Transcript WIPO Global Symposium of Intellectual Property Authorities - Developing Global Intellectual Property Infrastructure for Promoting Innovation and Branding Worldwide Geneva, Switzerland September 17 &

WIPO Global Symposium of Intellectual Property
Authorities - Developing Global Intellectual Property
Infrastructure for Promoting Innovation and Branding
Worldwide
Geneva, Switzerland September 17 & 18, 2009
Theme 6: IP Infrastructure for Better Management of IP
Assets:
Public and Private Partnerships, Universities and Industry
Collaboration, and International, Sub-regional and Regional
Collaboration
(Particularly focusing on International Collaboration and Partnerships between
IP Offices and various Stakeholders)
By Mr. Gift Sibanda
Director General, ARIPO
Presentation overview
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ARIPO Background;& its Major Activities and Objectives;
 Functions of ARIPO as a Regional Patent Office;
 ARIPO collaboration & Partnerships with private industry,
Research Institutions & Universities;
 ARIPO Collaboration & Partnerships with International,
Regional, National stakeholders & IP offices
 Challenges;
 The way forward
Member States of ARIPO
The Gambia
Sudan
Somalia
Sierra Leone
Kenya
Ghana
East Africa
Uganda
Tanzania
West Africa
Zambia
Malawi
Mozambique
Zimbabwe
Namibia
Central &
Southern Africa
Botswana
Swaziland
Lesotho
ORGANS OF ARIPO
COUNCIL OF MINISTERS
(Policy and Political Organ)
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)
SECRETARIAT
(Responsible for daily activities of the organisation)
STAFF AFFAIRS COMMITTE
ACHIEVING DEVELOPMENT THROUGH A REGIONAL APPROACH
THROUGH ARIPO
Promotion, Protection &
Exploitation of IP
Harmonization
Capacity Building
IP Integration
Industrial &
Economic
Development
ACHIEVING DEVELOPMENT THROUGH A REGIONAL & GLOBAL
APPROACH
Main Areas of Action
Standards, Norms setting and Training
United Industrial,Economic & IP Policy
Strategy
United Developmental Strategy
Information & Data Exchange
System
Development through Cooperation & Partnerships with
other IP Offices, Organizations & stakeholders
Schools,Universities &
research Institutions
Member
States
Potential
Member States
WIPO
ECOWAS
Other IP
Offices
EAC
ARIPO
SADC
AU
AU
OAPI
WTO
COMESA
Private Industry
ARIPO
Further Mandates and objectives
Promotion of IP systems and IP rights protection through
cooperation among member states and in collaboration with
other Offices & organizations
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Promoting balanced & Harmonised IP system and realizing its
development potential in the Region
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Strengthening IP infrastructure, institutional and human
resources in the Region
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Delivery of quality services in the ARIPO regional IP protection
system
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Greater efficiency of mangement and support processes in the
Filing, protection & use of IP for social & economic
development;etc.
The Harare Protocol
• Empowers ARIPO to grant Patents and
register Utility Models and Industrial Designs
on behalf of member states.
• All member states of ARIPO (except Somalia) are party
to The Harare Protocol, The Paris Convention and to
The Patent Cooperation Treaty (PCT).
