An Assessment on Intellectual Property Law Module:

Week One

Oyama Edusungha Enang

R2208D14979991

LAW-4075: Intellectual Property Law

Ms. Munachiso Ogu-Jude

25th August, 2024

 Assessment Question

"Globalization and Intellectual Property Rights: How do Copyright and Patent

Laws Impact a World Without Borders?"
Consider the effects of copyright and patent laws in our interconnected world. How
do these laws influence the sharing of knowledge and innovation across countries?
Copyright and patent laws play a crucial role in regulating the sharing of knowledge and
innovation across countries. Copyright protects original works. It is a protection that is
granted to a creator’s original work that is borne from their own intellectual effort and
skill. Patent law on the other hand protects the rights of inventors and encourages
innovation. These laws are designed to protect the intellectual property of creators and
inventors, providing them with the exclusive right to use, distribute and make profits
from their work without interference from outside parties. However, globalization has
significantly transformed the way the rights provided by copyright and patent laws are
perceived and enforced. As technological advancements bridge geographical boundaries,
blurring the lines between national borders and intellectual property rights (IPRs),
challenges have arisen in the protection of intellectual property. From issues with
enforcing protection across the globe with the absence of borders, to the limitations faced
in sharing knowledge and innovation, copyright and patent laws, designed to protect
creators’ rights, now face challenges in a globalized world. This essay examines the
impact of globalization on copyright and patent laws, focusing on how these legal
frameworks influence global innovation, and access to knowledge.

As stated earlier, copyright and patent laws exist to protect the rights of creators and
inventors. They provide a shield over the ideas and inventions of creators, protecting
against any infringement from third parties. However, whilst both laws protecting
intellectual property, copyright law and patent law cater to different forms of intellectual
property. The former protects the creative and original works of authors, artists and
similar creators (Copyright and Protection Rights Act, 1994), while the latter deals with
inventions and protecting inventor’s rights (Patents Act, 2016). We will provide an
analysis on the impact of these laws in our globalized world, and its effect in protecting
intellectual property rights.

(a) Copyright Laws and Globalization:

Copyright laws are designed to protect the creative works of authors, artists, and other
creators by granting them exclusive rights to use and distribute their creations. The
Copyright and Performance Rights Act 2016 is the legal framework that provides
protection for copyright in Zambia. The Act provides protection for any original work
created by an author, artist etc. These rights are further protected by international treaties
ratified by Zambia such as the Berne Convention for the Protection of Literary & Artistic
Works 1886, World Intellectual Property Copyright Treaty, Trade-Related Aspects of
Intellectual Property Rights (TRIPS) which harmonize copyright and patent laws
internationally, providing a legal framework that protects IPRs across borders.

In a globalized world, the digital environment has now made it easier to share and
distribute creative works across borders, leading to both opportunities and challenges.
While it allows a widespread reach of creators’ works, this easy access has worsened the
issue of copyright infringement, particularly in the digital domain. The ease with which
digital content can be copied and distributed has led to widespread piracy, disrupting the
effectiveness of copyright protection. The issue of territoriality is also another challenge
in copyright law. IPRs are usually territorial, which means that they are protected only
within the borders of the country where they are registered or recognized. The digital age
has however blurred these borders, allowing infringing activities to occur across multiple
jurisdictions. This has created a challenge in enforcing IPRs, as what is considered an
infringement in one country might not be in another. For example, in Zambia, its
intellectual property laws are designed to only protect IPRs within the borders of Zambia.
Enforcing these rights against infringers in the foreign sphere when infringement occurs
is complex and can result in limited remedies for right holders in Zambia. A case
example can be seen in Bangladesh Printing v Adonis Textiles (2014) which highlighted
the difficulties of enforcing intellectual property rights in a globalized world, reflecting
the broader difficulties of global IP enforcement.

Also, copyright laws can also impact the access to knowledge. Whilst being essential for
protecting creators’ rights, copyright laws can also hinder access to knowledge,
especially in developing countries. The cost of accessing copyrighted materials, such as
textbooks, music, and films, for example, can be prohibitive for individuals in low-
income regions. With the reign of the digital age, people are now resorting to more online
resources as opposed to traditional physical ones, and the restrictions provided by
copyright can hinder the access of people to these materials which can lead to disparities
in educational and cultural opportunities.

