Transcript The Madrid System – Are You Ready?

REGIONAL APPROACH ON THE PROTECTION
OF TRADITIONAL KNOWLEDGE, EXPRESSIONS
OF FOLKLORE AND GENETIC RESOURCES
African Regional Intellectual Property Organization
http://www.aripo.org
OUTLINE OF PRESENTATION
• BRIEF INTRODUCTION OF ARIPO
• ARIPO SWAKOPMUND PROTOCOL
• DEVELOPMENT OF ARIPO POLICY AND LEGAL
FRAMEWORK ON ABS/PVP
• CHALLENGES AND WAY FORWARD
Membership
Membership open to UNECA and AU
Current Member States
Botswana, The Gambia, Ghana, Kenya, Lesotho, Liberia,
Malawi, Mozambique, Namibia, Rwanda, Sierra Leone,
Somalia, Sudan, Swaziland, Tanzania, Uganda, Zambia and
Zimbabwe
Potential Member States
Angola, Burundi, Eritrea, Ethiopia, Mauritius, Nigeria
Seychelles, South Africa, Southern Sudan
Geographical Distribution of Member States of ARIPO
The Gambia
Somalia
Sudan
Sierra Leone
Ghana
Liberia
Uganda
Kenya
Rwanda Tanzania
Zambia
Namibia
Zimbabwe
Botswana
Malawi
Mozambique
Swaziland
Lesotho
ORGANS OF ARIPO OF ARIPO
ORGANS
COUNCIL OF MINISTERS
(Policy and Political Organ)
TECHNICAL
COMMITTEE
ADMINISTRATIVE COUNCIL
(Administrative Organ of the Organization)
FINANCE COMMITTEE
BOARD OF APPEAL
(Evaluates the expenditure and budget of the organisation)
(Reviews appeal cases concerning Industrial property matters)
STAFF AFFAIRS
COMMITTEE
SECRETARIAT
(Responsible for daily activities of the organisation)
-Ministers responsible for IP matters – IP High Level Forum for Decision Making on Policy Issues;
-Administrative Council – Forum for IP Experts to determine development of IP;
-Committees and Board of Appeal – for specialized functions ;
-Secretariat – day to day operations of the Organization on IP matters.
ARIPO LEGAL INSTRUMENTS
LUSAKA
AGREEMENT
Adopted 1976
DEVELOPMENT AND
HARMONIZATION OF IP LAWS
TO PROMOTE AND EVOLVE
COMMON VIEWS AND APPROACH
ON IP MATTERS
TO FOSTER CLOSE COOPERATION
AMONG THE
HARARE
PROTOCOL
Adopted 1982
TO REGISTER AND
ADMINISTER THE
FOLLOWING IP TITLES –
;
MEMBER STATES
FACILITATE TECHNOLOGY TRANSFER
AND DEVELOPMENT OF
APPROPRIATE TECHNOLOGY
UNDERTAKE CAPACITY BUILDING,
AWARENESS CREATION AND
RESEARCH STUDIES
TO PROMOTE THE DEVELOPMENT
OF COPYRIGHT , GENETIC
RESOURCES, TK
AND FOLKLORE
PATENTS
UTILITY MODELS
INDUSTRIAL
DESIGNS
BANJUL
PROTOCOL
Adopted 1993
TO REGISTER AND
ADMINISTER
TRADMARKS AND
SERVICE MARKS
NEW LEGISLATIVE DEVELOPMENTS
SWAKOPMUND
PROTOCOL
Adopted in 2010
PROPOSED REGIONAL
FRAMEWORK ON ABS
PROPOSED REGIONAL
PROTOCOL ON PLANT
VARIETY PROTECTION
PROTECT NATIONAL AND
TRANSBOUNDARY TK
AND FOLKLORE
PREVENT
MISAPPROPRIATION AND
BIOPIRACY
PROMOTE THE
DEVELOPMENT AND
UTILIZATION OF THE
RESOURCES FOR WEALTH
CREATION
TO BE BASED ON THE
NAGOYA PROTOCOL AND
WIPO IGC OUTCOME
PROTECT PLANT
BREEDERS RIGHTS AND
PROMOTE
AGRICULTURAL
DEVELOPMENT
STRATEGIC PARTNERSHIP
The Organization is mandated to enter into strategic partnership with states
and organizations that are desirous to ensure achievement of its objectives.
Purpose of the Agreement
•Technical and Financial assistance
•Mutual exchange of information and experiences
Current Agreements
Special relationship (Lusaka Agreement - Article V): ECA, AU, WIPO
Cooperation States and Organizations (Lusaka Agreement Article VI)
States: UKIPO, SIPO, USPTO, IMPI Mexico, INPI Portugal, INPI Brazil,
ROSPAT, JPO, EIPO, SPRO, KIPO.
Organizations: WTO, EPO, OAPI, EAPO, IFRRO, INTA, ARCT, ARSO.
Others : Culture Fund, Africa University, NUST,
