WIPO NATIONAL ROVING SEMINAR WIPO NATIONAL ROVING SEMINAR ON INTELLECTUAL PROPERTY AND ON INTELLECTUAL PROPERTY AND THE COMPETITIVENESS OF AGRO-THE COMPETITIVENESS OF AGRO-

FOOD FOOD SMESSMES

Zanzibar and Dar es Salaam, Zanzibar and Dar es Salaam, December 14 & 15 and 17 & 18, December 14 & 15 and 17 & 18,

20092009Cooperation for Development Bureau for Cooperation for Development Bureau for AfricaAfrica

World Intellectual Property Organization World Intellectual Property Organization (WIPO)(WIPO)

INTEGRATING INTEGRATING INTELLECTUAL INTELLECTUAL

PROPERTY INTO PROPERTY INTO NATIONAL NATIONAL

DEVELOPMENT DEVELOPMENT POLICIESPOLICIES

Structure of Structure of PresentationPresentationEvolution of the Intellectual Property Evolution of the Intellectual Property

SystemSystemDifferent economic development levels Different economic development levels among developing countries and least-among developing countries and least-developed countries (LDCs)developed countries (LDCs)Issues at stake today Issues at stake today

integration in the global trade and active integration in the global trade and active participation in multilateral debatesparticipation in multilateral debatesDomestic challenges (economic sustainability, Domestic challenges (economic sustainability, public health, education, fighting poverty)public health, education, fighting poverty)

Intellectual Property and Development Intellectual Property and Development (Is there any relevance?)(Is there any relevance?)Challenges Facing Developing Countries Challenges Facing Developing Countries and Least-developed Countries to and Least-developed Countries to strategically use the IP systemstrategically use the IP systemWIPO’s work, Some suggestions and WIPO’s work, Some suggestions and ConclusionConclusion

BackdropBackdrop

MDG’s aim is to reduce poverty, MDG’s aim is to reduce poverty, provide food security by improving provide food security by improving health, education and ensuring health, education and ensuring environmental sustainability by 2015environmental sustainability by 2015

The World Economy has changed The World Economy has changed from bricks and mortars to a from bricks and mortars to a knowledge-based oneknowledge-based one

Intellectual Property is the Driving Intellectual Property is the Driving Force in Todays’ Knowledge-based Force in Todays’ Knowledge-based Economy but it’s Use Must be Economy but it’s Use Must be Strategic and Supported by a Clearly-Strategic and Supported by a Clearly-defined Government Policy and defined Government Policy and StrategyStrategy

Intellectual Property: Intellectual Property: Changing LandscapeChanging Landscape

WTO’s Trade-related Aspects of WTO’s Trade-related Aspects of Intellectual Property Rights (the TRIPs Intellectual Property Rights (the TRIPs Agreement) extends minimum standards Agreement) extends minimum standards for IP protection across the worldfor IP protection across the worldBilateral and Regional Trade Agreements Bilateral and Regional Trade Agreements (EU-ACP EPAs,, FTAs)(EU-ACP EPAs,, FTAs)Industrial Property Laws and Copyright Industrial Property Laws and Copyright Laws adapt to changing landscape of Laws adapt to changing landscape of international trade and dissemination of international trade and dissemination of goods, services and knowledge thanks to goods, services and knowledge thanks to new business models, new technologies new business models, new technologies etc. etc. WIPO’s Development Agenda aims to WIPO’s Development Agenda aims to incorporate development concerns in its incorporate development concerns in its Cooperation ProgramsCooperation Programs

Developing vs Developing vs Least-developed Least-developed

CountriesCountriesThere is technological disparity between There is technological disparity between developed and developing countries.developed and developing countries.Low middle income developing countries Low middle income developing countries account for about 21% of world GDPaccount for about 21% of world GDPExpenditure in global Research and Expenditure in global Research and Development is less than 10% in LMIDCs Development is less than 10% in LMIDCs and Sub-Saharan Africa’s share is a mere and Sub-Saharan Africa’s share is a mere 0.5%0.5%Least-developed Countries are mainly net Least-developed Countries are mainly net importers of technology from the importers of technology from the developed countries)developed countries)

