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Geneva, July/August 2005

INNOVATIVE AFRICAFrom HIV vaccinesto solar-powered solutions

INTERNATIONAL YEAR OF PHYSICSEinstein’s patents

NATION BRANDINGHow countries capitalizeon their image

WORLD INTELLECTUAL PROPERTY ORGANIZATION

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Geneva,July - August 2005

Table of Contents

2 � IP, Nation Branding and Economic Development

6 � IP and BusinessIntellectual Property, Innovation and New Product Development

11 � Profile: Professor Victor Anomah Ngu, Cameroon

14 � Innovation in BotswanaThe Botswana Technology Centre

16 � Online Forum on Intellectual Property in the InformationSociety

19 � International Year of Physics – Einstein and Patents

20 � Symposium: IP Education for Human Resources inDeveloping Countries

22 � Committee MeetingsWork on Traditional Knowledge and Folklore Receives Broad Support

23 � Calendar of Meetings

24 � News SummaryA new web portal for patentsAsia-Pacific regional symposium on IP and developmentArbitration and mediation: a new electronic case facilityMexico honours Dr. Kamil Idris

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This article is based on a paper con-tributed by Mr. Simon Anholt at theWIPO International Seminar on In-tellectual Property, Geneva, May 2and 3, 2005. Mr Anholt is an advisoron Public Diplomacy to the BritishGovernment, as well as to a numberof other governments and UN agen-cies. His latest book, Brand America(Cyan Communications, 2004), willbe followed by Brand China in late2005. He is also Editor of the journalPlace Branding and Public Diplo-macy (www.placebranding.com).

Impeccable quality, performanceand reliability are simply the cost ofentry to most modern marketplaces– thus the brand has become a criti-cal factor. Whether the product be-ing sold is tangible or intangible, in-tellectual capital plays a vital roleby adding value to the product: with-out a distinctive and attractive brand,few of today’s leading companiescould have achieved, still less main-tained, their profitability, their mar-ket share, or the loyalty of their con-

Nation branding

The idea of country of origin (COO)effect – the power of an explicit orimplicit Geographical Indication toadd appeal to products and services,to create a price premium for them,and to stimulate customer loyaltytowards them – is well known. IfSony, Nintendo, Toyota and Yamahawere not first and foremost Japanesebrands, it’s hard to imagine that theywould enjoy the same prestige, andthe same applies to French luxurybrands like Chanel and Moët &Chandon, and to German engineer-ing brands like Mercedes, Bosch,Siemens and Audi.

The concept of nation-branding restson the observation that COO actu-ally affects far more than a country’sexported goods and services – itmakes a significant difference toperceptions of the country’s

� people (whether as employees,investors, immigrants, politiciansor media stars),

� sporting and cultural endeavors,� political and diplomatic relations

with other countries,� tourism and heritage attractions,� investment offerings,� media and other intellectual and

creative productions.

A country’s brand impacts virtuallyevery aspect of its international en-gagement, and thus plays a criticalrole in its economic, social, politi-cal and cultural progress. When, asa result of clear leadership from cen-tral government, all of these stake-

IP, NATION BRANDINGAND ECONOMIC

DEVELOPMENT

“Simply announcing one’s existence willnot attract tourism or investment; peopleneed to be given motivating reasons for

choosing to do business with a country… .Small states in particular find themselves

competing with one another for attentionfrom audiences that are not always well-informed about them.” – From the Estonia Style

brand book produced by the Brand Estonia project, whichsuccessfully changed the country’s brand image.

sumers and employees. The samebasic principle applies to countries.Without a powerful and positivereputation or “nation-brand,” nocountry can consistently competefor consumers, tourists, investors,immigrants and the respect and at-tention of other countries and theworld’s media.

‘Brand’ is a useful summation of theintangible competitive assets of anorganization or a country: its vision,its genius, its distinctive character,its people, its promise to the mar-ketplace. These are the factorswhich, when aligned around a clearstrategy, give it sustainable competi-tive advantage, the right and theability to charge a consistent pre-mium, and customer ‘permission’ toconstantly innovate and extend therange of products and services onoffer. The market capitalization ofmany companies often puts a valueon their brands which is many timesgreater than their tangible assets. Forexample, without brand value, themarket capitalization of Xeroxwould be a mere US$481 millionrather than US$6.5 billion. If it werepossible to measure the brand valueof countries, it would probably ex-ceed their physical resources by anequally large factor.

There may be many reasons why theintangible assets of poorer countrieshave not been ‘set to work’ for theeconomic growth and prosperity ofthe country, but brand theory sug-gests a highly significant one: thelack of a powerful strategy for de-ploying them in a productive andharmonized way.

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holders share a common vision ofthe country’s identity, and achievesome degree of harmonization be-tween their actions and communi-cations, there is a far greater chanceof the country’s image fairly andpositively reflecting its present real-ity. This is because the international‘audience’ is only likely to form acoherent and positive opinion of thecountry if the majority of the mes-sages they receive from it arebroadly aligned.

Tourism � Often the most visible as-pect of a country’s brand, tourism isusually also the most competentmarketing force. The touristic ‘idea’of the nation creates a visual imageof the country which can impactmany other areas of the nation’s per-formance. Foreign investors, for ex-ample, may well be influenced intheir choice of country by tourismimages, so this particular aspect ofthe nation’s IP needs to be seen asrather more than a simple saleschannel.

Exports � In developing countries,products and services are all too of-ten exported as unbranded com-modities. This represents a failure tocapitalize on the significant poten-tial for enhanced market valuethrough the IP of brand. A powerful,distinctive, broad-based and appeal-ing national brand is the most valu-able gift a government can give toits exporters. Today, branded exportsare one of the most potent ways ofbuilding and sustaining nationalimage.

Governance � Places are alsojudged by the part their leaders playin foreign and domestic affairs. “Po-litical IP” is, for various reasons, oneof the hardest elements of thenation’s intellectual capital to con-trol, but it has a particularly strongimpact.

The brand image of good gover-nance seems to exist independentlyof any detailed knowledge about it.In the first edition of the Anholt-GMINation Brands Index, for example,Sweden ranked highest in the worldfor stable and responsible gover-nance despite the fact that only a tinypercentage of the international panelpolled had any knowledge of thecountry’s politics, which party wasin power, or who was its head ofgovernment1.

People � When each ordinary citi-zen – not just diplomats, media starsand politicians – becomes a passion-ate ambassador for his or her homecountry or city, positive change canreally happen. The human capital ofthe nation is the country’s mainsource of intangible value: the skills,abilities, values and behavior of thepeople are its primary resource.

Investment and Immigration �Many of the best examples of rapidgrowth during the last century oc-curred because certain places be-came magnets for talent, investmentand business ventures. A reputationfor plentiful intellectual capital in-variably attracts more of the same,creating a virtual circle of acceler-ating quality and innovation. A pow-erful and consistent place brand canhelp get places on the right shortlists.

Culture and heritage – The intellec-tual capital of the nation’s heritage,history, culture and geography iswell known but often inefficientlychanneled into ‘added value’ forsellable assets. Places which treatgrowth as a purely economic issuerun the risk of developing a two-di-mensional brand image, of interestonly to investors, tax exiles and cur-rency speculators. Culture, heritageand sport provide the third dimen-sion, giving places richness, dignity,trust and respect abroad, and qual-ity of life at home.

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1 Source: www.nationbrandindex.com

Prochile (an agencyunder the ForeignMinistry’s DirectorateGeneral for InternationalEconomic Relations)together with public andprivate trade-relatedorganisations, isdeveloping a newstrategy to strenghtenChile’s image. The goal isto develop andbroadcast commonmessages to position thecountry’s products andservices, attract foreigninvestment, and increasethe inflow of tourists.

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Reality and perception: thebenefits of nation branding

The brand images of countries,whether good or bad, are seldom anentirely accurate reflection of the re-ality of the country. In the case ofdeveloping countries, the most com-mon reason for this is time: the coun-try may change quite quickly, but itsimage lags behind by years or de-cades and sometimes even centuries.

Many ‘transition economies’ sufferfrom an image which was forgedduring an earlier and very differentpolitical era, and which now ob-structs their political, economic,cultural and social aspirations.Slovenia is one example of a statewhich has succeeded admirably inrecasting perceptions through suc-cessful promotion of branded ex-ports (Elan skis, Gorenje appliances,Laško Pivo beer and others), com-prehensive and well-funded tourismcampaigns, and NATO and thenEuropean Union membership.

It is widely believed that little canbe done to correct a country’s im-age. But there are enough examplesof ‘best practice’ – such as Slovenia,Chile, New Zealand, South Africa,South Korea, Ireland, Spain and Aus-tralia – to prove that a country’s in-ternational reputation can be man-aged and changed to better repre-sent the current reality and futureaspirations of the place, as long asthere is a clear strategy for doing so,leadership, and proper coordinationbetween government, the public andprivate sector, and the population ingeneral.