The ARIPO
andARIPO
OAPI systems
The differences
between
and OAPI systems
ORGANIZATION
ARIPO, 1076, HQ - Harare
MEMBERSHIP
AND ORGANS
18 Member states
16 Member sates,
and 9 potential
one policy organ
member states, 2-tier
policy organs
LEGISLATION
Member States Laws
complemented by
Harmonised
Protocols
One Law which is
also the Laws of the
Member States
PROCEDURE
Centralized system with
optional designations in
patent applications
Centralised system
with automatic
designations
Undertake Substantive
Examinations of patent
applications
Does not undertake
substantive
examinations of patent
applications
EXAMINATION
OF PATENT
APPLICATIONS
OAPI, 1962, HQ - Yaoundé
Our Mandate on TK, Folklore and GR
• Decision of AU Heads of State on the declaration
of the period 2001-2010 an Africa’s decade of
Traditional Medicine
• Decision of ARIPO Council of Ministers (2000,
2002)
• Establishment of WIPO IGC to urgently address
questions on IP and TK, Folklore and GR
• ARIPO-WHO collaboration to protect and
promote African Traditional Medicine as integral
part of the African Health delivery Services
The Context….
• Africa has rich TK/Folklore and biodiversity which are major sources
of the livelihood of its people
• It is created for economic, spiritual, ritual, narrative, decorative or
recreational purpose
• Traditional knowledge and its associated genetic resources
contributes significantly to ecological management, sustainable
agriculture, health and food security
• The term “tradition-based” refers to transmission from generation
to generation. However, TK is not merely learnt by rote and handed
down from one generation to another. It is inherently dynamic and
subject to a continuous process of verification, adaptation and
creation. and forms the basis of biomedical research and
pharmacognosy
• The knowledge and resources are under threat due to ongoing
misappropriation, commercialization and extinction
• Holders of the knowledge are dis-inherited and marginalised
Source: AAAS TEK-PAD
• A complex conceptual, policy, legal,
political and operational challenge . . .
Use of Terminologies and their interpretations-TK
CBD/NAGOYA
WIPO/IGC
TK
(Strictu
Sensu)
TK
Lacto Sensu
GR
GR
Know-how
and Know-why
(Functional
aspects
TCEs
(Strictu
Sensu)
TK
MINUS
GR
Expressions
and Cultural
Heritage
MANDATE ON THE PROTECTION OF
TRADITIONAL KNOWLEDGE, FOLKLORE
AND GENETIC RESOURCES
PROTECTON OF
TK AND
FOLKLORE
• Development of legislations
• Documentation initiatives
• Capacity building and awareness
creation
PROTECTION OF
GENETIC
RESOURCES
• Development of ABS guidelines
• Establishment of Centre of Excellence
on Biodiversity
PROTECTION OF
NEW VARIETIES
OF PLANTS
• Development of Regional framework
for the protection of new varieties of
plants
• Providing Technical support to the
member states of ARIPO
•
•
•
•
RATIONALE FOR DEVELOPING THE ARIPO
SWAKOPMUND PROTOCOL
To provide a legal framework that empowers TK
holders to utilize their resources for socio-economic
development
To prevent misappropriation and prevent illicit grant
of patents
Need to address trans-boundary TK /folklore in
Africa
Provide a model for national legislative
development and as an African position framework
for the IGC Process
Traditional
governance and
legal systems
Nature and
Inadequacy of
Characteristics of the conventional
the knowledge
IP system
16
CONSULTATIVE PROCESSES

