Strategic Approaches for Developing Customized International

Cooperation in Intellectual Property for Sustainable Development
 

Written by. Park, Yusun, Professor, Department of Data and Intellectual Property Convergence, 

Kangwon National University 

1. Sustainable Development and Intellectual Property 

With the technological advancements brought about by the Fourth Industrial Revolution, future technologies such as artificial intelligence have become the present. However, humans share a sense of crisis over a future that is more difficult to control than ever before owing to COVID-19 and climate change caused by environmental pollution. As an international effort to overcome this crisis, the most frequently introduced proposition in recent years has been “sustainable development”. Sustainable development entails balancing economic growth, social stability and integration, and environmental conservation in a way that protects the environment for future generations, alleviates poverty, and preserves natural resources for economic growth. Intellectual property is an important driver of economic progress, fostering industrial and cultural development through innovative technologies and rewards for creation. Its role is essential for sustainable development, and international development cooperation in the field of intellectual property is also vital for the mutual growth of mankind. This cooperation will enable countries to improve the protection and utilization of intellectual property while promoting fair and balanced growth globally. 

2. The Importance of Developing Customized International Cooperation Projercts 

International development cooperation projects sometimes risk being pursued unilaterally, prioritizing the interests of donor countries without adequately considering the specific circumstances of the recipient countries. When donor countries are under pressure to develop their own companies in order to penetrate partner countries or export their systems, and produce results quickly, it makes it difficult to adequately consider the current state and needs of partner countries. However, such an approach could potentially undermine the effectiveness and sustainability of international cooperation projects. Implementing cooperative projects tailored to the needs of partner countries can increase the likelihood of success and support the sustainable growth of partner countries, as well as strengthen partnerships between the two countries. In addition, partner countries can actively participate in the project with an ownership mindset as project partners rather than beneficiary countries. This can foster ongoing cooperation with donor countries through the development of follow-up project after the completion of the initial project.

3. Assessing Demand through Analysis of Intellectual Property Infrastructure in Partner Countries    

To develop international cooperation projects in the field of intellectual property, it is essential to understand the current state of IP infrastructure in partner countries and identify demands based on the assessment. Particularly, partner countries in the early stage of establishing IP infrastructure are willing to develop this infrastructure through international cooperation. Therefore, preliminary research and analysis should be conducted before starting the project due to frequent difficulties in accurately diagnosing and identifying their demands. 

Strategy for promoting international cooperation with ASEAN as a regional cooperation partner in ASEAN

Even countries in the same regional community have different levels of infrastructure development, and mid- to long-term plans may be promoted for the development of the whole community, only a few countries may benefit from the results of international cooperation during the process.

In international cooperation projects for regional communities, it is also important for all member countries to benefit from the outcomes of cooperation. This would be accomplished by considering how to group countries into relatively similar conditions and implement projects accordingly while taking into account the stages of economic and social development of member countries as well as the maturity of IP infrastructure. This approach can also pave the way for future bilateral cooperation with our government. For example, the Association of 10 countries in Southeast Asian Nations (ASEAN) – Brunei, Malaysia, Indonesia, Singapore, the Philippines, Thailand, Vietnam, Cambodia, Laos, and Myanmar – has significant gaps between its members in their economic development and IP infrastructure development. 

Customized project design according to the stage of intellectual property infrastructure development 

In the field of industrial property rights, with the exception of Singapore, which is an IP hub in ASEAN and has significantly mature IP infrastructure, Indonesia, Vietnam, Thailand, and Malaysia are actively developing their technological skills in terms of the number of patent applications. Meanwhile, Brunei, Cambodia, Myanmar, and Laos have not reported any domestic patent applications. In the case of such a significant disparity between the member countries of the regional community, the project should be undertaken by categorizing them based on the development stage and their current position to reflect their need. For instance, Indonesia recorded the highest application rate in ASEAN in 2022 with a 13.3% increase in the total number of patent applications. This is a 45.5% increase in the patent registration rate compared to the previous year and policy advisory projects and education on relevant topics were conducted in response to requests for international cooperation on technology valuation and technology commercialization. In other words, even if the countries in the development stage are in the same regional community, they can effectively benefit from promoting international projects on the use of intellectual property. In the meantime, it is appropriate to promote education and training to raise intellectual property awareness for member countries still in the leap stage, particularly aimed at public officials.

Strengthening enforcement against online copyright infringement 

In the field of copyright, it is also important to closely analyze the current state of the copyright infrastructure of partner countries and understand their willingness and demand for cooperation to increase copyright protection. ASEAN member nations have a strong need for copyright protection, however countries in the stage of developing industrial property infrastructure also face challenges in protecting copyright and enforcing copyright protection. For example, Brunei, a country with a high income level, as well as countries with economic and social difficulties such as Cambodia, Laos, and Myanmar, has a very low copyright-related index (1.53) compared to the patent-related index (5.50) and IP commercialization (4.33), with a 64% software copyright infringement rate. However, no proper legislative framework is reportedly available to deal with online copyright infringement and infringement circumvention mechanisms. On the contrary, countries in the process of developing IP infrastructure are actively exerting government-level efforts to strengthen enforcement against online copyright infringement.

The Malaysian government executed strong enforcement to protect copyright holders, including crackdowns and injunctions, due to the latest illegal access to and streaming of copyrighted content using TV set-top boxes. Also, a Malaysian court ruled for the first time on February 8, 2021 that a supplier of Long TV, an Android TV set-top box that allows free access to copyrighted content, is liable for copyright infringement. In 2022, the Copyright Act was amended to include criminal sanctions against technical devices and related services for streaming to prevent digital copyright infringement and reinforce copyright in the digital space. 