This message is of critical impor-tance to developing nations, whichsimply do not have the time to waituntil their image catches up with therapid pace of their development.Place branding is a way of ensuringthat their fundamental human quali-ties, their efforts, achievements andambitions are seen, acknowledged,and properly interpreted in their ownregion and beyond2.

In short, nation branding ensures afaster and surer return on the invest-ment which countries, their donorsand foreign investors are making intheir development. In a deepersense, place branding also providesa way for newer, smaller and poorercountries to establish and broadcasttheir true cultural, social and histori-cal identity, and carve out a ‘percep-tual niche’ for themselves in the glo-bal community.

In a world dominated by the capi-talist system, it is easy to concludethat real competitive advantage canonly come from economic, politi-cal or military strength. However, asin any busy marketplace, there isroom on the global stage for brandswhich play by slightly different rules,there is room for niche brands, androom for brands which compete pri-marily on cultural excellence, ratherthan on economic muscle. Haitimay have difficulty attracting tour-ists, but its primary source of foreignincome is the export of naïve art, anindustry which has found access toglobal markets through the Internet.Haiti is still the poorest country inthe Americas, but a niche marketmay prove the beginning of a spe-cialist cluster.

In this sense, national brand is na-tional identity made tangible, robust,communicable and useful. A goodbrand represents a real competitiveedge, and is the single most valu-able item of IP which any nationpossesses. Knowing how to protect,develop and exploit this asset is thekey for translating the intangiblewealth of developing countries intoeconomic growth.

Physical products need physical dis-tribution if they are going to gener-ate income. Ideas need branding andmarketing. In the knowledgeeconomy, branding is both the stra-tegic discipline and the distributionchannel that can build success forsmaller countries and turn ideas intowealth.

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Slovenia producedcatalogues,brochures,magazines andDVDs aimed atdifferent sectorswhich helped topromote and changethe country’s imagein the relatively shortperiod of time sinceit gained autonomy.

2 See “Brand New Justice – How Branding Places and Products Can Help the Developing World” by Simon Anholt (Elsevier, Oxford, 2003/5).

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CASE STUDYIreland: Build it first and they will comeIreland today boasts one of the most vibrant high technology economies in Europe. Now referred to as “TheCeltic Tiger,” it is a perfect example of building up a country before promoting it. Over a decade-longstrategic effort (called the social partnership) between government, unions, employers, farming and commu-nity organizations, Ireland methodically built the economic infrastructure necessary to become a player in thenew world economy.

� Over the last three years the economy has grown at an average rate of more thanseven percent. It now records a large balance of payments surplus and current bud-get surplus.

� Exports account for three-quarters of national output, which is a level unique inEurope. It is the second biggest exporter of software in the world after the UnitedStates.

� It wins close to a quarter of all available US manufacturing investments in Europe,although it accounts for just one percent of the population.

� 45 percent of Irish workers are now employed by trans-national corporations, suchas Intel, IBM, Hewlett-Packard, Compaq and Sandoz.

� 53 percent of immigrants are natives – people who left Ireland to work elsewhereand are returning.

� A decade ago, average Irish incomes were less than two-thirds of average Britishincomes; last year they surpassed them.

In many ways, Ireland is a perfect example of “policy-based branding”. Rather thanspend millions on marketing communications in a probably futile attempt to make peoplechange their minds about this country – which until recently had been uniquely associated in people’s mindswith economic and social decline – the Irish government concentrated on proving the case that modernIreland was a magnet for foreign investment, a cradle of new technology, a strategically positioned Europeanbusiness and transport hub and the home of a motivated, highly educated and entrepreneurial workforce.

By concentrating all their energies on attracting foreign investment and making the economic miracle areality, the Irish government soon found that there was little need to spend money on marketing communica-tions to get the message across: what was happening to Ireland was such a remarkable story that the interna-tional media needed little encouragement to tell it to the world. Rather than buy costly advertising space, theIndustrial Development Authority (IDA) simply invited journalists to Ireland to show them what was going on– and the publicity came free.

Soon, something of the new atmosphere in Ireland, and the growing wealth of its people began to come outquite naturally in the way the country’s stakeholders carried out their regular communications – the touristboard, the national airline, the principal exporters – all began, quite unconsciously, to adopt a tone of confi-dence, of success, of a new self-respect and importance.

What the case of Ireland proves beyond doubt is that a reputation can only be earned, and a nation brandcan only be changed when the nation truly changes its behavior.

Source: Tobin, Paul, “Ireland, The Celtic Tiger: A Winning Economy.” CBS James Street, 1997; Rushworth, Nick. “The Celtic Tiger and the WildGeese.” abc.net, September 5, 1999; Hyland, Julie. “What makes the Celtic Tiger Run?” World Socialist Web Site, June 16, 1998; “In Step withthe Celtic Tiger.” www.ICEM.org, Vol. 4, No. 1, 1999. Case study source: “The Brand Called Wisconsin”, a white paper by Marsha Lindsay

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IP A

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Technological innovation is one ofthe principal determinants of busi-ness success. Enterprises stand toreap greater benefits from innovationif they consider the full range of in-tellectual property (IP) issues in newproduct development. Effective useof the tools of the IP system reducesrisk and facilitates the process of tak-ing innovative technology to themarket place, while at the same timeenhancing the competitiveness oftechnology-based enterprises.

In order to explain the role of thetools of the IP system, this articleexplores technological innovation asan interactive process made up of anumber of distinct stages, beginningwith the formulation of a novel idea/concept, followed by research anddevelopment (R&D), ending in thelaunch of a new or improved prod-uct in the marketplace. It will high-light the practical IP issues relevantto each stage.

Invention or innovation?

Innovation concerns the commer-cialization of new ideas, while in-vention is not necessarily directlyassociated with commercialization.1

Invention is the generation of a new

INTELLECTUAL PROPERTY,INNOVATION AND NEW

PRODUCT DEVELOPMENT

“...Because its purpose is to create a customer, busi-ness has two—and only two functions: Marketing andinnovation. Marketing and innovation produce results,all the rest are costs.” – Peter Drucker, management consultantand author of “Innovation and Entrepreneurship”

idea aimed at solving a specific tech-nical problem. Innovation can beseen as a process of interaction andfeedback during the various stagesof product development. Not all in-ventions are commercialized, so itis clear that not all inventions resultin innovation. Many new ideas areborn but “most die a lonely death,

never seeing the light of commer-cial success.”2

As is the case with inventions, sotrade secrets, utility models/pettypatents and patents are relevant forprotecting, managing, exploitingand leveraging innovations. Eco-nomic studies have revealed thatpatents are the preferred IP rightsought for the protection of techno-logical innovations. This seems toreflect the use of the terms ‘innova-tion’ and ‘invention’ as synonyms.For example, the number of patentsowned by an enterprise is often usedas one of the main indicators fordetermining its innovation intensity,

IP in the innovation process

Below is a graphic representation of the role of IP in the innovationprocess, identifying the types of IP tools that can be used at eachstage of the process. The choice of the type of IP tool at each stageshould be considered as part of the overall business strategy.

Conceptualization of anidea (decision to innovate)

Research and development(innovation intensity)

Trade secrets, patent information,patents, copyright, utility model

Trade secrets, patent information,patents, utility models,

Industrial designs, copyright,trademarks

Patents, utility models,patent information,

industrial designs, copyright

Patents, utility models,trademarks, copyright,

trade secrets, industrial designs

Patents, utility models,trademarks, industrial designs,

trade secrets

Productcommercialization

Product output(innovative output)

1 Mark Rogers, 1998, “The Definition and Measurement of Innovation”2 Brandt, J. L., “Capturing innovation: Turning Intellectual Assets into Business Assets”

Product designand prototyping

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and patents are used as a measureof output of innovation. While suchan approach is useful, it does notlook at the role of the IP system as awhole in facilitating the successfulintroduction of innovative productsin the marketplace.

The idea stage

From the moment an enterprise hasa potentially innovative idea, it isimperative that the idea or conceptbe treated as a secret. That is to saythat the information surrounding thecreation of the idea must be pro-tected carefully as a trade secret. Notall commercially viable ideas can orwill be patented, hence the impor-tance of treating ideas as trade se-crets, particularly at the inceptionstage.

For an idea that may result in a pat-entable invention, the final choicebetween either the trade secret routeor the patent route for protectionshould be seen as a strategic busi-ness decision to be taken at a laterstage of development when all therequirements of patentability aremet. The choice depends on the na-ture of the invention, its businesspotential, the competition, how easyit is to reproduce and the ability ofcompetitors to reverse engineer itfrom the final product. Whatever theultimate decision, the idea must ini-tially be protected as a trade secretin order to preserve the option ofpatenting at a later stage. Even afterpatenting, a part of the idea may re-main an associated trade secret.

