that the impostor attributes them to him/herself. This is considered a violation and elimination of the writer’s right and effort just like breaching the physical property of this author. It is forbidden in Qur’an, God said: (And do not eat up your property among yourselves for vanities), the prophet Mohammad (Peace and blessings of Allah be upon him) said: (Taking man’s money is forbidden unless he/she allows it). Academic centers and universities can also benefit from the books they have in the way mentioned before, since they have the right to do so and because it’s in the well-being of the society. Furthermore it is the only way to take advantage of the scientific resources.
Therefore, an author can’t forbid the right to academically exploit his work as mentioned before. According to Islam, society has a right in every individual’s right, and that’s what is expressed as the right of God. Al-shatbi in the 2nd volume of his book “The Permits”, agrees with that, otherwise this will be considered as concealment of science, which is forbidden. But the author still has the right to prevent the financial exploitation of his book.
The inherited right of the intellectual production exploitation might lead, after successive generations, to disturb the balance concerning the principle of justice in the Islamic transactions. Consequently, it was decided to limit the duration of the right of exploitation especially if we noticed that the origin of benefit is “timing”. Sources of Islamic jurisprudence (the Fiqh) agreed the duration must not exceed 60 years from the author’s date of passing, since the scientific production is relatively creative because it depends on the heritage of our forefathers and it’s a public right of the nation as being similar to waqf (devoting a building or plot of land for Muslim common right of the nation and a part of its heritage over the centuries. religious or charitable purposes). After that the creative intellectual production will become a
The author, by spending time and effort on his/her work, is regarded as a manufacturer, with his work or composition being analagous to manufactured products. He/she is also free to permit or rfuse the use of his/her work, with or without costs.
International law has come up with a standard to estimate the benefit of a creative intellectual product in terms of quantity (number of copies or printed or manufactured models). According to the quantity the value or price will be determined. Furthermore, the quality like the quantity, plays a part in determining the price. Quality here means the originality of the production, the degree of the creativity and its influence in light of what specialists and experts’ decide.
Chapter 2: The Development of the Copyrights in the Modern Age:
In this chapter, talking about the development of copyrights and the author’s rights, and the growth of intellectual property rights in general, will force us to delve into the international and regional perspective on the protection of industrial property and copyrights (Section A), and also to review the international agreements in relation to the protection of intellectual property rights and copyrights (Section B).
Section A:
1. The international perspective on the protection of intellectual property rights and copyrights, represented by the World Intellectual Property Organization (WIPO):
Following the establishment of this international organization in 1967, 16 Arab countries out of 120 others had joined it up till the year 1993. This organization took the lead to raise awareness and defend intellectual property rights as well as fighting commercial fraud. The WIPO took a part in helping many countries in modernizing their laws and training their cadres, it did that side by side with the Arab Society for the Protection of Industrial Property (ASPIP).This organization takes credit for creating a governmental committee of experts to study the necessary steps to prevent counterfeiting and to study the national legislations in order to activate the role the TRIPS agreement plays.
2. The regional perspective on the protection of intellectual property rights and copyrights represented by ASPIP:
ASPIP is a specialized Arab body founded in 1987 in Munich,Germany. This society includes the best of Arab experts in the area of intellectual property protection. The founders set up goals for the society, which are: laying the foundations for the developments of intellectual property issues in the Arab World, modernizing the laws that were suggested to the Arab states which don’t have protective legislations, training local employees to apply rules, spread awareness in the area of intellectual property rights, represent the Arab profession in international gatherings, and take a part in the international committees specialized in forming standards and totalitarian regimes. The Society issues the only specialized magazine about this subject, and it is also preparing for a Master’s program in IP, in coordination with the specialized academy in The League of Arab States.
Section B:
International Agreements Related to Intellectual Property Rights (IPRs) Protection and Copyrights
1. Berne Convention
The international need for a global unified system for the protection of copyrights, in general, led to the formulation of a treaty and its adoption on September 9, 1886 in Berne, Switzerland. This treaty was called the Berne Convention for the Protection of Literary and Artistic Works and was adopted so as to guarantee the protection of copyrights in all its member states which up to this date has reached 117 countries.