The Philippines has proposed amendments to the Intellectual Property Law (HB 7600) that fortify the functions of the Intellectual Property Office of the Philippines (IPOPHL) to effectively prevent online copyright infringement. The amendment gives the IPOPHL administrative authority to restrict access to content subject to online copyright infringement and order its deactivation. 

Vietnam has similarly experienced online copyright infringement, including illegal streaming devices and related copyright infringements, and the unauthorized use of copyrighted content through apps. Vietnam shut down the illegal live-streaming website, USTVGO and amended its Intellectual Property Law in 2022 to strengthen the responsibility of service providers as internet intermediaries to prevent online copyright infringement. 

Saudi Arabia's move to improve intellectual property infrastructure

Among Middle Eastern countries, Saudi Arabia's recent moves and achievements in improving the intellectual property environment and establishing an efficient system are noteworthy. Since the establishment of the Saudi Authority for Intellectual Property (SAIP) in 2017, the Saudi Arabian government has been continuously collaborating and promoting international cooperation with private companies and foreign governments to build an intellectual property legislative framework. 

The SAIP’s strategy appears to be focused on technological innovation, with an emphasis on industrial property rights, and it has made a strong enforcement effort against illegal online piracy distribution and copyright infringement. 

The SAIP has set up a portal for direct communication with copyright holders regarding online infringement and is actively shutting down websites that may infringe copyrights. In 2022, 1,500 websites were shut down, a five-fold increase compared to 2020, confirming Saudi Arabia's commitment to active copyright protection.

4. Linking with Mid- to Long-Term Intellectual Property Policies of Partner Countries   

Mid- to long-term national development policies and national intellectual property strategies should be examined in order to seek appropriate cooperation plans based on the analysis of partner countries’ current IP infrastructure. In the case of bilateral projects, it is necessary to establish the extent to which improving IP infrastructure can benefit partner countries’ economic development. Then, it is efficient to develop and promote projects in the most needed areas and align with the policy priorities of the partner country. As the needs of each member country may be different in the case of multilateral projects aimed at regional communities, projects may be promoted to support implementation by referring to the mid-to long-term action plans in the intellectual property field of regional communities.

Promotion of international cooperation in the field of copyright with ASEAN

The Association of Southeast Asian Nations has published the ASEAN IPR Action Plan 2016-2025 (2.0) as a mid-to long-term plan for intellectual property that outlines the Community's strategic goals, action plans, and targeted outcomes. Specifically, these include the calculation of royalty rates by centralized management organizations (CMOs), the reinforcement of the capacity of the copyright office for transparent and responsible management, the implementation of online copyright registration/notification systems, the centralization of copyright-related information in ASEAN, the implementation of an online information network, awareness-raising activities on IP enforcement in the region (the development of enforcement data), and the implementation of anti-piracy and awareness-raising campaigns in the private sector. 

Direction of international cooperation in the field of copyright with Saudi Arabia

Saudi Arabia has been promoting a national IP strategy establishment project in cooperation with the Korean Intellectual Property Office(KIPO) as part of its national growth strategy, Vision 2030. Particularly, the Korean Intellectual Property Office and the SAIP conducted international cooperation in setting performance indicators and goals based on the environment analysis, selecting assignments, and preparing strategy reports for each assignment. The National Institute for Public Safety Technology (NIPST), promulgated in 2022, is driven by four pillars: IP creation, IP administration, IP commercialization, and IP protection, with the vision of building a strong intellectual property ecosystem for innovation-driven economic development. Accordingly, collaborations can be created to share policies and online enforcement to address online copyright infringement, specifically the illegal streaming of live sports and audiovisual content protected by TPM and DRM.

Saudi Arabia is strengthening the capacity of the public sector by operating a program to raise intellectual property awareness and support companies (Intellectual Property Respect Council), the Intellectual Property Respect Officer Initiative for public officials, and an intellectual property education project to build an international level of  IP infrastructure. As part of educational cooperation with the Korea Invention Promotion Association(KIPA), training was conducted in Korea for judges, lawyers, and public officials who are members of the Intellectual Property Dispute Mediation Committee of Saudi Arabia. Invention training for teachers has been taking place online for years. Korea's accumulated experiences in intellectual property education and human resource training, as well as educational programs and contents, can be used to facilitate international cooperation in education with Saudi Arabia.

5. Achieving Mid- to Long-Term Results based on the Understanding of Partner Countris’ Cultures 

Understanding and incorporating partner country culture into the project implementation process is critical for promoting international cooperation projects. Cultural differences affect the performance of projects, stakeholder engagement, and the sustainability of efforts for development. Particularly, it can be challenging for donor countries to understand Middle Eastern cultures and pursue projects with patience. Recognizing and respecting cultural differences not only enhances relationships with local stakeholders, but also empowers them to drive development initiatives. This collaborative and culturally sensitive approach can eventually lead to more meaningful and sustainable development outcomes that are consistent with the comprehensive goal of sustainable development. 

International development cooperation projects should be pursued with a long-term vision based on building strong partnerships with the partner countries. This is because, if these projects are promoted as a means to achieving tangible project outcomes in a short period of time or entering the markets of partner countries, numerous variables involved in project development and implementation will inevitably reduce the feasibility of promoting international cooperation projects. International development cooperation is a win-win way for the sustainable development of mankind and must be approached from the perspective of the current generation's efforts and a shared struggle for future generations.