Technical drawings, which are oftenmade in the idea stage, should alsobe treated as trade secrets. They mayin addition be protected by copy-right. It is important for the draw-ings to be dated so as to establishthe date of creation. Technical draw-ings could also, at a later stage, forman important part of the relevantpatent application.

Information contained in existingpatent documents also play an im-portant role at this stage in the con-ception, screening and developmentof the idea. Patent documents canprovide useful insight into whetheran idea is new (state-of-the art) andworth developing. Furthermore,proper analysis of patent informa-tion may provide insight into thestrategy of potential competitors andinto technology trends.

R&D stage

The IP tools used during the ideastage continue to be relevant duringthe R&D stage. Thus, a companymust continue to guard its trade se-crets, especially if it has yet to de-cide on whether to file a patent ap-plication. Competitors should not

have access to any vital informationwhich could erode the competitiveadvantage of the final product.

Extensive research and consultation,important to the success of theproject, is carried out at this stage.Many companies at this point fail totap into the valuable technical in-formation contained in publishedpatent documentation. The Euro-pean Patent Office (EPO) estimatesthat 70 percent of the informationin patent documents is not availableelsewhere. With more than 800,000patents granted annually around theglobe they offer a wealth of infor-mation, such as information on thestate-of-the-art, which can help anenterprise to avoid wasting re-sources, in terms of money and time,during the R&D process. Patentdocuments may hold informationthat can lead to further improve-ments in the product or shorten thetime taken to get the product tomarket. Small enterprises, particu-larly in developing and least devel-oped countries, can use patent in-formation in the public domain to

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The development of thevacuum cleaner sinceWilliam Hoover’s firstmodel illustrates thestrategic use of acombination of IP tools.

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come up with innovative productsadapted to local conditions.

Having decided on the type of IPprotection it will use to protect itsR&D output, the enterprise shouldimmediately start the registrationprocess. In the case of filing apatent, this will facilitate the estab-lishment of a date for determiningthe priority and claiming exclusiverights over the output (even beforea patent is granted – see the JimFrazier case on page 10). As muchR&D results in both functional andaesthetic improvements, enter-prises should also consider regis-tering industrial designs to protectthe look and packaging of the prod-uct.

Outsourcing

In most cases, innovative technol-ogy requires resources and techni-cal development that are not avail-able in-house. Ownership of the IPrights on the technology ensuresthat these are not lost while takingadvantage of external technical re-sources and facilities owned by athird party. To avoid future conflict,IP ownership should be clearly es-

tablished and issues related to result-ing IP resolved before embarking onany joint venture or outsourcing.

IP as a lifeline

Taking a product to market is usuallya big challenge for inventors, entre-preneurs, and enterprises, hence theconcept of the innovation “valley ofdeath,” which runs from the time theinvention has been prototyped to thelaunching of the new product in themarket. This is the period where mostinventions collapse due to the ab-sence of external support or becausethey are not commercially viable.During this stage IP, particularly pat-ents, play a crucial role in facilitat-ing access to providers of early stagecapital, which may provide a lifelineto enable an invention to reach themarketplace. IP ownership strength-ens the negotiating position whenlooking for investment partners, andmakes a business more attractive topotential investors.

For example, Mr. Chester Carlson in-vented xerography in 1938 and pat-ented it in 1942. It then took him fiveyears to find the necessary fundingto take the product to market. In

1947, the Haloid Company acquiredthe license to his basic xerographicpatents. The first xerographic copier,Model A, was introduced in 1949.It would be fair to say that Mr.Carlson would not have been ableto market the invention without ex-ternal investment, and that thepatent he held contributed signifi-cantly to Haloid’s decision to sup-port the invention.

Most innovative ideas never cometo market, but those protected by IPstand a greater chance. IP ownershipplays an important role in influenc-ing the decision of external partnersas to whether to invest in a firm andprovides the holder with more op-tions, such as selling or licensing thepatent, or forming strategic businesspartnerships and alliances for com-mercialization. Enterprises facingfinancial constraints but rich with IPassets will probably find it easier toestablish joint ventures that allowthem access to R&D facilities or todistribution channels and sales net-works. An enterprise with a patentedproduct or valuable trade secretsmay also find it strategically benefi-cial to establish a joint venture withan enterprise with a strong trade-mark.

A well managed IP portfolio, accom-panied by a business plan and strat-egy that demonstrates how the as-sociated IP rights can be exploitedto generate future revenue, to de-velop a strong market position, andto control the market is more thanlikely to attract venture capital.

Chester Carlsonpatented his

xerographyinvention in 1942.

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Marketing of innovations

In the phase where the product isfinally brought to market, trade-marks and industrial designs play animportant role. These enable con-sumers to identify the products of aparticular company and to distin-guish these products from others.

A trademark is a useful tool inlaunching new product segments orentirely new products. In addition,trademarks can be very effective inpenetrating new markets and ex-tending commercial benefits beyondthe life of a patent. The case of Aspi-rin is a good example. Developedin 1897, the drug was patented in1899 by the Bayer Company. Know-ing that patents have a limited dura-tion, the Bayer Company embarkedupon promoting a trademark for itsnew product. When the Aspirinpatent expired, the company con-tinued to benefit from the sale of theproduct through its establishedtrademark Aspirin.

Technological innovation can also besupported by a combination ofpatent, industrial design and trade-mark protection. The invention anddevelopment of the vacuum cleaner

provides a good example of strategicuse of a combination of different typesof IP tools. In 1908, Mr. WilliamHoover produced the first commer-cial upright vacuum cleaner, but hewas not its designer. He purchasedthe patent from Mr. James Spangler,an inventor who worked nights as ajanitor. Over the years, engineers atthe Hoover company (established in1909) designed new and improveddevices, and countless other featureswhich were added to the vacuumcleaner. These included disposablepaper bags, a vacuum cleaner head-light, a self-propelled feature and aside-mounted attached hose feature,for which Hoover received a patentin 1936. In less than ten years afterthe company was established, theHoover trademark was a householdname.

Trade secrets, patents, trademarks,industrial designs, and copyrightmay separately or simultaneously beused as tools of technology protec-tion. Strategic use of a combinationof IP tools in the innovation processcan contribute to higher profits mar-gins and maintenance of marketposition, enabling technology-based, innovative companies to havea better return on investment.

For more information on various prac-tical aspects of the IP system of inter-est to business and industry, please visitthe website of the SMEs Division atwww.wipo.int/sme.The next article in the IP and Businessseries will discuss biotechnology.

>>> CASE STUDY ON NEXT PAGE

Conclusion

Few technological innovations areradically new products, most areimprovements, which in some waymake a product superior to its pre-decessor. Development of a new orimproved product gives a businessan opportunity to enter the market-place without competition. The IPsystem plays a significant role inhelping a business to gain and re-tain this advantage. The competitiveedge that a business may gain witha radically new innovation is likelyto be longer lasting than that ob-tained from a simple improvement.In the case of an improvement, notonly are competitors for the class ofproduct already in place, but theimprovement is far more quicklyunderstood and replicated.

IP strategy may differ depending onthe type of innovation, but eitherway the IP system remains a valu-able tool. Consulting IP experts willhelp enterprises to make optimumuse of the system.

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Early advertising created byBayer to promote its ASPIRNtrademark to extend theproduct life cylce beyondthat of the patent.

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CASE STUDYAustralian invention dazzles Hollywood -Jim Frazier

Physicists said it was impossible, but cameraman Jim Frazier went ahead and invented a new lens whichrevolutionized the international film industry.

Mr. Frazier, who shot wildlife films for David Attenborough, was frustrated with the limitations of the lensavailable on the market. “Wildlife is very unforgiving – there is no time to set up the camera and position theshot the way you want it. As well, with small subjects, such as insects and spiders, it’s very difficult to get boththe subject and background in focus. I wanted it all in focus and I needed a versatile lens which would allowme to rapidly get the shots I wanted.”

“In the late `70s, I began tinkering myself and started getting the results I’d envisioned. Over the next 10years I kept rebuilding the lens and, with much trial and effort, formulated a lens with deep focus and a singleswivel on the end. The optics to do this are very complex but I began to get positive results.”

The new lens has three revolutionary features:� a ‘set and forget’ focus which holds everything, from front of lens to infinity, in focus;� a swivel tip so that, without moving the camera, you can swivel the lens in any direction, completing a

sphere if need be; and� a built-in image rotator. This allows the image to be rotated inside the lens without spinning the camera.

It was a brilliant invention and when Mr. Frazier began using it in his work it did not go unnoticed. Nobodyhad seen before the sort of depth and clarity of filming that he was achieving, which made his work wasunique. In 1993 he was invited to speak at Montage 93, an imaging conference in the U.S. Within days of theevent, Panavision was knocking on his door.