Over the past few years, countries have rushed to join this Convention, thanks to the increased awareness on the importance of copyright protection in the new world trade system, whereby the trade of commodities and protected services under IPRs on the international level has been growing and developing globally.
2. TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights)
The West realized that its interest can be met through the avoidance of clashes and the lifting of trade restrictions. Accordingly, the Bretton Woods Conference was convened in 1944 resulting in the decision to establish the World Bank (WB), the International Monetary Fund (IMF) and the World Trade Organization (WTO) in order for countries to coordinate their economic policies. Each of the World Bank and the IMF were founded, unlike the WTO.
In 1947, 23 countries signed the General Agreement on Tariffs and Trade in Geneva, also known as the GATT, leading to several rounds of talks between the signatories aimed at increasing the membership of the treaty. The rounds ended with the Uruguay Round which lasted from 1986 to 1993 whereby membership reached 117 countries, 8 of which were Arab ones.
On the 15th of April 1994, the establishment of the WTO was announced to become an umbrella organization to both the old and new GATT treaties by the start of 1995.
The significance of this organization springs from the fact that it is a body which possesses executive authority over its members and includes follow-up committees and decision-making councils. Moreover, its decisions are binding which means, in brief, that it forms a legislative, executive and judicial entity.
The GATT included several other sub-treaties such as the TRIPS to which membership has not been compulsory until the foundation of the WTO which decided that all sub-treaties become an integral part of the main one. The number of sub-treaties reached 28, serving multilateral purposes with the TRIPS being one of the three main treaties with a council of its own that supervises its work within the WTO.
The TRIPs agreement states the granting of a 5-year transitional period to developing countries for them to start applying its rules, whereby, sufficient time was given to Arab countries to develop their legislation so as to comply with the regulations of the treaty. Moreover the treaty also grants a further 5 year period for the poorer countries in order for them to apply the principles of patent protection, for patents that were registered before the agreement was signed .
This treaty requires the recognition of other international treaties related to intellectual property such as the Paris, Berne and Rome Conventions, following a coordination agreement signed between the WIPO and the WTO.
3. American Convention for Trademark and Commercial Protection
Under this treaty, the US government calls for countries to sign bilateral agreements with it in order to make their laws compatible with that of the US. It also urges the prioritization of the date of innovation as opposed to the date of registration for the protection of that innovation. The agreement also grants a one year period for countries to completely apply its sections/articles, which actually violates the TRIPs. This is because the TRIPs requires the enforcement of only its minimum standards within a 5 year transitional period. Moreover countries that signed the TRIPs have the right to enforce stricter regulations, given that they are applied comprehensively.
4. Euro-Mediterranean Partnership Agreement
Under this agreement, European and Mediterranean countries propose the establishment of duty-free zones to expand the frame of cooperation. The draft of the agreement includes a commitment from those countries to protect their intellectual properties within three years from ratification of the agreement as well as a commitment to the Madrid Agreement.
I do believe that the TRIPs was fair to the advanced nations through providing the appropriate rules for intellectual property protection and hence the message to developing countries has become clear and our Arab world has a short period of time to face this challenge according to the stipulation of this agreement. The Secretariat of the Gulf Cooperation Council (GCC) has previously declared that the protection of intellectual property holds priority in GCC governments and that it is working to facilitate this principle in the 6 countries of the GCC, especially in the field of patents. I see in the proposed GCC patent law a step in the right direction.
Part II:
Harmonization of Arab Copyright Legislation and its Position with the New International System
Many Arab countries execute the minimum international copyright standards. Following are a summary of the position of those laws in their respective countries and what should be further done in order for those countries to abide with the minimum standards when it comes to executing TRIPS requirement terms.
1. Algeria:
Algeria announced in 1987 its intention to commit to the GATT, and has participated in the Uruguay Round of negotiations and signed the Marrakesh Treaty of 1994. The submission of its commitment contract to the WTO is expected by December 1999. Algeria has an observer status in the WTO.