Developing vs Developing vs Least-developed Least-developed

CountriesCountriesThere is also technological disparity There is also technological disparity between the developing countries between the developing countries themselves, social and economic themselves, social and economic development also varydevelopment also varyIndia, China, Brazil, South Afrca vs the India, China, Brazil, South Afrca vs the RestRestChina and India’s technological capacity China and India’s technological capacity in a number of scientific and in a number of scientific and technological areas such as space, technological areas such as space, nuclear energy, computer science, nuclear energy, computer science, biotechnology, pharmaceuticals, software biotechnology, pharmaceuticals, software development and aviationdevelopment and aviationSub-saharan Africa has a weak Sub-saharan Africa has a weak technological capacity accounting for technological capacity accounting for only 0.5% of worldwide research only 0.5% of worldwide research expenditureexpenditure

Issues at StakeIssues at StakeLevel of technological development and Level of technological development and capacity to innovate is still weak but capacity to innovate is still weak but there are several options and issues at there are several options and issues at stake:stake:

Incentives for Technology Transfer through Incentives for Technology Transfer through Licensing (Flexibilities)Licensing (Flexibilities)Government Incentives to R&D institutions Government Incentives to R&D institutions e.g. Mauritius Research Council’s Innovation e.g. Mauritius Research Council’s Innovation Support Fund – ISF)Support Fund – ISF)Create a Platform to Access Knowledge Create a Platform to Access Knowledge Through IPThrough IPAccess to technological information for Access to technological information for research and innovation (ARDI – Access to research and innovation (ARDI – Access to Research and Development for Innovation) – Research and Development for Innovation) – WIPO-supported IP Information and Advisory WIPO-supported IP Information and Advisory CentresCentresAccess to educational material through ICTsAccess to educational material through ICTsPublic Health and Access to Drugs (TRIPs Public Health and Access to Drugs (TRIPs Flexibilities)Flexibilities)Genetic Resources , Folklore and Traditional Genetic Resources , Folklore and Traditional KnowledgeKnowledge

Intellectual Property Intellectual Property and Development: Any and Development: Any

relevance?relevance?IPRs protect but also provide incentives to IPRs protect but also provide incentives to creators & innovators to do more in their creators & innovators to do more in their field of expertise, as a result IPRs field of expertise, as a result IPRs encourage knowledge creation and through encourage knowledge creation and through such systems as patent requirements for such systems as patent requirements for disclosure of technical informationdisclosure of technical informationIPRs encourage sharing of knowledge in IPRs encourage sharing of knowledge in the public domain to inspire secondary or the public domain to inspire secondary or novel creations/innovationnovel creations/innovationPre-industrialization Japan and KoreaPre-industrialization Japan and Korea

Took advantage of weak IP regime to copy Took advantage of weak IP regime to copy technology and invest in local, homegrown technology and invest in local, homegrown manufacturing and technology basemanufacturing and technology base

India now embraces strong copyright laws India now embraces strong copyright laws out of self-interests (Bollywood, Software out of self-interests (Bollywood, Software Industry, Music etc.)Industry, Music etc.)

Challenges Facing Challenges Facing Developing CountriesDeveloping Countries

Understanding how the IP system operates Understanding how the IP system operates requires appreciation of how the system requires appreciation of how the system can be used to promote development can be used to promote development objectives and therefore guide decisions. objectives and therefore guide decisions. This might require: This might require: Adequate Institutional Capacity – Well Adequate Institutional Capacity – Well structured IP Administration with skilled structured IP Administration with skilled and well trained personneland well trained personnelProper coordination among various Proper coordination among various government, public sector and the civil government, public sector and the civil society in light of the cross-cutting nature society in light of the cross-cutting nature of intellectual propertyof intellectual propertyThere is need to engage R&D Institutions There is need to engage R&D Institutions and Higher Learning Institutions even and Higher Learning Institutions even moremoreScoping of national IP assets to obtain Scoping of national IP assets to obtain empirical evidence of the competitive empirical evidence of the competitive advantages that some sectors have in advantages that some sectors have in using IP to enhance their competitivenessusing IP to enhance their competitiveness