“It was at this point that I thought I should get a lawyer”, he recalls “Panavision sent me a standard threepage contract which my lawyer advised me not to sign. He rewrote it and we sent back a document of 30pages which not only protected my invention but helped me negotiate a very sweet deal.”

The contract was structured so that Panavision, regarded as the best lens manufacturer in the world, couldnever come back and claim they had already known about the optics used in the lens. They met withMr. Frazier on neutral ground in Hong Kong and the company had to sign a confidentiality agreement beforethey saw the lens. “The deal was that Panavision would patent the device, at their cost, but that I would ownthe patent.”

When Mr. Frazier first showed the lens to Panavision they could not initially figure how it worked, but theyrecognized its value. At more than US$1 million, this may have been one of the biggest patent ever taken outby Panavision, but the returns are already rolling in. Nearly every second commercial made in the U.S. usesJim Frazier’s lens, and many in the feature film area will not go on a set without it.

The benefits to the film industry are huge. Apart from the unique abilities of the lens itself, it has dramaticallylowered production costs. What used to be a three day shoot now takes only one day because Mr. Frazier’slens has done away with the need for teams of people to rig up complicated setups every time the directorwants a new angle. It is as simple as adjusting the swivel tip.

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The medical career of Camerooniandoctor Victor Anomah Ngu spans 50years and three continents. His can-cer research won him internationalacclaim, and he is currently work-ing on a therapeutic vaccine for usein treatment of HIV/AIDS. At 78years old, Professor Ngu retains bothhis joy in discovery, and his com-mitment to science in the service ofmankind. We spoke to ProfessorNgu at his Clinique d’Espoir (Clinicof Hope) in Yaounde, Cameroon.

Professor Ngu, could you start bytelling us how you first become in-terested in becoming a scientist?From childhood, I’ve always beenimpressed by nature, by things thathappen around me. I remember thatin the hills where I grew up inBamenda I could see stars veryclearly, and I was very impressed bythis. And as I grew up I was alwayswondering about these stars? Howbeautiful they are and why do theyshine? From then on of course, therest was natural. I could not help buttry to find out more about the won-derful things about me. I think allscientists must have an inherentsense of wonder.

Later, I went to a secondary schoolin a place called Sasse in the southwest of this country. We were thefirst lot of students and we had noequipment. Our first science labo-

ratory had been in a horse stable.We had a science teacher, a manfrom Birmingham, England, whowas a very good scientist and he in-spired us about science. He mademost of our science equipment, hemade microscopes in front of us andthey worked.

I think to know something, to un-derstand something, can give morepleasure intellectually than anyother thing that I can think of. If youwon the lottery you could never getas much pleasure as knowing whysomething is.

You have talked about moments ofgreat discovery. Many people saythat science today needs many mil-lions of dollars in order to achievesuch moments.I don’t quite agree with that. Manygreat discoveries of the past centu-ries were made without a great dealof money. Science is concerned withthe identification and the solution ofa scientific problem. The definitionof a problem is almost as importantas the solution. Take mobile tele-phones, for example. The discoveryof the mobile telephone came fromthe fact that somebody dreamt thatwe could have communicationswhich are not fixed on the wall asthey used to be before. That was a

PROFILEProfessor Victor Anomah Ngu,Cameroon

Biodata

Born: 1926, Buea, Republic ofCameroon

Education: Secondary schooling inSasse, Cameroon, and Ibadan,Nigeria; University of Ibadan (1948 –1950); St Mary’s Hospital MedicalSchool, University of London (1951–1954).

Career: Professor of Surgery,University of Ibadan (1965-1971);Professor of Surgery, Université deYaoundé (1971-1974); Vice Chancellor,Université de Yaoundé (1974-1982);President of the Association of AfricanUniversities (1981-1982); Minister ofPublic Health, Government ofCameroon (1984-1988); Director ofthe Cancer Research Laboratory,Université de Yaoundé (1984);Founder - Hope Clinic Cameroon(1991)

Awards: Grand Commandant del’Ordre de la Valeur, Cameroun; AlbertLasker Medical Research Award inClinical Cancer Chemotherapy (1972);Dr. Samuel Lawrence Adesuyi Awardand Medal by the West African HealthCommunity (1989); Leon H. SullivanAchievement Award, U.S.A. (2003).

This is the first in WIPO Magazine’s series of interviews with distinguishedscientists and researchers in developing countries. Intellectual property isa system designed to reward and stimulate innovation and creativity, andeach scientist in this series embodies these characteristics.

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more important idea than actuallyfinding the telephone. Most of thetime, people try to solve problemswithout clearly defining or knowingwhat the real problem is. So whenyou say you’re spending a lot ofmoney in science and research, Ithink that some of that money maybe badly spent because people don’thave a clear idea of what they want,what the problem is. If you can’tdefine a problem, you can’t dis-cover. Money is of course requiredto transform a discovery into a prod-uct; that is a different matter.

How did your interest in cancer re-search evolve?Cancer was one of the things that hitme right from the start. As a surgeonI tried to remove the cancers. It wasa very traumatic and very destructiveprocess. I was convinced that surgerywas not the answer. Then theRockefeller Foundation in1962 gaveme a fellowship to train as a cancerchemotherapist. I became interestedin treating a tumour called Burkitt’slymphoma1.The tumour was success-fully treated with chemotherapy andso in 1972 I got this award2 inAmerica. When I came back toIbadan in 1963 I was able to practicechemotherapy, but again the resultswere good in some cases but not verygood with other kinds of tumour. Andthen it occurred to me that chemo-therapy was not so good because tu-mour cells are in fact cells of thepatient’s body and a drug that wouldkill a cancer cell would also kill nor-mal cells. Most cancer chemothera-peutic agents do this.

How did this lead to your currentwork?After ten or more years of cancerwork in Ibadan I became disillu-sioned with chemotherapy ontumours. I was left with the idea thatbecause cancer cells behave differ-ently from the patient’s cells, theremust be something that can distin-guish them from the normal cells.This is why I went into what I willnow call immunotherapy of cancer.Immunotherapy is to provoke theimmune system of the patient so thatit can recognise and act against theforeign element in the cancer cells.When I introduced the idea it waslaughed at. To cut a long story short,the immunity of cancer patients isnormal at the beginning of the tu-mour, but it becomes of course pro-

gressively worse. So having triedsurgery, chemotherapy, I was nowobliged to look at immunotherapy.

While I was working on this, the HIVproblem showed up too and I thinkit was obvious to everyone thatsomething of HIV was similar to thecancer patients. Patients have the vi-rus, they cannot get rid of it. It mul-tiplies and eventually kills the pa-tients as cancers do! And yet boththe cancer and HIV are differentfrom the patient’s own cells in someways. So the question was to findout what the difference was. So in asense I was doing what I said aboutsolving the problem: identifying theproblem first before setting to workon it. I say this because I know thatsome researchers have set out to find

Professor Ngu with the laboratoryteam and Maître Mary Anchang(holding baby), IP lawyer to theClinic.

“For a long time, the diagnosis ofHIV/AIDS, and in many cases cancer,was a kind of death warrant. Thisclinic provided hope because itprovided treatment at a time whenthere were no drugs available.” -Professor Ngu, who founded theClinic of Hope in 1991.

1 Burkitt’s Lymphoma is a cancer of the lymphatic system. Rare in most of the world, it is the most common childhood cancer in West, Centraland EastAfrica, and is one of the most aggressive of all human cancers. Identified in 1956 by a British surgeon, Dennis Burkitt, working inequatorial Africa. www.burkitts.org/research.shtml

2 Albert Lasker Medical Research Award in Clinical Cancer Chemotherapy.

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a vaccine for HIV without knowingwhat the HIV really is as a problemas opposed to its manifestation.

How important is it to invest morein research on the African conti-nent?I think it is very important, becausethere are many good scientific ideaswhich die in Africa because theydon’t have a chance to develop. Ifwe had the financial investmentthese ideas could then be developedwith real benefits for the whole ofmankind. Scientific discovery is nota personal affair, it is an affair forthe whole world because everybodybenefits. The ideas which lead todiscoveries are not limited to certainregions, they are distributed through-out the whole world.

Do you think that cures or vaccinesagainst AIDS and cancer couldcome from researchers in Africa inour lifetimes?I’m working on research on vaccinesfor both cancer and HIV, and I’vegot good results. It’s only a matter oftime. I think that we are on the righttrack for both cancer and HIV be-cause we understand what the prob-lem is. Some of it is not yet clear,but we’ve got patients who are do-ing well.

What are the greatest challengesyou face in bringing these promis-ing results to fruition?The main challenge would be thefinancial resources to refine some ofthe things we talk about. If I had

enough money I could put manyscientists to work full-time, to refinesome of our findings.

If you had the opportunity, whatmessage would you wish to conveyto the world’s leaders?I would say to them that ideas arethe bases for discoveries and theycome from any part of the world in-cluding Africa. The improvements inthe world today are the results of thedevelopments of simple basic ideas.