Policy and Political decisions

Expert Review Meetings

ARIPO-OAPI Harmonization processes

National and Regional Consultations
CORE ELEMENTS OF THE PROTOCOL
• Defines TK, Folklore and beneficiaries (includes
recognized individuals)
• Provides positive or exclusive rights for holders
• Provide scope of protection and eligibility
conditions
• Provides for the protection of trans-boundary
TK and Folklore
• Does not require formalities and protects
TK/Folklore in perpetuity
• Provides for PIC and MAT (including IP clauses)
CORE ELEMENTS OF THE PROTOCOL
• Establishes registration system at national and
regional levels
• Establishes National Competent Authorities
for implementation of the Protocol
• Provides for Dispute Settlement Mechanisms
• Recognizes Customary Laws and Protocols
• States that “authorization to access protected
TK associated with GR shall not imply
authorization to the GR derived from the TK”
[Section 12 of the Protocol]
NEXT STEPS
• Ratification/Accession to the Protocol
• Adoption of Implementing Regulations
• Support for national policy and legislative
development
• Identification and development of projects
• Awareness promotion and capacity building
• Development of ARIPO TKDL
ARIPO POLICY AND LEGAL
FRAMEWORK ON ABS/PVP
• Development of regional policy and legal
framework for ABS/PVP for implementation by
the Member States of the Organization
- Objectives and Principles
- Policy options and strategies
- Institutional Structures
• Linkage of such initiative with those of CBD,
FAO, UPOV and other International and
regional organizations
CAPACITY BUILDING PROGRAMMES OF THE ARIPO ACADEMY
E-LEARNING
CUSTOMISED TRAINING
PROGRAMMES
-Plant Variety Protection
-Industrial Property issues
-Copyright
-Biodiversity
-TK and Folklore
-Enforcement
-IP and SMEs
-IP and Public Health
-Governmentt Officials
-Private Sector
-Judiciary
-Universities , R&D institutions
-SMEs
ACADEMIC
PROGRAMMES
-Joint WIPO-ARIPO-Africa
University Masters in IP
Programme ( one of the
modoles is on Plant Variety
Protoection)
- Have introduced DL 205
-Planning to launch 2 MIP
programmes in East and Wstt
Africa
-Will soon establish Ph D
programme at the Africa
University
Developing elearning
facilities to
launch elearning
programmes
CHALLENGES
• Lack of continental platform to discuss issues
IPR and ABS in a mutually supportive manner
• Lack on national capacity and weak linkages
between donors and regional organizations
dealing with IPR and ABS
• Need to address duplication of efforts,
overlaps and reinventing of the wheel
THE WAY FORWARD
• Establishment of African Landscape on IPR and
ABS (national and regional level)
• Establishment of Inter-agency/Inter-ministerial
committees to address cross-cutting issues on
IPR and ABS
• Involvement of ARIPO and OAPI in future
discussions on IPR and ABS
• Strengthening capacity building activities,
particularly on drafting of contracts, legislations
and patent specifications as well as negotiation
skills, through the existing institutions
THE HEADQUARTERS OF ARIPO
• Based in Harare since February 1982;
• Physical Address:
11 Natal Rd, Belgravia,
Harare, Zimbabwe.
• Postal Address:
P O Box 4228 Harare,
Zimbabwe.
• Telephone:
00263 4 794065, 794066,
794070.
• E-mail address:
[email protected] ;
[email protected]
• Website:
http://www.aripo.org .
Thank You For
Listening!