Topic: International Intellectual Property Protection
Country: Belgium
Topic page: background guide and all position papers All Belgium position papers GLIMUN 2017 committees
The Paris and Berne Conventions of the late 19th century form the foundation for international IP protection in the 21st century. The Berne Convention established an international organization that oversees international treaties governing IP protection. In order to safeguard the creative works that are vital to thriving modern economies, governments often provide protection for intellectual property (IP) which rewards creators and owners of creative works for producing these works. The Plurinational State of Belgium believes this is an important topic because the credit for the creations, such as medicines, trademarks, and art, are under risk of being taken by hackers. The Bolivian Intellectual Property Service (SENAPI) has already passed several laws that protect the rights to intellectual property.
Bolivia does not have an area of civil law specifically related to industrial property, but has a century-old industrial privileges law still in force. SENAPI is aware of Bolivia’s obligations under the TRIPS Agreement and it sets out the minimum standards of IPR protection in compliance with this agreement. The TRIPS agreement is the most comprehensive treaty to provide strong protections for IP rights. The TRIPS Agreement attempts to set a fair playing field for companies operating across national borders, and parties allegedly in breach of the agreement must be judged before the WTO’s Dispute Settlement Body. SENAPI sustains its position that Bolivia complies with the substantive obligations of the main conventions of the World Intellectual Property Organization (WIPO), the Paris Convention for the Protection of Industrial Property (Paris Convention), and the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention) in their most recent versions. Today, this is not a prevalent issue in Belgium, but we recognize the effects it could have on our country and our allies.
Bolivian customs authorities continue to try to intercept counterfeit goods shipments at international borders, but the customs service lacks the human and financial resources needed to be effective. We ask of the UN to dedicate more time and resources to intercepting the counterfeit goods in order to prevent the exploitation of the economy. Rather than incorporating IPR engagement into its normal routine, Bolivian customs usually acts on these matters as a result of complaints filed by industries trying to protect their brands from counterfeit imports. Additionally, importers seem to be unaware that counterfeit products are illegal and that the payment of customs fees does not "legalize" the sale of pirated goods. Moreover, there is a sense of unregulated capitalism with regard to the sale of goods in the informal sector. The stability of every nation’s government is dependent on the ratification of an effective treaty that would limit the exploitation of the economy.
