Secure our future

Since my last article (Journal, April 2008, 56), another interesting year has passed, and it’s time to think again about World Intellectual Property Day on 26 April 2009.

The World Intellectual Property Organization (WIPO) is a United Nations agency dedicated to developing a balanced and accessible international IP system. Based in Geneva, WIPO has a mandate to promote the protection of worldwide IP through cooperation among states and collaboration with other international organisations. In 2000, WIPO designated 26 April, the date when its establishing Convention came into force in 1970, as World IP Day, in order to make IP more relevant to our everyday lives.

2009: promoting green innovation

WIPO encourages us to celebrate the week commencing 20 April 2009, as 26 April is a Sunday. In line with the green theme for the rest of the UN, on World IP Day 2009 WIPO’s focus is on promoting green innovation as the key to a secure future.

The Law Society of Scotland and Faculty of Advocates have arranged a lunchtime World IP Day conference in Edinburgh, on Friday 24 April from 12.30-2pm, jointly chaired by Roisin Higgins, advocate and me.

Taking place in the Mackenzie Building, Old Assembly Close, High Street, the speakers will be Martin Layton, business services manager, Intellectual Assets Centre, Glasgow and Patrick Stewart, head of legal at Manchester United FC. Watch the Society and Faculty websites for more details.

Innovation and the environment are very topical areas for modern day Scotland, and the speakers will consider the importance of innovation and the environment, as well as the ongoing business need to protect and respect IP, from both Scottish Government-supported agency and commercial in-house legal perspectives.

Some fancy food for thought

Decorated cakes will be provided at the Edinburgh conference, bearing WIPO’s eyecatching green leaf logo for World IP Day 2009. Therein lies a curious copyright chronicle.

As WIPO are happy for its annual logo to be used to promote World IP Day, in 2007 I took a colour copy of the then “head” logo to an Edinburgh supermarket. Once I had confirmed I had the copyright owner’s consent, this was reproduced on two iced cakes.

In 2008, I took the World IP Day “figure” logo to another branch of the same supermarket. This time I was asked for written permission of the copyright owner, which I was able to produce, and I got my cakes. The assistant explained to me that they had recently been mentioned in a newspaper article, and had to be very careful about copyright.

Intrigued by this, I searched the internet, and found the story in point. A mother had asked her local supermarket to reproduce a Doctor Who photograph on a birthday cake for her son. Without the written permission of David Tennant, the supermarket would not produce the cake. A national newspaper became involved, David’s written consent was obtained, the cake was produced, and the story was published! So I will be heading for my local supermarket in April with a file of written permissions and licensed artwork under my arm.

A reserved matter

As far as I am aware, IP is still a reserved matter for Westminster, and the Scottish Parliament, National Assembly for Wales and Northern Ireland Assembly cannot legislate in this area. There will always be scope for local legislatures to debate IP, perhaps even using World IP Day as a springboard.

Within the UK, IP falls under the remit of David Lammy MP, the Minister of State for Higher Education and Intellectual Property, who is responsible for our Intellectual Property Office in Newport, also a major supporter of World IP Day.

Lammy was appointed in October 2008 and is the first lawyer and elected MP in the post. Although the third IP minister since the position was created in July 2007, the previous ministers, Lord Triesman and Baroness Morgan, were both members of the House of Lords.

Back to the future

According to the WIPO website, in 2007 there were nine UK organisations involved in World IP Day events in eight locations. In 2008, six organisations were involved in events in Edinburgh and London. Although nothing has been posted as yet for 2009, there seems to be a trend towards the reduction and polarisation of events in the UK, and in the current economic climate this seems likely to continue. There is still scope for some sort of national celebration, or perhaps even a national schools poster competition, in the future.

Happy World IP Day, when it comes!

Graeme McWilliams is Legal Adviser, IP & E-Commerce, Standard Life, Edinburgh and a member of the IP and Technology Committees of the Law Society of Scotland. The opinions expressed are personal views which do not reflect the views of Standard Life group.