Challenges….Cont’dChallenges….Cont’d

Limited funding of research has Limited funding of research has adverse impact on areas that require adverse impact on areas that require research and science to thrive, such as research and science to thrive, such as agricultureagriculture

Human capital and skills are required Human capital and skills are required to harness knowledge, capitalize on to harness knowledge, capitalize on existing opportunities and technologies existing opportunities and technologies to add value to products and processes to add value to products and processes and maximize profitand maximize profit

What Does WIPO Do To What Does WIPO Do To Facilitate Integration of IP in Facilitate Integration of IP in

National Development National Development Strategies?Strategies?Encourage Member States to adopt Encourage Member States to adopt

Intellectual Property Development Intellectual Property Development Strategies/Plans. This is done throughStrategies/Plans. This is done through - Assessing the Benefits of National IP - Assessing the Benefits of National IP Systems, which consists in examining Systems, which consists in examining current IP policies, priorities and strategies current IP policies, priorities and strategies for the development, management and for the development, management and commercialization of IP Assetscommercialization of IP Assets - Generating empirical data for making - Generating empirical data for making informed IP decisionsinformed IP decisions-Making a diagnosis of Economic Social, -Making a diagnosis of Economic Social, cultural and technological situation in each cultural and technological situation in each country. The process, for some African country. The process, for some African countries, has been conducted in countries, has been conducted in cooperation with COMESA and CEMACcooperation with COMESA and CEMACNB: Direct involvement of public, private NB: Direct involvement of public, private sector and civil society is essential sector and civil society is essential throughout the processthroughout the process

What Does WIPO Do To What Does WIPO Do To Facilitate Integration of IP in Facilitate Integration of IP in

National Development National Development Strategies?Strategies?The objective of IP Development Strategies The objective of IP Development Strategies

is to is to Build capacities to create, protect and Build capacities to create, protect and make strategic use of a Country’s IP assets make strategic use of a Country’s IP assets as a power tool for economic growth and as a power tool for economic growth and developmentdevelopment

The Strategy also seeks to ensure that IP The Strategy also seeks to ensure that IP offices and potential users and generators offices and potential users and generators of IP assets, have the technical capacity to of IP assets, have the technical capacity to use the IP system as a Business Strategyuse the IP system as a Business Strategy

IP Strategy/Plan is a process, it focuses on IP Strategy/Plan is a process, it focuses on one or several aspects e.g. Kenya’s science one or several aspects e.g. Kenya’s science & technology IP policy, Mauritius’ all & technology IP policy, Mauritius’ all embracing, Rwanda’s Vision 2020 embracing, Rwanda’s Vision 2020 incorporates IPincorporates IP

Some suggestions….Some suggestions….

Should a Country wish to integrate Should a Country wish to integrate intellectual property in its national intellectual property in its national development strategies, here are development strategies, here are some steps to follow:some steps to follow:

- Determine the stakeholders to be - Determine the stakeholders to be involved in the development of the involved in the development of the national IP policy and strategynational IP policy and strategy

- Create a team to integrate IP into - Create a team to integrate IP into the national policy based on the abovethe national policy based on the above

……..

-The team ought to be representative of The team ought to be representative of various stakeholders. They are trained and various stakeholders. They are trained and sensitized on how to prepare a national IP sensitized on how to prepare a national IP policy and strategy. The team should be policy and strategy. The team should be tasked to align the IP Development Strategy tasked to align the IP Development Strategy to national development needs and to national development needs and priorities (Poverty Reduction Strategy)priorities (Poverty Reduction Strategy)

-Identify the mission, goals and objectives -Identify the mission, goals and objectives of the IP strategyof the IP strategy

-Create a team of IP experts to undertake -Create a team of IP experts to undertake an in-depth assessment of the existing IP an in-depth assessment of the existing IP legislative and institutional capacity, to legislative and institutional capacity, to identify challenges, weaknesses and identify challenges, weaknesses and unexplored opportunities (a situational unexplored opportunities (a situational analysis or IP Audit)analysis or IP Audit)

……..