2. Bahrain:
One of the founding members of the WTO with a voting right in its General Council, Bahrain is committed to each of the GATT and TRIPS statutes. It presented its special supplement on goods and service prior to the Marrakesh meeting of March 1994; however, it has not produced a supplement related to either intellectual property rights or the Berne Convention on copyrights. Currently amendments on national laws are taking place in order to comply with the goals of the TRIPS. Bahrain crowned its commitment to intellectual property by joining the World Intellectual Property Organization (WIPO) and signing both the Paris and Berne Conventions.
As for the currently utilized Bahraini copyright law, we can note that computer programs are protected as literary works; moreover, there is no mention of sound recordings and database protection should be enforced and the protection period should be elongated to 50 years. As in the case of exceptions, it needs further clarification.
3. Arab Republic of Egypt:
Egypt signed the Uruguay Round Agreements Act (URAA) on March 20, 1994, and finalized the amendment of the patent law No.133 for the year 1949. Moreover, the drafting of a new law proposal has recently been finalized. Egypt enjoys voting rights in the WTO's General Council and has won international recognition in the field of modern technology, thanks to its lengthy experience in that area, as well as for its efforts to modernize legislation concerned with protection.
As for the currently utilized Egyptian copyright law, we can find that computer programs are protected by law as literary works. Moreover, there is no text relating to sound recordings leasing rights and there are broad exemptions for personal use; adding to that there is a lack of deterrent measures and clarity in relation to retransmission through cable or radio.
4. Hashemite Kingdom of Jordan:
Jordan has expressed its conviction on the importance of WTO membership and amendment is expected to revise its intellectual property laws in order to be compatible with that of the organization and its requirements. The protection directorate has taken preliminary actions towards the realization of this goal and coordination has been taking place with EU countries in this regard.
Through the currently applied copyright law in Jordan, we note that there should be: an increase in punitive actions regarding cases of infringement, revision of items related to compulsory licensing, inclusion of material related to the protection of sound recordings and the cancellation of special copyright conditions in government offices. Moreover, the protection period is short and there is a lack of protection against importing; in addition there are broad exemptions (compulsory licensing is unacceptable). Intentions are currently directed towards amendment of the law.
5. State of Kuwait:
Amendment to the trademark law began on 1/1/1995 in order to allow for the registration of service marks. However, Kuwait has not joined any international agreement in this regard and is a member of the WTO with voting rights in the General Council and therefore has to revise its laws so as to comply with that of the TRIPS, while taking into consideration standard requirements such as the Berne Convention. Given that Kuwait is considered a developing country, it enjoys a transitional period until 1/1/2000 to amend its laws.
The proposed copyright law in Kuwait does not provide protection to sound recordings and the period of protection is insufficient. Moreover, there is no specific leasing right and protection against importing correspondent to it. The proposed law includes strict requirements for depositing copyrights in the related government office and consists of a wide exception (such as unacceptable compulsory licensing related to translation). It also offers uncoordinated punitive actions to avert counterfeiting.
6. Lebanon:
On December 28, 1994, the Lebanese government presented a request to join the WTO and is currently studying the effects of joining both the TRIPS and the WTO and has been contacting the WTO headquarters in Geneva for follow-ups. According to the sources of the committee formed for this purpose, amendments on laws are necessary.
7. Libya and Iraq:
Both countries are subject to UN sanctions and therefore none of the countries underwent procedures with the aim of joining neither the WTO nor the TRIPS. Moreover, neither imposed amendment on any of their laws to achieve the required standards of the mentioned treaty.
8. Kingdom of Morocco:
Morocco enjoys voting rights in the WTO General Council and plays an effective role in the Organization's activities.
The set up of the International Centre of Commerce, which became a permanent centre for international trade in Morocco, is considered to be a leading governmental effort.
Amendment is still under parliamentary consideration and is mainly related to investment and foreign trade laws.
9. Sultanate of Oman:
On the 26th of June 1996, the Sultanate presented a request to join the WTO and now enjoys an observer status in the organization.
