CLOSING SPEECH BY THE HON. EDWIN VASSALLO, PARLIAMENTARY SECRETARY MINISTRY FOR ECONOMIC SERVICES, ON THE OCCASION OF THE SEMINAR ON INTELLECTUAL PROPERTY RIGHTS

Mr Chairman

Distinguished Speakers

Ladies and Gentlemen

It has been a long and hopefully fruitful day and I do not intend to keep you much longer but I could not let this occasion go by without putting across a few thoughts on a subject which is so closely linked with the future of industry in Malta. The future of industry in Malta, be it in the Hi-Tec sector or in the artisan field, lies in competition and innovation.

We must continuously strive to see what is being created in Malta and abroad and attempt to better it. Fortunately, we have come a long way since the time when creative activity consisted simply of copying someone else's product or wasting much time and effort in re-inventing the same product. This is possible through the systems which protect Intellectual Property at the national, regional and international level.

The term ‘Intellectual Property' may seem somewhat high-sounding. We must remember however that reference to ‘Intellectual' is simply made to indicate an association with the human mind. Indeed, when we talk of inventions, designs, trademarks as well as literary, musical and artistic works we are talking about the fruit of the mind.

‘Property' is derived from the Latin word ‘Propus' i.e. one's own and is merely used to indicate that though these fruits of the mind are intangible, the rights to them can still be traded.

We have here in a nutshell the reason why ‘Intellectual Property Rights' should be protected, which is primarily to encourage creations resulting from human endeavor and to facilitate trade in such creations. Different countries possess different raw materials - some countries like Malta practically none at all - but all countries have one thing in common – People! People who, sometimes without knowing, are continuously producing Intellectual Property.

Unfortunately, Intellectual Property not shared is Intellectual Property lost. Such a loss severely hinders the progress and development of society. It is therefore essential that the right framework be in place to encourage the creation, use and development of Intellectual Property.

Statistics from the World Intellectual Property Organisation show that in 1998 over 70,000 patents were registered using the Patent Co-operation Treaty. This translates into 5 million national patents. Moreover, thousands of patent applications are filed directly at the National Offices worldwide. Furthermore we must remember that a substantial amount of intellectual property, such as literary, musical and artistic works, software and databases, is not registrable. On the other hand, some intellectual property such as traditional knowledge and folklore, is as yet not protectable.

When we see all this one can immediately perceive an ocean of opportunities. However, to fully appreciate the importance of intellectual property protection we must look at the whole spectrum of persons involved. This includes the educators, the inventors, the artistes, the publishers, the producers, the brand designers, the marketing people, the lawyers, the broadcasters, the service providers, the importers and exporters, the retailers, the consumers, the industrial property offices, the customs, the police and the legislators.

A balance needs to be struck between the extent and enforcement of rights on one side – to encourage creativity and investment; and exceptions and competitive norms on the other side – to ensure that these legal monopolies do not distort trade. The New Intellectual Property Laws adopted this year and the law governing competition which came into force in 1994 and which is currently being updated are a step in the right direction; as is, I might add, the co-operation between the Industrial Property Office, the Police, Customs and the Attorney General's Office.

Nevertheless, I feel an even more holistic approach is necessary. School-leavers at secondary or tertiary level - the traders and businessmen of tomorrow - have practically no instruction whatsoever on intellectual property rights. Educators need to encourage creativity and the entrepreneurial spirit whilst making students aware of IP rights. Discussions between the Industrial Property Office, IPSE, METCO, MDC and the Malta Council for Science and Technology, need to be intensified as must be the dialogue with the interested parties who, I venture to say, should interact more even between themselves - not just to hear experts but to hear each other.

The Ministry for Economic Services is taking the lead in this regard with the setting up of a new Commerce Division, which will be up and running next year. This Division will incorporate what are presently known as the Industrial Property Office, The Trade Department and the Small Business and Crafts Unit. While each Department will retain its independence, the fact that they are under one Division will ensure close contact, interaction and synergy.

I would like to conclude by emphasising that seminars such as these should be encouraged because not only do they provide us with the opportunity to benefit from the experiences of experts from abroad - in this particular case the European Union - but also to bring us a step closer to take the holistic approach needed in the competitive world of today.