Convene a stakeholders meeting in Convene a stakeholders meeting in order to discuss the mission, vision and order to discuss the mission, vision and objectives of the national IP policy objectives of the national IP policy based on the findings of the based on the findings of the assessmentassessment

Develop a plan of action for the Develop a plan of action for the process of developing the national IP process of developing the national IP strategy based on SMART (Specific, strategy based on SMART (Specific, Measurable, Attainable, Realistic & Measurable, Attainable, Realistic & Time bound) objectivesTime bound) objectives

Develop implementation plans with Develop implementation plans with performance indicators and install a performance indicators and install a monitoring and evaluation system monitoring and evaluation system

Is an IP Strategy Useful?Is an IP Strategy Useful?

Yes, it is useful because it strengthens Yes, it is useful because it strengthens a nation’s ability to generate a nation’s ability to generate economically valuable IP assetseconomically valuable IP assets

It provides the Member States with a It provides the Member States with a shared vision, common objectives and shared vision, common objectives and an agreed framework for modernizing an agreed framework for modernizing and utilizing the IP system for and utilizing the IP system for development benefits. Such strategies development benefits. Such strategies are closely aligned with the national are closely aligned with the national development objectives and integrated development objectives and integrated in the development plans of the in the development plans of the countries , (e.g. Within the context of countries , (e.g. Within the context of the Tanzanian Vision 2025!)the Tanzanian Vision 2025!)

Is an IP Strategy Useful?Is an IP Strategy Useful?

Yes…Yes…

It aims at providing a comprehensive It aims at providing a comprehensive and integrated plan over time and integrated plan over time whereby all national stakeholders whereby all national stakeholders can work together to create, own and can work together to create, own and exploit research results, innovations, exploit research results, innovations, new technologies and works of new technologies and works of creativity and use IP to add value to creativity and use IP to add value to local products, crafts, TK, etc.local products, crafts, TK, etc.

Is an IP Strategy Useful?Is an IP Strategy Useful?

Yes…Yes…

..Because it aims to encourage ..Because it aims to encourage global partnership funding for global partnership funding for development activities which will development activities which will widen the scope and avoid widen the scope and avoid duplication. duplication.

To give full freedom to a country To give full freedom to a country to choose its priorities and to to choose its priorities and to develop in cooperation with develop in cooperation with WIPO, a defined plan of action.WIPO, a defined plan of action.

……Some expected resultsSome expected results

Support in updating the legislation Support in updating the legislation to include flexibilitiesto include flexibilities

Well-trained officials and experts Well-trained officials and experts capable of contributing to the capable of contributing to the development of the country’s IP development of the country’s IP strategystrategy

A dedicated network of IP users A dedicated network of IP users established and a consultation established and a consultation mechanism set up to mechanism set up to institutionalize links between institutionalize links between different IP user groupsdifferent IP user groups

……Some expected resultsSome expected results

Establishment of IP advisory and Establishment of IP advisory and information service centresinformation service centres

Awareness programs and/or tailored Awareness programs and/or tailored projects on the strategic use of IP to projects on the strategic use of IP to enhance the value of local products enhance the value of local products on both the domestic and export on both the domestic and export marketsmarkets

Teaching of IP in universities and Teaching of IP in universities and institutions of higher learning institutions of higher learning initiatedinitiated

Members of the judiciary and other Members of the judiciary and other enforcement officials sensitized enforcement officials sensitized about the importance of IP…etc…about the importance of IP…etc…

ConclusionConclusion

Intellectual property is the driving Intellectual property is the driving force of a knowledge based force of a knowledge based economy.economy.

To harness it effectively, there’s To harness it effectively, there’s need for a clear and well defined need for a clear and well defined Government policy.Government policy.

End!End!

Thank You for Your Kind Attention…Thank You for Your Kind Attention…