Due to the intrinsic value and peculiar nature of Intellectual Property, which is very different from land or moveables, and underpins perhaps 70% of Israel’s exports, we believe it is necessary to create one government address for IP matters, whether a minister or an inter-ministerial committee.
Whilst understanding and sympathising with incoming Prime Minister Netanyahu’s rationale for having a government of 30 ministers, several of which don’t have specific responsibilities, we feel that this is an issue that could be the responsibility of a specific Minister, to the advantage of the country as a whole.
Currently, IP issues are dealt with in an ad hoc manner by the Justice Ministry, the Ministry of Industry, the Finance Ministry, the Health Ministry, the Ministry of Science and the Prime Minister’s Office. Such a state of affairs does not lend itself to long term planning. Every few months, there is an Intellectual Property threat to Israeli interests and the official response tends to be slow and blurred.
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There generally is no official response
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There is no official government policy regarding IP
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There is no one to frame a government policy
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There is no one empowered to express a government policy
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There seems to be no one in the government who understands the need for a government policy or even what a government policy on IP entails
For example, once a year the US Special 301 Report issues. The report is based on investigations made in various countries on behalf of the US Trade Interests. The investigation in Israel includes an annual visit of a delegation from the US Department of Trade. This document, details IP protection around the world and classes the countries according the standard of IP protection from the perspective of the US. Trade sanctions may be exercised against consistent violators. Israelis regularly criticized, but many observers consider the problem is Teva’s legitimate business threats to US pharmaceutical industries, and Israeli software developers rather than substandard Israeli behavior. The threat of Israeli manufactured pharmaceuticals to USindustries lowers prices and tax generated from pharmaceuticals in the States and can adversely affect US employment in the sector. Illegal CDs manufactured in Palestinian administered territories and distributed in and through Israel adversely affects US software developers.
The criticizers from abroad speak in the name of justice, fair rights of IP owners, ethics and intellectual standards and try to make out that Israeli behavior is lacking in all these. At the same time they explain to their public that they are looking after US interests. Without an Israel spokesman who understands the issues, the Israel government tends to accept the USview without question, or is too slow to respond effectively. Within the framework of international treaties, the first object of IP policy is the protection of the local economy, trade, exports, industry and employment. If the current international financial situation leads away from globalization towards national protectionism, and sounds from the US indicate that this is the case, this issue will increase in importance.
Salted cheese is marketed in Israelas Fetina – since only genuine Greek Feta may be referred to as Feta – with Feta being considered a national dish. Last year, Lebanondecided to claim humus, falafel and tabouli as authentic Lebanese foods, analogous to Feta cheese, such that only bona-fide Lebanese manufacturers could use the terms to describe their salads. The issue will be addressed by the EU, The story seems trivial, but Israel dominates both the US and the European markets for humus, and this translates into jobs for both Arabs and Jews in the low tech sector, in the periphery. If Israel will lose the right to market chickpea salads as humus, there could be serious economic consequences.
Jaffa is Israel’s best known brand. Palestinians claim rights to the term, which precedes the establishment of the State in 1948.
Israel is unique among Western countries, in that patent applications do not publish automatically months after the priority filing date. There was a first reading of an amendment to the Patent Law two years ago, and applications are routinely scanned, so making them available on the Internet is technically feasible. The problem is that the issue is not prioritized. Israel’s Copyright Law was passed only last year. The trademark ordinance was last amended in 1972. The Ministry of Justice does not prioritize intellectual property legislation. Israel signed the Madrid trademark Protocol in 2007 and still has not implemented. This disadvantages Israeli firms abroad, making international trademark protection cost prohibitive.
Other countries have realized the preeminence of Intellectual Property,. And have created special government positions to promote IP Protection.
For example, in May 2006, Sir Digby Jones, the outgoing director-general of the Confederation of British Industry (CBI) – the premier lobbying organisation for UK business – called on the UK Government to appoint a Minister for Intellectual Property:
“[...] ‘Intellectual property has become too important to be just one of a number of responsibilities of a minister,’ he said. ‘We need an IP minister to take strategic charge of the issues across government and address the disparate challenges facing the UK.’
The CBI says small businesses need tax breaks to cover the costs of applying for patents. ‘Small and medium-sized firms and individuals wanting to access the patent system continue to be hampered by costs and red tape,’ Sir Digby said. [...]“
The UK now has a Secretary of State for Intellectual Property.
Japanhas something similar. Since Japan wants to build the nation in the 21st century on IP, they are have a “Central Commission on Intellectual Property” headed by the Prime Minister and managed by a Cabinet Minister, to which end they passed a special law – the IP Basic Law of 2002.
Similarly in the US, both houses closed ranks at the end of the Bush administration to set up a new position in the Whitehouse, an intellectual property coordinator, which is a White House-level position to be appointed by the president; some people are calling the new post the IP czar. The IP coordinator will oversee the law-enforcement efforts of some very disparate government agencies — the U.S. Trade Representative, the Department of Homeland Security, the State Department and the Department of Justice — in the area of piracy and IP infringement.
One of the bill’s Senate sponsors, Patrick Leahy, called this one of the most important pieces of legislation he ever wrote. As the senator sees it, protecting intellectual property is essential to the economic health of the United States. “We are the envy of the world for the quantity, the quality of our innovative and creative goods and services,” he said in a speech on the Senate floor. “And if we want to continue to lead the world in producing intellectual property, we need to protect Americans’ rights in that property.”
Many governments have departments which frame IP policy and have standing committees for this purpose, including UK, Ireland and Australia).
The role of the IP minister should include:
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Framing a comprehensive policy applicable to Israel interests, with regard to promoting the economy, trade, exports, technology, employment whilst taking into account foreign interests and pressure and international agreements
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Representing Israel on international forums and attending to the expression of Israelinterests with regard to international law and conventions through delegations to forums of the WIPO and WT
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Proposing legislation with regard to IP
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Ensuring financing and operation of departments and agencies dealing with IP, such as Israel Patent and trademark Office
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Setting up a legal task force to handle IP issues
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Providing reviews of developments and statistics and of the impact of IP on the economy
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Being aware of the needs of local industry and public and invite public participation in policy formulation
If we are going to have 30 Ministers and 9 Deputy Ministers to govern a country the size of Israel, let’s give one of them something to do!
