Innovation issues and concerns in EPAs negotiations

Regional Dialogue on EPAs, Intellectual Property and Sustainable Development

ICTSD, ENDA and QUNO

Saly, Senegal May 2007David Vivas Eugui

dvivas@ictsd.ch

OVERVIEW OF THE PRESENTATION

Innovation: methods and factors

IP and development an integrated model

Main areas of proposals made to ECOWAs in the IP Chapter by the EU that have a impact on local innovation

Patents Industrial designs Technology transfer

The trade and innovation chapter in the EU-CARIFORUM negotiations

Some options for ECOWAS negotiators

Innovation: methods and factors

“Innovation is the development and implementation of a improved (incremental) or new (landmark) product or process with success in a business activity / society”

Methods: Formal innovation

Scientific method (evidence of efficacy and/or efficiency) Marketing strategies (new utility, design, process)

Informal or Traditional Experience/belief intergenerational individual or collective Functional

Factors: Culture, education, inventiveness/creativity, capital, enabling environment, social fabric, linkages, marketability, etc.

IP and Development an integrated model

LEVELS OF DEVELOPMENT

LOW LEVEL

INTERMEDIATE LEVEL

HIGH LEVEL

INTELLECTUAL PROPERTY

RELEVANCE

LOW LEVEL

HIGH LEVEL IMITATION APPLICATION INNOVATION

LEARNING CURVE

Main sections of EU proposals that might have an impact over local innovation

Patents Patent cooperation Treaty / PLT The priority right (30 months)The waiver of sovereignty

Industrial Designs Criteria: new/original and individual character Mutual recognition Protection for registered and unregistered designs

Technology Transfer A simple copy of TRIPS obligation on technical cooperation and incentives in home countries There is no development of existing obligation

Trademarks Madrid Agreement, TLT Well know trade marks recommendation International filing and electronic filing

The Trade and innovation chapter under the EPA

with CARIFORUM Objectives

Improve supply side capacities in sectors of comparative advantages (cultural industries and music) Develop a set a home country measures to facilitate ToT and export of value added products Recognition of links between trade and innovation inside and outside the IP regime Recognition of the need to implement TRIPS flexibilities

Measures Support to regional research programmes Jointly develop means to measure innovation Obligation to provide incentives to home firms for ToT EU agrees in considering CARIFORUM firms eligible for internal innovation support CARIFORUM products are considered cultural goods for local content regulations in the EU context Effort to subscribe to WIPO internet treaties Duty free access to renewable energy products Joint R&D in biodiversity products and declaration of source of GR

Some general options to promote local innovation in the EPA context

Give careful consideration to applying the PCT / PLT / Madrid / TLT / WIPO Internet Treaties Develop a section on unregistered and traditional designs Explore the transfer of existing utility model protection into the EPA plus mutual recognition of titles Facilitated access (free royalty) of publicly hold technologies Develop a illustrative /numerus clausus list of home country measures Design specific incentives for local manufacturing of drugs and medical devises Indicate yearly budget on joint research programmes Request the EU national treatment for R&D subsidies (services chapter) for ECOWAs firms Full duty free quota free for cultural and environmentally preferable products (market access chapter) Facilitate visa procedures for students, academics, researchers and business persons Create a temporary visa system for low skill workers Direct support for local infrastructure and educational programmes