See what’s happened in Asia, Japanand so on. Fifty or a hundred yearsago those countries were underde-veloped countries, and now youcannot contest the scientific quali-ties of the Japanese. This telephoneis made by Samsung, a Korean com-pany. The Japanese are leading inscience, but if they had not investedin science they would have re-mained an underdeveloped countrytoo! The Chinese are now comingup. Most of the computer scientistsin the world now come from India(my own son has gone to work for acompany based in India). In Africa,good ideas exist also and, if you in-vest, African scientists can becomeas powerful as Japanese and Koreanscientists.

Finally, Professor Ngu, what wouldyou say to a young person who wasconsidering studying science?If you do science you can never bebored. In a sense I’ve lived well. I’m79 years old and I think it’s becauseI’ve been doing something scientific

that has kept me going so long. Iwake up at two in the morning andI get an idea and I can’t go to sleep.Isn’t that wonderful?

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A solar powered hearing aid, amethod for bonding sand from theKgalagadi desert to make construc-tion blocks, a photovoltaic chargecontroller, a Masa lamp – these area few innovations to have emergedfrom the Botswana Technology Cen-tre (BOTEC) in Gaborone.

Set up in 1979, and funded by theBotswana government, BOTEC is aresearch and development organi-zation, dedicated to the pursuit ofinnovative technology solutions thatcontribute to Botswana’s social, eco-nomic and industrial development.Today the Centre serves as a nationalhub for the development and dis-semination of research. Its 150 staffwork to identify technological needsand provide expertise to developsolutions to these needs. In doingso, BOTEC seeks to help Botswana’sinnovators to overcome the difficul-

ties they face, such as the small sizeof the local market; the lack of ven-ture capital to help bring ideas tofruition; and the limitations of thenational intellectual property infra-structure to protect innovative ideas.

An early BOTEC initiative led to suc-cessful innovation in the field of so-lar-powered products for deafpeople. Some 167 million people indeveloping countries suffer fromdeafness, or disabling hearingimpairment1,which limits their op-portunities for education and em-ployment. Low cost hearing aids,while available, are not designed forconditions in impoverished commu-nities, where batteries are scarce andcostly. To address this problem,BOTEC set up a collaborative projectin 1992 with Motse Wa BadiriCamphill, a charitable NGO offer-ing training, employment and reha-bilitation services to people withdisabilities in Botswana. The aim wasto design, manufacture and distrib-ute a low cost hearing device pow-ered purely by the sun’s energy.BOTEC produced an initial proto-type for a body-worn, solar-poweredhearing aid. The Motse Wa BadiriCamphill team conducted field-tests,raised funds for design improve-ments, branded the device with theSolarAid name, and took it to mar-ket. The hearing aid won the Designfor Development Award from theSouth African Bureau of Standardsin 1998; and went on to win inter-national recognition at the 2002World Awards for Sustainable En-ergy in Austria.

The body-worn, solar rechargeablehearing aid generated considerableinterest and was used in many de-veloping countries. Yet the level ofsales was not high enough to makeit sustainable. So Motse Wa BadiriCamphill set up a separate organi-zation, the Godisa2 TechnologiesTrust, in order to focus the expertisenecessary to develop the promisingpilot project into a genuinely suc-cessful product. Drawing on the pre-vious experience, a Godisa team ofyoung product designers and tech-nicians developed a stand-alone,solar-powered battery recharger forbehind-the-ear hearing aids. The re-charger, now being successfullymarketed under the SolarAid brand,requires only 6 to 8 hours of sun-light to maintain a full charge for aweek. It was awarded a WIPO prizeat Botswana’s 2005 National Designfor Development Awards, whichwere hosted by BOTEC.

Sustainable solutions

In line with broader governmentstrategy, BOTEC’s principal focus isrenewable energy. Nine engineerswork on renewable energy-relatedresearch and projects in the Centre.In 1998 BOTEC established a cen-tralized solar (photovoltaic) powerstation, which provides power for ahealth clinic, primary school, streetlighting and up to 14 households inthe village of Motshegaletau. Theproject has improved the quality oflife for the residents and facilitatedgrowth in the local business com-munity. BOTEC is now in discussion

INNOVATION INBOTSWANA

The Botswana Technology Centre

Solar-poweredsolutions to

meet the needsof deaf peoplein developing

countries.

A solar powerstation

established byBotec supplies

power to theclinic, school and

households inMotshegaletau

village.

1 World Health Organisation estimates (2002)2 Godisa translates broadly as “helping others to grow” (www.godisa.org)

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with the Botswana Power Corpora-tion concerning a national strategyfor solar power stations.

The Centre prides itself in renewableenergy technologies developed byits staff, such as the Photovoltaiccharge controller, which ensuresthat a solar battery does not over- orunder-charge, and the Masa lamp,a PV lamp that works with anypower source producing between10 to 16 Volts. These and earliertechnologies have been successfullytransferred to local entrepreneurs.

Sustainable architecture is anotherarea of expertise for which BOTEChas become known. The buildingwhich houses BOTEC, completed in2001, is itself designed as a demon-stration project, incorporating cli-mate-friendly and low energy fea-tures such as evaporative cooling, areticulated atrium, solar chimneys,rainwater collection and sewage re-cycling. The Centre is also research-ing new methods of producingbuilding blocks from the widespreadsand of the Kgalagadi desert. The aimis to enable people living in thesandy areas of Botswana to constructmodern houses more cost effec-tively, using affordable, durablebricks and blocks.

Intellectual property

Botswana’s Industrial Property RightsAct (1996) provided a legal frame-work for the country’s innovators toseek protection for their intellectualproperty (IP). But take-up was slow,

and the industrial property office hashad to grapple with a shortage ofqualified staff, as well as high ad-ministrative costs of, for example,searching for patent information.BOTEC assists in on-going develop-ments, by chairing an IndigenousKnowledge Task Force, which hasbeen mandated to draft the indig-enous knowledge section for the In-dustrial Property Rights Act in orderto help Botswana’s indigenousknowledge practitioners to benefitfrom their IP.

An integrated strategy tobuild an innovative nation

BOTEC’s mission is to take the leadin harnessing innovative science andtechnology for the transformation ofBotswana into a globally competi-tive nation. To this end, its activitiesare aligned to the national develop-ment plan. BOTEC is seen as keyplayer in the national framework forinnovation, established by the new

BOTEC’s expertise inthe design of energyefficient buildings isdemonstrated in theirown headquartersbuilding.

Using sand from theKgalagadi desert toproduce affordable,sustainable constructionmaterial.

Ministry of Communications, Sci-ence and Technology. By integratingthe country’s intellectual, creativeand entrepreneurial talent into thenational development strategy, theGovernment is striking out in pur-suit of Botswana’s Vision 2016 goal:“a prosperous, productive and inno-vative nation.”

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From June 1 to 15 WIPO offered toeveryone interested the opportunityto take part in an open, online de-bate on issues related to intellec-tual property in the informationsociety. Some 374 postings werereceived on the ten themes (seebox) covered by the Forum(www.wipo.int/ipisforum), whichbroke new ground for WIPO. Theconclusions of the Online Forumwill form part of WIPO’s contribu-tion to World Summit on the Infor-mation Society (WSIS), which con-cludes with a summit in Tunisia inNovember 2005.

ONLINE FORUM ONINTELLECTUAL PROPERTY

IN THE INFORMATIONSOCIETY

The forum is part of WIPO’s continu-ing work to raise awareness aboutintellectual property (IP) issues, andto encourage debate among allstakeholders about IP-related issuesin a rapidly changing informationsociety. While membership of WIPOis limited to Member States, the Or-ganization welcomes non-State ob-servers and attaches importance tobuilding collaborative relationshipswith representatives from across theprivate sector and civil society. TheWSIS Declaration of Principles rec-ognizes that “building an inclusiveInformation Society requires newforms of solidarity, partnership andcooperation among governmentsand other stakeholders, i.e., the pri-vate sector, civil society and interna-tional organizations.” The online fo-rum aimed to reach beyond WIPO’smembers, observers and partners inorder to offer the man and womanin the (cyber) street a chance to havetheir voices heard on issues of wideinterest and concern.

The feedback

The postings on all the themes of theforum reflect the desire to be heardand to participate in global discus-sions on IP. Some, however, alsoexpress concern as to whether theirvoices would reach policymakers, ormake a difference. Toby Baintonwrites: “As in so many matters,policy is set by government delega-tions whose opinions are influencedmostly by the needs of businesses.(…) But governments should remem-ber that information in a civilised

society is like the air we breathe, andits circulation should not be undulyrestricted. (…) A true informationsociety would be in accord with thewhole of society’s needs.” TaranRampersad recognizes the difficultyof the task, writing “The role of in-ternational organizations is not tohave easy jobs – but hard ones,where real problems are dealtwith… Balance requires discussion– which is something in which CivilSociety needs to have a more activerole and that role must have moreweight.”

