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THE CREATIVE ECONOMY AND INTELLECTUAL PROPERTY
[/vc_column_text][us_separator][vc_column_text]Creativity and innovation have become a new form of organization and interrelation between various actors in the country's non-traditional productive sectors, thus promoting entrepreneurship, development and economic growth, thereby generating new jobs and helping local entrepreneurs to export, thus boosting a country's economy.
Today, the creative economy can offer diverse opportunities for the search for new options in different areas of the economy, such as: exploring innovative ideas, taking strategic directions, all with the aim of seeking new challenges, and it is for this reason that it is imperative to protect the rights of those who undertake in these areas, and this is where Intellectual and Industrial Property Law plays a fundamental role.
The concept of the creative economy, understood as a new economic movement, seeks to study the contribution of culture and creativity to the global economy. Due to these contributions, it is gaining global recognition, as it enables the commercialization of goods and services derived from cultural ideas and activities, such as the visual arts, design sectors, as well as publishing and entertainment groups, architecture, gastronomy, video games, film, and theater. That said, it can also be observed that it is multidisciplinary, thus becoming an opportunity to improve people's living conditions through activities with a high technological component, which in turn facilitate the inclusion and integration of young talent.
In addition to the above, UNESCO pointed out the need to: "Integrate culture into sustainable development frameworks" (United Nations Educational, Scientific and Cultural Organization, Rethinking Cultural Policies. Creativity for Development. 2018, pp. 173 ff.); recognizing the new goals and challenges posed by the services and products of the creative economy, as well as its benefits in contributing to sustainable development, so much so that the United Nations designated 2021 as the International Year of the Creative Economy for Sustainable Development, as it represents 3% of global GDP, thus taking on a fundamental role especially in a post-coronavirus period.[1]
It is worth mentioning that the Inter-American Development Bank (IDB) in a study asserted that the creative economy in Latin America plays a very important role, since it produces at least 177 billion dollars each year. Likewise, people who work in creative industries conceptualize an idea, then produce or publish it and ideally are compensated. In reality, this is no different from other production processes, except that the main contribution comes from the original Intellectual and/or Industrial Property or Copyright, so it can be said that Intellectual and Industrial Property Law is the channel through which the creative economy is transformed into an industry that generates economic value, since Intellectual and Industrial Property grants exclusive rights to creators/inventors, in order to provide them with incentives to create, disseminate and protect their work.
It may be difficult to visualize the interrelation of the creative economy with Intellectual and Industrial Property Law, since the latter is a rather broad subject to address, especially in relation to the creative economy. However, this branch of Law significantly helps to achieve a balance and protection between the interests of creators and/or inventors and the public interest, since it fosters or creates an environment in which creativity and invention that characterizes the creative economy can be of great benefit today and especially in the economic sphere.
[1]United Nations Conference on Trade and Development. “The creative economy will have its moment in 2021.” Available at:https://unctad.org/es/news/la-economia-creativa-tendra-su-momento-en-el-ano-2021.
For further questions or advice, please contact us at the following email addresses:rmolina@lexincorp.com[/vc_column_text][us_separator][vc_column_text]
Written by:Rosibel Molina[/vc_column_text][/vc_column][/vc_row]