The issuance of the copyright law, passed through royal decree No. 47 for the year 1996 on June 8, 1996, has confirmed the Sultanate's strategy towards the area of international cooperation and also confirmed its goal-driven policy to become an integrated part of the global economy. Work on the preparation of the executive statute of the law is currently underway after which the law will be enforced.
This law yields several benefits, one of which is adding protection to computer programs including databases and making the exposure or the facility of exposure of computer programs before their production a crime punishable by law. Other benefits include the expiry of economic rights to copyright subject matters after 50 years from the death of the author or last survived co-author in the case of co-authorships.
We can note that the Omani copyright law has comported to the trends of the TRIPS international system on several issues such as computer programs and databases, where we can see for example, that it has categorized them as literary work according to the Berne Convention (Paris formula in 1971) and are mentioned in items 10/1 and 10/2 of the TRIPS.
On the other hand, we can also note that the law has not followed the same trends when it relied on the life-time of an author or the expiration of financial exploitation right after 50 years from the death of the author. It should be noted that Article 12 of the TRIPS states the importance of another basis when it comes to calculating the period of protection as opposed to the author's life-time, and that the period in question should be no less than 50 years from the end of the calendar year in which the work was produced.
10. West Bank and Gaza:
The Palestinian Authority is neither a member of the WTO nor any other similar international treaty. In the West Bank, Jordanian protection laws are applied, while in Gaza Palestinian protection laws are applied. It has become known recently that intentions are directed towards the unification of protection laws in both areas and considering them as one.
In March 1995, the Arab Society for the Protection of Intellectual Property (ASIP) adopted the proposal of new unified laws in addition to a batch of other laws for the Authority to endorse. Discussions have taken place for the immediate adoption of each of the trademark, agents and middlemen laws and following the recent election of the Palestinian legislative council, it is most likely that these laws will be issued soon.
Recently the Authority has opened up an office for the registration of industrial property in Ramallah.
11. Qatar
Qatar recently joined the WTO and currently, a study aimed at devising patent laws as well as intellectual property and tax laws is undergoing. Qatar issued a copyright law recently on July 22, 1995 which will be worked upon in 1996.
12. Yemen
In Yemen, the intellectual right law was issued due to the impact of the situation in both parts of Yemen and their subsequent unification. However, the trademark law is the currently utilized law out of the batch of laws and Yemen is a member of the WTO.
13. Kingdom of Saudi Arabia:
Saudi Arabia has neither joined the GATT nor the WTO; however, it has shown intention to do so. It has formed a committee for this deed that includes representatives from each of the foreign, trade and finance ministries to prepare for the study. The Minister of Trade has asked the Saudi Trademark Office for a translated copy of the TRIPS, which was accomplished along with some added comments made by the Office. The Saudi Patent Office did not have a part in the mentioned committee.
The draft law for industrial models which was prepared 5 years ago is still under study and it is hoped that it will be issued soon. Saudi Arabia is considered a developing country and therefore can enjoy a transitional period of 5 years before joining the treaty to coordinate its protection laws in accordance to international standards.
With regards to the context of the copyright law currently utilized, we can see that it concentrates on the non-restriction of foreign works and the protection of computer programs as a separate category from literary work. There is no mention of sound recordings or audiovisual works protection and the protection period is insufficient. Moreover, there are broad personal use exemptions, the laws concerning compulsory licensing are unclear and the depositing of works to government office workers is obligatory. Additionally, punitive actions are non-deterrent and items related to foreign works and re-broadcasting through satellite are vague.
14. Syria
Syria's position towards the GATT and TRIPS is still vague, however, the issue is a subject of debate and study on behalf of the related parties, bearing in mind that intentions are moving towards amending laws to fit international and Syrian requirements.
15. Tunisia
Tunisia has the right to vote in the WTO's General Council and has to amend its laws in order for them to be compatible with international standards. Tunisia withdrew from the Madrid Treaty specialized in the international registration of trademarks a few years ago, which affected its reputation in that field internationally.