Questions relating to the public do-main and open access (Theme Three)received the most postings. Introduc-ing the theme of open source soft-ware, the WIPO commentary states:Software innovation is a powerfultool for economic development. IPplays a critical role in promotingresearch and development in thisfield and in protecting and reward-ing creative software development,whether based on open source orproprietary models. The choice be-tween open source and proprietarymodels of software is therefore nota decision antagonistic to IP, butrather a business decision, based onstrategic and policy choices, to bemade according to the circum-stances of each case.

Opinions expressed by the forum’sparticipants were mixed. HeatherMorrison, an author and CreativeCommons advocate, wrote, “Thereis a need to promote the public do-main... The public domain should

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become the de facto standard, interms of sharing, rather than “allrights reserved,” at least with regardsto distribution and use. …maybework should automatically be con-sidered public domain, except formoral rights, unless stated otherwise,and anyone who wishes to make arestricted-access version availablewould need the approval of therights holder.”

Compare this with the commentsfrom Paul Crowley: “Imagine aworld without copyright. (…) Aworld without copyright would beowned by those with the biggest dis-tribution pipeline. Period. 10 min-utes after a band recorded a song, itwould be available in stores. Notfrom the band – they wouldn’t havethe ability to distribute it that quickly.It would be from Sony or WalMartdirectly. The ideal of open Internetdistribution assumes that all distribu-tors are created equal, but we knowthat not to be the case. Withoutcopyright the largest distributorswould receive all of the revenuefrom creative works. The artist, au-thor or performer would receivenothing. While a “no copyright” sys-tem would appear to remove restric-tions, it would simply change thelandscape to be even more in favorof large distributors.”

Alan Tam comments; “Giving theworld free of charge my own inven-tion and creative work is my free-dom. (…) ‘Public domain’ is a goodexample of how to maintain the free-dom. (…) WIPO, as an international

organization, should recognize theneed for more ‘constitutional free-dom’ of such form.” In a similar vein,a posting from the International In-tellectual Property Alliance states:“The public domain is enhanced bystrong protection of intellectualproperty rights. (…) In addition, in-tellectual property protection doesnot preclude creators from dedicat-ing their works to the public domain.If some creators do not rely upon therevenue from their works or inven-

The ten themes for discussion in the online forum

1. The WSIS Declaration of Principles sets out a vision for the infor-mation society – how can the intellectual property system sup-port this vision?

2. The intellectual property system and freedom of expression andcreativity: Help or hindrance?

3. The public domain and open access models of information cre-ation: at odds with the intellectual property system or enabledby it?

4. What is the impact of copyright law, both at international andnational levels, on education and research?

5. What are the rights and responsibilities of intellectual propertyrightsholders?

6. Global partnerships to achieve the United Nations MillenniumDevelopment Goals: what role for intellectual property?

7. How is intellectual property policy made for the information so-ciety: and who makes it?

8. How can cultural and intellectual diversity of traditional commu-nities be respected in the information society?

9. Emerging business models for distributing intellectual propertyonline: opportunity or threat?

10. What are the challenges for enforcement of intellectual prop-erty rights in the digital environment?

tions to provide for themselves andtheir families, there is no intellec-tual property law preventing themfrom utilizing a Creative Commonslicense or some other form of ‘somerights reserved’ license. In fact, cre-ators may abandon their rights en-tirely if they so choose. To the ex-tent that Creative Commons licensesprovide creators with choices, theyare supported by everyone in thecreative community.”

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A recurring point under most discus-sion themes is the term of IP protec-tion, copyright in particular, and theneed for more balance between therights of authors and the publicgood. Shyamala posted: “The origi-nal intent of copyright was to enableauthors/creators to enjoy the fruitsof their labour, but also to quicklyreturn the works to the public do-main, so that society at large maybenefit from creative works. Thecopyright term has been increasedabsurdly. What is the meaning ofhaving copyrights for 50-60 yearsafter death? (…)developing countriesneed access to materials so that theymay have a chance at competingfairly in the information era. If textswritten today are to be available onlyafter 100 years or so, forget aboutthe weaker economies catching upever!” A posting from the Interna-tional Federation of PhonographicIndustries (IFPI), on the other hand,states: “In many developing coun-tries, the marketplace has been sodominated by piracy that there is noviable mechanism for private capi-tal to be employed in facilitating thecreation and distribution of creativeworks. In such instances the creativevoice is silenced. Communitiesthroughout the globe – particularlyin parts of Asia, Latin America, theMiddle East and Africa – bear wit-ness to the devastating impact thatlack of effective copyright protectionhas on the ability to create.”

WIPO provided background infor-mation, introductory commentaryand suggested questions to considerunder each of the ten discussionthemes, but did not moderate theforum. Nor was formal registrationrequired for participation, in orderto give contributors the freedom tocomment anonymously in their in-dividual capacities.

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2005, the International Year of Phys-ics, marks the centenary of AlbertEinstein’s “Miracle Year” and the fif-tieth anniversary of his death.

It was in 1905 that Einstein pub-lished four articles in the Germanmonthly Annalen der Physik, whichnot only revolutionized physics andour understanding of the universe,but also changed our world. On aHeuristic Viewpoint Concerning theProduction and Transformation ofLight postulated the hypothesis oflight quanta. On the Motion of SmallParticles Suspended in a StationaryLiquid According to the MolecularKinetic Theory of Induction ex-plained Brownian motion. On theElectrodynamics of Moving Bodiesis regarded as the seminal text of thetheory of relativity. Does the Inertiaof the Body Depend Upon Its EnergyContent? looked at the conse-quences of the theory of relativityand introduced the most celebratedequation in physics: E = mc2. In Aprilof same year Albert Einstein finishedwriting his thesis A New Determi-nation of Molecular Dimensions anddefended it successfully in July.

INTERNATIONAL YEAROF PHYSICS –

EINSTEIN AND PATENTS

Einstein atthe Swiss

FederalPatent Office

Phot

o: L

ucie

n Ch

avan The Miracle Year came in the middle

of the period – from 1902 to 1909 –in which Einstein, posessing an un-distinguished educational record,and unable to obtain a teaching jobin a university, was working as atechnical assistant at the Swiss Fed-eral Patent Office in Bern. Examin-ing patent applications clearly didnot absorb all Einstein’s energies, asin the course of those seven yearsEinstein had some two dozen articleson theoretical physics published inthe Annalen. Some commentatorshave even suggested a connectionbetween his work on relativity andthe problem of synchronizingclocks, a thorny one at the time,which accounted for a large num-ber of Swiss patent applications.Later, Einstein was to write: “A pro-fession with practical purposes is adelight for a man such as I; an aca-

demic career requires young re-searchers to produce science, and ittakes a strong character to resist thetemptation of superficial research.”

Einstein the inventor

Einstein’s outstanding contributionto science needs no further wordsfrom WIPO Magazine. Less wellknown is that Einstein was himselfan inventor with many patents to hisname. Among other inventions, heand his pupil, Leó Szilárd, motivatedby the death of a family from toxicfumes from their gas refrigerator,patented new types of refrigerators.

The patent rights sold to companiessuch as Electrolux in Sweden pro-vided Einstein and Szilárd with a live-lihood for a few years. Einstein’s re-frigerator was never commercialized,however largely because of the De-pression and the invention of chlo-rofluorocarbons. But recently therehas been renewed interest in the sys-tem, as certain features could poten-tially suit it to use in remote locationsor developing countries: it cannotwear out as it has no compressor normoving parts; it can operate withoutelectricity, requiring only a source ofheat; and the cost of manufacturewould be relatively low.

Time will tell whether Einstein’s andSzilárd’s invention ever sees com-mercial exploitation. It stands todayas intriguing example of a little gempreserved by the patent informationsystem, providing an insight into thepractical side of one of the greatestminds of the modern age.

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¨

Nov. 11, 1930. A.EINSTEIN ET AL.

REFRIGERATIONFiled Dec. 16, 1927

Einstein’s U.S. patent application for a methodof refrigeration has attracted renewedinterest. As a former patent examiner, heappreciated the benefits of the patent system.Source: Swiss Academy of Technical Science

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FOR HUMAN RESOURCESIN DEVELOPING COUNTRIES

tance given the cross-cutting natureof IP and the need for an interdisci-plinary approach to IP educationand IP research.

The students of today are the deci-sion-makers of tomorrow. To ensurethat these future leaders are wellequipped for the challenges ahead,educators need appropriate and ef-fective mechanisms to boost under-standing of IP and ensure that itsapplication mirrors the specific IPneeds of individual countries.Emerging situations in differentcountries require nationally focusedand tailor-made solutions. IP re-search has a major role to play inensuring the integration of effectiveIP strategies into the overall nationalpolicy framework.