(b) Patent Laws and Globalization:

Patent laws provide inventors with exclusive rights to their inventions for a specified
period, encouraging innovation by allowing inventors to benefit from their creations. In a
globalized economy, patents play an important role in fostering technological
advancements and economic growth. In Zambia, patent is provided for by the Patent Act
2016 and it provides for the protection for inventors in Zambia. This law encourages
local innovation and offers legal protection to inventors. The Patents and Companies
Registration Agency (PACRA) 2020 also oversees the enforcement of the protection and
administration of patents. International treaties ratified by Zambia such as Paris
Convention for the Protection of Industrial Property 1983 and Patent Cooperation Treaty
administered by the WIPO also deal with patent protections in Zambia and its other
member countries. However, patent protection can create challenges in furthering
technological advancement and collaboration.

The main purpose of patent law is to encourage innovation by safeguarding the rights of
inventors to their creations, preventing third parties from making, using or selling it
without their permission. By granting these exclusive rights, it motivates individuals to
invest their time, money and effort in research and development. This protection of
exclusivity also reassures inventors to agree to public disclosure of their inventions,
contributing to the body of knowledge and advancing technology. However, while these
patent laws incentivize innovation by protecting inventors’ rights, they can also create
barriers to access to technological advancement in certain sectors. Just like copyright,
restrictions placed by patent laws can limit access to technologies that can be helpful
especially in low-income developing jurisdictions. The strict enforcement of patents can
limit the transfer of technologies to developing countries, hindering the effectiveness and
purpose of these inventions because its use and purpose is limited. It also hinders the
access to knowledge that could be beneficial for educational use. Strict patent laws by
restricting access to these essential knowledge and technology can stifle and slow down
local innovation.

In conclusion, globalization has profoundly impacted the way copyright and patent laws
function in a world without borders. While these legal frameworks are essential for
protecting creators’ and inventors’ rights, they also present challenges in ensuring
equitable access to knowledge and fostering global innovation. In a globalized world
where knowledge and innovation are shared across borders, finding the right balance
between protecting intellectual property rights and promoting global cooperation is
essential. The need to encourage innovation, protect creators’ rights and promote access
to knowledge must be carefully manage. It is for this reason that the recognition of
international agreements become essential. To balance IPR protection with the needs of a
globalized world, international cooperation must be strengthened. This includes
harmonizing IP laws across borders to foster collaboration between countries, and create
mechanisms for resolving cross-border intellectual property disputes. This is something
that has been done in the Patent Cooperation Treaty 1978 which simplifies international
patent protection by providing protection in all member countries in a single process. The
Berne Convention’s principle of “national treatment,” which requires member countries
to provide foreign works with the same level of protection as domestic works has also
facilitated the global enforcement of copyright laws and has played a pivotal role in
ensuring that creators’ rights are respected internationally.

Flexibility should also be introduced into IP laws. Through implementation of exceptions

and limitations, knowledge and innovation can be shared while still protecting creators’
rights. Concepts of “fair use” or “fair dealing,” which allows limited use of copyrighted
materials without permission is crucial in balancing the rights of creators with the
public’s access to knowledge. Patent law’s compulsory licensing condition also ensures
that essential inventions are accessible to the public.
The need to consider both the rights of creators and the broader public interest is
paramount in IP law, and as globalization continues to evolve, so too must the legal
frameworks that govern intellectual property, ensuring that they adapt to the complexities
of a connected world.
References

Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), Apr. 15,

1994.

Bangladesh Printing v. Adonis Textiles, 2014 ZMSC 1 (Zambia).

Berne Convention for the Protection of Literary and Artistic Works, Sept. 9, 1886, as
revised at Paris on July 24, 1971.

Paris Convention for the Protection of Industrial Property (1884).

Patent Cooperation Treaty (1970).

The Copyright and Performance Rights Act 1994 (Zambia).

The Patent Act 2016 (Zambia).

The Patents and Companies Registration Agency Act, 2020. Act Number: 4 (Volume:
Acts of Parliament Post 1997)

World Intellectual Property Organization (WIPO). (1996). WIPO Copyright Treaty.