16. UAE
The UAE signed the GATT on April 15, 1994 in Marakesh and there are still a few 'in the air' issues that are subject for study and are related to the list of goods and services proposed by the UAE.
The transitional period granted to the UAE by the TRIPs is still unknown. The relevant ministers have unveiled their projects to the unity government whereby they revealed the necessary steps to be taken.
As for the copyright law currently utilized, we can note that it does not mention the restriction of foreign works and that there is no text that provides for the protection of sound recordings. Moreover, there are broad exemptions to protection, the protection period is insufficient, deterrent actions are not enough and items related to the right of usage and previous works are vague.
17. Other Arab Countries:
In regards to other Arab countries, particularly Sudan, (which has an observer status in the WTO) Somalia and Djibouti, the prospect of membership to the organization or/and treaty is not clear yet.
Part III
Role of Arab Bodies in Protecting Intellectual Property and Copyright
Arab Licensing and Technology Transfer Society (ALTTS)
If we look at the official aspect related to the role of governments in the protection of intellectual property and copyright, we can see that they have undertaken the task of receiving applications related to copyright and industrial property in general. The authority keeps a register consisting of granted titles of protection where it is responsible for managing them, keeping them executable and publishing information related to them as well as applications. The authority also performs promotional services concerning patents for information technology beneficiaries. Therefore, we can find that most laws in many countries require reporting back to government authorities in industrial property and technology transfer agreements.
On this point in particular, related to benefiting from IT and technology transfer, and looking at the role of non-governmental bodies concerning licensing contracts (contracts where the owner of an industrial property protection title licenses another person or entity to carry out one or more transaction, related to the owner’s exclusive rights), and considering the importance of these contracts, in addition to other points like the response to changes in international trade liberalization and their profound effects on internationally organizing IP rights and the reflections of this onto technology transfer contracts, and through studying the TRIPS, then due to all this, trends and intentions were directed towards the creation of a system where there is a proportional balance between individual and group rights as well as the rights of the advanced exporting nations and that of the developing importing ones.
The treaty's draft states the importance of supporting developing countries in setting up industrial and technological institutions. Moreover, Article 7 of the treaty also states that one of the goals of the treaty is to assist in transporting this technology and facilitating its transfer across countries. Finally, Article 29 states that full and comprehensive disclosure of patents of innovation is a prerequisite to their registration. This type of disclosure facilitates full access to sciences and research and following their development for all those interested in this knowledge.
In light of these facts, it is logical that new research priorities will emerge in the WTO, the most important of which may be licensing contracts and technology transfer. There is a conflict of principle between the advanced and developing nations in this regard. Advanced nations strive to enforce franchising and licensing contracts that will provide intellectual property protection for their citizens while at the same time limit the competitive ability of recipients of this technology. On the other hand, developing countries aim to attain contracts that aim at creating competitive industries that can enable them to enter the world of effective economies.
And from this came the idea of setting up the Arab Licensing and Technology Transfer Society (ALTTS), where I don’t think I can find a better platform to call for your participation in its establishment and invite you to attend its founding meeting on April 23, 1997, which will take place in line with the Second International Arab Conference for Intellectual Property, under the sponsorship of His Highness, Sheikh Khalifah Bin Salman, Prime Minister of Bahrain.
The idea for establishing the society came about after networking took place between the Licensing Executive Society International (LESI), myself, being the President of the Arab Society for the Protection of Industrial Property (ASIP) and Mr. Eric Hughes, President of Abu-Ghazaleh Intellectual Property and ex-President of the German Patent Office. The idea was to set up a body that would include experts in intellectual property and law, industrialists, academics and government officials in our Arab world under the name of the Arab Licensing and Technology Transfer Society (ALTTS), whereby this society, upon its establishment, will request membership of the WTO to become one of the regional groups in the organization.
ALTTS aims at studying and preparing for a comprehensive Arab outlook that represents the basis of the Arab position in negotiations of licensing and technology transfer. In addition to the above-mentioned, the society aims for the following:
1. To work as a non-profit vocational and educational society to enhance performance and professional morality of those working in the field of licensing, technology transfer and intellectual property.