Solutions and opportunities

The symposium explored ways toimprove international cooperation totackle some of the emerging chal-lenges. It identified coherent ap-proaches and opportunities, such ashow a multidisciplinary approachcould be reflected in the IP curricu-lum of universities; and how univer-sities could overcome the scarcity

Professors, deans anddirectors from universities

in Africa, Asia, Australia,Europe, the Middle East,

and South and NorthAmerica were among the

symposium’s panelists.

The potential of a nation’s creativeand innovative resources in promot-ing economic, social and culturaldevelopment is increasingly recog-nized in today’s world. Many coun-tries, however, lack qualified person-nel with the knowledge and skills ofthe IP system required to transformthese resources into valuable eco-nomic assets. This can often prove abarrier to development. Represen-tatives from 42 countries partici-pated in an event to address thistopic at the WIPO International Sym-posium on Intellectual Property Edu-cation and Research held in Genevaon June 30 and July 1.

At the WIPO symposium, majorplayers in the area of research andeducation assessed the current situ-ation, identified the challengesahead, explored the possibilities forenhancing international cooperationand suggested appropriate actionsfor further development of IP edu-cation and research. Participantsagreed that much needs to be doneto foster partnerships and interna-tional cooperation among academicinstitutions in order to promote thefull integration of IP into teachingcurricula. This is of particular impor-

of IP lecturers through internationalcooperation and using more “vir-tual” professors to service distancelearning courses via the Internet.Participants agreed that ongoing ef-forts should be enhanced tostrengthen and expand partnershipsand strategic cooperation amongacademic institutions. The coopera-tion between academic institutionsand different stakeholders – for ex-ample private enterprise and govern-ment agencies – will also have tobe developed and expanded sincethere is a growing need for an inter-disciplinary approach to IP researchcapacity.

There was unanimous agreementthat the allocation of resources forIP education and research at univer-sities, as well as at secondary edu-cation institutions, is insufficient,and in many respects is “isolated”from other operations relevant to IP.Governments and users of IP needincreased support for human re-sources development – a critical el-ement, if nations are to benefit fromthe IP system, its incentives and in-frastructure, and thus accelerate thecreation of wealth.

Panelists strongly supported an en-hanced and more comprehensiveapproach to IP education and re-search and suggested more integra-tion of IP into such disciplines aseconomics, business, trade, sci-ences, engineering and culture. IPeducation and research was stronglyrecommended as a way to leverage

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the sharing of information andresources among the stakeholders,institutions and governments.

The following actions were amongsuggestions from panelists:

� to encourage and advocate at thehighest policy level the strength-ening of governmental supportfor IP education and research inthe context of development;

� to help developing countries es-tablish institutional bases (e.g., IPresearch centers) and more effec-tive mechanisms to collect anddisseminate current and relevantdocumentation for IP educationand research (IP libraries);

� to reflect the interdisciplinary na-ture of IP in IP curricula, and tobring other areas, such as the fieldof economics, business manage-ment, engineering, science andtechnology, culture, environmentand sociology into that process;

� to conduct IP research from thenation’s strategic perspectives indeveloping countries in order tofacilitate national debate andpolicy formulation;

� to start IP education at an earlierstage, covering the younger gen-erations, with a view to fosteringa culture which respects creativ-ity and strives to curb piracy;

� to explore various new and dif-ferent sources of funding to en-hance IP education and research;

� to provide IP researchers in de-veloping countries with opportu-nities to publish their work, bothin their country and externally;

� to conduct joint research opera-tions involving researchers fromboth developed and developingcountries, in an attempt to findcommon grounds for further de-veloping the IP system, takinginto account different needs andinterests;

� to suggest various models of IPcurricula for different targetgroups such as engineers andbusiness managers; and

� to develop mechanisms allowinguniversities to collaborate inter-nationally through, for example,programs for exchanging teach-ers and students and for sharingteaching materials and useful in-formation about IP issues.

The participants recommended thatWIPO and the WIPO WorldwideAcademy should reflect the outcomeand the suggestions from the Sym-posium in Academy programs andin its collaboration with partners infuture initiatives.

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For further information, please see theWIPO Worldwide Academy website atwww.wipo.int/academy/en/meetings/iped_sym_05/.

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The meeting opened with a panel,chaired by indigenous leaderStanley Jones of the Tulalip Tribes,during which indigenous and tradi-tional community representativesfrom Indonesia, Papua New Guinea,Peru, Sweden, Ukraine, the UnitedStates of America and Zambia pre-sented their communities’ experi-ences and recommendations to theIGC. The IGC has agreed to begineach of its sessions with such an in-digenous-chaired panel. The Com-mittee accredited 12 more NGOs,raising to over 110 the number ofNGOs accredited to the IGC. Manyof these represent the interests ofindigenous peoples or traditionalcommunities. The IGC broadly sup-ported a proposal for a WIPO Vol-untary Contribution Fund to en-hance the participation of represen-tatives of indigenous and local com-munities in its work. The WIPO Gen-eral Assembly will consider a re-vised version of this proposal.

TK and TCEs

The IGC reviewed sets of draft pro-visions outlining objectives andprinciples for the protection of TKand TCEs. The provisions aim toframe the policy and legal space forprotection against misappropriation

WORK ON TRADITIONALKNOWLEDGE AND FOLKLORE

RECEIVES BROAD SUPPORT

and misuse, and help define the le-gal measures for this protection. Theapproach to protection that is beingexplored would potentially applyindefinitely for TK and TCEs whichare the products of intellectual ac-tivity, whether communal or indi-vidual, and which are characteristicof a community’s cultural and socialidentity and cultural heritage. Theprincipal beneficiaries would becommunities in whom the custodyof the TK or TCEs has been entrustedunder customary law and who stillmaintain, use or develop them. Thedraft provisions are neutral as to le-gal form and could be used as a ba-sis for a national or regional law, arecommendation, model provisions,a treaty or other form of outcome.Many WIPO Member States havecalled for the development of bind-ing international law in this area. Thecurrent IGC mandate refers to aninternational instrument as a pos-sible outcome, but Member Statesare yet to reach a common positionon the legal status of the outcomeof the IGC.

These provisions were a seconddraft, following an open comment-ing process established at the pre-vious session of the IGC in Novem-ber 2004, when the earlier drafts

were accepted by all IGC partici-pants as the basis for its substan-tive work. The texts, and the com-ments received, are available asdocuments WIPO/GRTKF/IC/8/4(TCEs) and WIPO/GRTKF/IC/8/5(TK) at www.wipo.int/tk/en/consul-t a t i o n s / d r a f t _ p r o v i s i o n s /comments.html.

Delegates welcomed the progressmade so far by the IGC. Several re-ported on current regional and na-tional processes, many of whichwere prompted and guided by thediscussions in the IGC. Delegatesalso recognized the complexity ofthe issues raised, which requiredcareful consideration and reflection.Diverse views were expressed on thesubstance of the drafts, as well ason the pace, nature and expectedoutcomes of future work in theseareas. There was broad support forcontinued work, leading to the con-sensus recommendation to extendthe IGC’s mandate.

Genetic resources

The IGC reviewed several docu-ments on genetic resources issues,including submissions from variousMember States, but drew no specificconclusions. The European Commu-nity tabled a paper on the disclosureof origin or source of genetic re-sources and associated TK, whichproposed a ‘binding disclosure re-quirement that should be applied toall patent applications.’ Peru andPortugal tabled papers on their na-tional measures concerning genetic

WIPO Member States, attending the June 6 to 10 meeting of the Inter-governmental Committee on Intellectual Property and Genetic Resources,Traditional Knowledge and Folklore (IGC), affirmed broad support forthis key Committee’s work on the protection of traditional knowledge(TK) and expressions of traditional culture/folklore (TCEs). They recom-mended that the WIPO General Assembly extend the IGC’s mandate tocontinue this work.

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resources and sui generis protectionof TK respectively. A submission bythe United States of America dealtwith the relationship between TRIPS(Trade-Related Aspects of Intellec-tual Property) and the Conventionon Biological Diversity (CBD) andthe protection of TK and folklore.Delegates recommended that theIGC’s future mandate continue toaddress genetic resources issues.

Work on related genetic resourcesissues was advanced by a separateAd Hoc Intergovernmental Meetingon Genetic Resources and Disclo-sure Requirements, just prior to theIGC. This meeting was convened toconsider a draft study on the rela-tionship between genetic resourcesand disclosure requirements in theIP system. The study was preparedat the invitation of the Conferenceof Parties of the Convention on Bio-logical Diversity (CBD), as part of acontinuing dialogue between thetwo organizations on these issues.Participants reviewed the draft(document WIPO/IP/GR/05/3),many stressing the need for WIPO’swork in this area to be supportive ofthe goals of the CBD, including itsobjectives of the conservation ofbiodiversity, sustainable use of itscomponents, and equitable sharingof benefits.