2. To assist its members in improvising their skills and methods related to licensing and concession rights through self-education and the conduction of special studies and researches as well as organizing and sponsoring training courses and distributing related material and technical reports through the exchange of ideas related to licensing, technology transfer and intellectual property rights.
3. To inform, educate and raise awareness of the commerce society, governmental bodies and people on the economic importance of licensing, technology transfer and intellectual property rights through the usage of the appropriate methods.
4. To sponsor and conduct researches related to licensing, technology transfer and intellectual property rights on an international level.
5. To set up a system for the settlement of all disputes whether they arise from between members of the Society or others through arbitration.
6. To assist the Society's members on conducting and executing similar activities to its own and coordinate such activities with other committee events that harbor similar goals on the international level.
Conclusion:
Through our demonstration of the subject of this lecture, we can come out with the following analytical points:
- The Arab economy is going through a changeable stage and there is evidence indicating that change will happen. Maybe countries who have opened this area to its private sector will achieve better success than those whose public sector is still more effective.
- In the past, most Arab countries favored the centralization of control and surveillance. Now, decentralization has become a pressing need; an example of this is Lebanon and its activation of the private sector which has been widely copied.
- The GATT has set forth its mission to achieve the four freedoms: the removal of restrictions, facilitating the freedom of movement for individuals, freedom of the transport of goods and freedom of capital.
- Despite the 50 years delay in the birth of the WTO, where it was supposed to have been formed after the Bretton Woods Conference of 1940, which led to the creation of each of the World Bank and the IMF, the WTO is predicted to have a leading and central position in the near future.
- The GATT treaty comprises 2200 pages which demonstrate its comprehensiveness in all the economic-related aspects of the world.
- The GATT gave countries the freedom to sign bilateral and regional trade treaties which aim to loosen restrictions through using the appropriate methods to create free zones such as NAFTA, EU and the Pacific Basin, so that both developing and advanced countries can benefit equally. It is important to note here that the Talal Abu-Ghazaleh Organization has set out to prepare the Arabic version of the "GATT Guide for Businesspeople" under the terms of a recently signed agreement. The guide is expected to serve as a reference to all those interested and fill a gap related to that subject.
- Through the coordination of national and international policies, the national legislative power becomes a more cohesive tool capable of creating legislation that protects intellectual property, nurture the spirit of innovation and creativity, and protects the citizen from acts of infringement.
- Through Arab membership of this international treaty, which organizes the principles of protection for intellectual property elements and modernizes utilized laws, comes justice in society and a push to activate innovation and creativity, which without, no social or economic development will occur.
We have to be messengers to the leaders and decision-makers of the Arab world, in order to start with the procedures before it is too late.
- The activation of protection, control and inspection regulations guarantees for professionals in those fields an honest competitive business atmosphere without infringement on intellectual property rights (IPRs). It also contributes to the development and enhancement of productivity and delivers goods and services in accordance with modern standards. Moreover, the required transformation in the field of the protection of innovations and its scientific inspection in order to practically benefit from them along with technology transfer and organizing licensing contracts all will have an effect on those sectors.
- The advantage of intellectual property protection has had a profound impact on the investment atmosphere in the sense that a country cannot reap the benefits in the absence of developed and modern legislation. Protection also contributes to the promotion of transparency and justice amongst people. As Prophet Mohammed (PBUH) once said: "Honest and trustworthy merchants are cornered with the prophets and martyrs."
- In the science and technology sector, the development of protection rules encourages the creation of a generation of innovators and creators that can take part in the scientific and technological development and open new horizons for a promising futuristic outlook.
In conclusion, it is worth noting the results of the Henderson Report in the survey that the UN conducted in 1991 where he was noted as saying on the GATT: "For the first time in the history of economics, the call for trade liberalization has heightened from those parties who have continuously opposed it in the past, whereas this call used to stem from the advanced nations whom since 1973 have been enhancing the protection of its trade while the developing ones were liberalizing it."
May peace be upon you and God’s blessings and His mercy