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SEPTEMBER 19 TO 23(GENEVA)Standing Committee on InformationTechnologies (SCIT) - Standards andDocumentation Working Group(SDWG) (Sixth session)The Working Group will continue itswork in the adoption of new WIPOstandards and the revision of existingWIPO standards, as well as in relatedmatters, and will receive reports fromthe different SDWG task forces thathave been established for that purpose.Invitations: As members, the Statesmembers of WIPO and/or the ParisUnion; as observers, certain organi-zations.

SEPTEMBER 26 TO OCTOBER 5(GENEVA)Assemblies of the Member States ofWIPO (Forty-first Series of Meetings)All Bodies of the Assemblies of theMember States of WIPO will meetin their ordinary sessions.Invitations: As members, the Statesmembers of WIPO; as observers,other States and certain organiza-tions.

OCTOBER 10 TO 14(GENEVA)Committee of Experts set up underthe Nice Agreement Concerning theInternational Classification ofGoods and Services for the Purposesof the Registration of Marks (Twen-tieth session)The Committee of Experts will de-cide on the adoption of proposalsfor amendments and other changesto the current (eighth edition) of theNice Classification, which shouldenter into force on January 1, 2007,along with the authentic English andFrench versions of the new (ninth)edition of the Classification.Invitations: As members, the Statesmembers of the Nice Union; as ob-servers, all States members of theParis Union which are not membersof the Nice Union, and certain or-ganizations.

OCTOBER 17(GENEVA)Domain Name Panelists’ MeetingA meeting of WIPO panelists to ex-change information on precedentsand procedures in WIPO domainname dispute resolution.Invitations: Restricted to WIPO do-main name panelists.

OCTOBER 18 AND 19(GENEVA)Workshop for ArbitratorsAn annual event for all persons in-terested in WIPO arbitration proce-dures, both as potential arbitratorsand as potential party representa-tives.Invitations: Open to interested par-ties, against payment of a fee.

OCTOBER 20 AND 21(GENEVA)Advanced Workshop on DomainName Dispute Resolution: Updateon Practices and PrecedentsAn event for all persons interestedin receiving up-to-date informationabout the trends in WIPO domainname panel decisions.Invitations: Open to interested par-ties, against payment of a fee.

NOVEMBER 2(GENEVA)Seminar on the Hague SystemA Seminar, in English and French, forall parties interested in increasingtheir knowledge of the Hague sys-tem for the international registrationof industrial designs and their prac-tical experience of procedures ap-plied thereunder.Invitations: Open to interested par-ties against payment of a fee. Gov-ernment officials of Members of theHague Union are exempted from thepayment of the fee.

CALENDARof meetings

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Officials representing the intellec-tual property (IP) offices of 25 coun-tries in the Asia and the Pacific Re-gion joined the ongoing interna-tional debate in the field of IP anddevelopment at a Symposium heldin Singapore on June 7 and 8. WIPOorganized the event in cooperationwith the Government of Singaporethrough the Ministry of Foreign Af-fairs, the Intellectual Property Officeand the Ministry of Law.

The Symposium focused on the fol-lowing themes:

� effective IP strategies in the fieldsof science and technology, cul-ture, youth awareness, knowl-edge-based businesses and busi-

Asia-Pacific Regional Symposiumon IP and Development

ness development that could op-timize the impact of IP on eco-nomic growth;

� national IP comparative advan-tages in the areas of traditionalknowledge, health, informationtechnology, and small and me-dium-sized enterprises and theprocess of deciding on the com-peting priorities in IP; and

� the new business role of IP of-fices in the 21st Century.

The Symposium also provided anopportunity to share experiences onvarious initiatives aimed at regionalcooperation in the IP field, particu-larly in the context of sub-regionalgroups such as the Association ofSouth East Asian Nations (ASEAN),

the Asia-Pacific Economic Coopera-tion (APEC), Pacific Islands ForumCountries and the South Asian As-sociation of Regional Cooperation(SAARC).

The Symposium coincided with theinauguration of WIPO’s SingaporeOffice, which was set up earlier thisyear as a result of a contribution bythe Government of Singapore. TheSingapore Office will contribute tothe timely, effective and efficient de-livery of WIPO’s programs in theregion.

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NEWSROUNDUP

A new web portal for patents

WIPO launched a new portal on its website in mid-July for patent-related information and services concerning theinternational patent filing system (Patent Cooperation Treaty (PCT) System) at www.wipo.int/patentscope/. Thenew portal centralizes all WIPO’s patent and PCT-related activities to provide users with better services.

Existing information on PCT filing, electronic filing and other patent-re-lated resources is available through this new portal as well as new sectionson patent data and statistics. The patent data section provides access, throughan enhanced PCT Electronic Gazette, to the complete collection of pub-lished PCT International Applications – now more than a million – from

1978 to the present day in image format and with fully searchable description and claim texts for applicationsfiled as from July 1998.

The portal will form the basis for new services that will be made available in the coming months, such as an onlinefile inspection system for applicants and the general public, tutorials and other resources for patent informationretrieval.

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Arbitration and mediation:a new electronic case facility

To further enhance efficient resolution of intellectual property and tech-nology disputes, the WIPO Arbitration and Mediation Center is now offer-ing a new tool, the WIPO Electronic Case Facility (WIPO ECAF).

WIPO ECAF is a simple and practical web tool that allows parties involvedin a case administered by the Center to conduct the case via a secureelectronic facility. Parties submit communications electronically into a se-cure online docket, which prompts e-mail alerts to other actors in thecase, who can access this docket at any time from any location through

the Internet. The online docket incorporates a search function to facilitate access to case documents and to alloweasy organization of the documents by chronology or by party.

In addition to online communication and storage, WIPO ECAF provides at a glance core case information, suchas a case summary, overview of timelines, including upcoming deadlines, contact details for all parties, and thefinancial status of the case.

WIPO ECAF functions under the WIPO Mediation, Arbitration, and Expedited Arbitration Rules. In order to safe-guard the confidential nature of WIPO arbitration and mediation procedures using WIPO ECAF, the stored infor-mation is firewall protected and encrypted by using modern Secure Socket Layer technology. Users are authenti-cated through username, password and a changing pass code.

WIPO ECAF may be used by party agreement and does not rule out submission of paper documents outside thefacility. A brief WIPO ECAF users manual including sample views is available at http://arbiter.wipo.int/ecaf/help.

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Ambassador Luis Alfonso de Alba, Mexico’s Permanent Representative tothe International Organizations in Geneva, presented WIPO Director Gen-eral Kamil Idris with Mexico’s highest honor for foreigners, the order of theAztec Eagle (Orden de Aguila Azteca), on June 22. The Ambassador statedthat the Director General’s commitment to a culture of intellectual prop-erty had strengthened the relationship between WIPO and Mexico’s IP in-stitutions. “This relationship has increased economic growth and develop-ment for Mexico and in recognition of his endeavors, it is my distinct privi-lege to confer to his Excellency Mr. Kamil Idris the decoration of the AztecEagle, in grade of Band, bestowed upon him by Mr. Vicente Fox, Presidentof Mexico.”

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Mexico honors Dr. Kamil Idris

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For more information contact WIPO at:

Address:34, chemin des ColombettesP.O. Box 18CH-1211 GENEVA 20Switzerland

Telephone:41 22 338 91 11FAX:41 22 740 18 12e-mail:wipo.mail@wipo.int

or its New York Coordination Office at:

Address:2, United Nations PlazaSuite 2525New York, N.Y. 10017United States of America

Telephone:1 212 963 6813Fax:1 212 963 4801e-mail:wipo@un.org

Visit the WIPO website at:http://www.wipo.intand order from the WIPO Electronic Bookshop at:http://www.wipo.int/ebookshop

WIPO Publication No. 121(E)

ISSN 1020-7074

The WIPO Magazine is publishedbimonthly by the Communications andPublic Outreach Division, World Intellec-tual Property Organization (WIPO). It isnot an official record and the views ex-pressed in individual articles are not nec-essarily those of WIPO.

The WIPO Magazine is distributed freeof charge.

If you are interested in receiving copies,contact:

Design, Marketing and DistributionSectionWIPO34, chemin des ColombettesP.O. Box 18CH-1211 Geneva 20,SwitzerlandFax: 41 22 740 18 12e-mail: publications.mail@wipo.int

For comments or questions,contact:The EditorWIPO Magazine (at the above address)

Copyright © 2005 World IntellectualProperty Organization

All rights reserved. Articles contained herein may be repro-duced for educational purposes. No part may, however, bereproduced for commercial purposes without the expresswritten consent of the Communications and Public OutreachDivision, World Intellectual Property Organization, P.O. Box18, CH-1211 Geneva 20, Switzerland.