ARIPO Collaboration and Partnerships in the Harare
Protocol Regional Framework
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ARIPO closely collaborates with its Member States in the processing
of all applications & in the drafting of National patent laws & IP
Strategies;
ARIPO participates in international debates like the Standing
Committee on the Law of patents; Committee on Development &
Intellectual Property (CDIP), etc.;
The Office Collaborates with other IP Offices & Organizations like,
WIPO, the EPO, IMPI Mexico, etc. in the processing of Patent
applications particularly in the search & examination procedures,
awareness activities & Capacity Building;
ARIPO is a Receiving Office & can be elected in the PCT Framework
with close support & Collaboration of the International Bureau;
The Office also supports & Encourages small inventors & SMEs in the
provision of advice in matters relating to Patents & IP in general
Limited Number of Patent applications lodged
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With the support of Cooperating
Partners & Member states:
– More local & Foreign
Awareness Activities must
be undertaken;
– The protocol should be
revised to make it more
competitive;
– Malawi & Zambia should
domesticate the protocol
into their national laws;
– Filing & Granting
Procedures should be
simplified further &
automated
The Banjul Protocol on Marks
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Signed on November 24, 1993 in Banjul, the Gambia;
Came into force on March 6, 1997;
The following member States are party to the Banjul protocol:
Botswana, Lesotho, Malawi, Namibia,
Swaziland,Tanzania, Uganda & Zimbabwe;
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One filing at ARIPO to get protection in all designated states;
Centralized procedures like renewals, filing, etc.;
ARIPO undertakes the formality Examination;
The Designated States undertake the substantive examination;
A Designated state can refuse the registration of a trademark in its
territory;
ARIPO Collaboration and Partnerships in the Banjul
Protocol Regional Framework
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ARIPO closely collaborates with its Member States party to the Banjul
protocol who examine the marks;
ARIPO participates in international debates like the Standing
Committee on the Law of Trademarks, industrial designs &
Geographical indications etc.;
The Office collaborates with WIPO & INTA in awareness, training
and in activities relating to the Improvement of the Banjul protocol on
Marks, e.g.;
– WIPO has been holding national & regional seminars relating marks in the
region, the latest was held in Accra Ghana in July 2009;
– WIPO is about to undertake on the Banjul Protocol to make it more
attractive and competitive;
– INTA is undertaking a study of the Trade Marks’ national laws of the
Member States with a view of improving them & domesticating the
Banjul Protocol in the national laws;
 The Office also supports & Encourages individuals & SMEs in the provision
of advice in matters relating to Marks, patents & IP in general;
ARIPO Mandate on Traditional Knowledge &
Expressions of Folklore
The ARIPO Mandate on TK & Expressions of Folklore
includes the following:
– Adoption of an ARIPO Regional Instrument & Protocol on TK &
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Expressions Folklore;
Preparation of Administrative Guidelines & Administrative
Instructions on TK & Expressions of Folklore;
Collection of data on TK from Member States & beyond;
Establishment of a Training Center on Biodiversity & Access to
Benefit sharing;
Development of Training Modules on TK, Genetic
Resources,Expressions of Folklore & Biodiversity for capacity
building in the region; etc.
ARIPO Collaboration and Partnerships in Traditional
Knowledge & Expressions of Folklore
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With the support of WIPO & collaboration of OAPI, ARIPO has
adopted a Regional Instrument & Protocol on TK & Expressions
Folklore (Available on www.aripo.org/ ;
ARIPO participates in international debates on TK like: the WIPO
Intergovernmental Committee on Intellectual Property and Genetic
Resources, Traditional Knowledge and Folklore etc.;
ARIPO has encouraged Member states to set up committees on the
management of TK in their respective countries;
With the support of the Members States, Chinese and Indian patent
Offices, & other stake holders,ARIPO has setup a TK database &
Developed Training Modules on TK, Genetic Resources,Expressions
of Folklore & Biodiversity for capacity building in the region;
With the support of the Member States, WIPO & other stake holders,
the office will hold a Diplomatic conference early next year (2010) to
adopt the protocol on Traditional Knowledge & Expressions of
Folklore and its implementing regulations.
ARIPO Mandate on Copyright & Related Rights
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To Facilitate the compatibility of copyright systems of ARIPO Member States
with international standards;
To access international databases and data distribution networks such as the
African Copyright Common Network (ACCN) and AFRINET;
To facilitate the development of anti-piracy and anti-counterfeit programmes
for Member States;
To assist in the development of Collective Management organizations in
Africa;
To undertake a study of the state and value of Copyright and Related Rights in
the member states
Ensure cooperation between ARIPO and other copyright related institutions
such as CISAC, IFFRO and UNESCO.
Develop training modules on Copyright and Related Rights for the Training
Centre;
To undertake further research and studies on the protection of copyright and
related rights;
To increase the level of awareness on Copyright & Related Rights;
To coordinate the activities of copyright offices and collecting societies; etc.
ARIPO Collaboration and Partnerships on Copyright &
related Rights
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ARIPO member states, WIPO, IFFRO, CISAC, UNESCO & national
collecting societies, have helped the office, to fulfill its mandate on
copyright & related rights by;
– Holding training seminars & workshops on copyright;
– Undertaking a study/ audit on the economic value of creative industries
and copyright ;
– Undertaking awareness drives in member states;
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To access international databases and data distribution networks such as the
African Copyright Common Network (ACCN) and AFRINET
ARIPO participates in International Debates like the Standing
Committee on Copyright & Related Rights
The ARIPO Library & Documentation
Center
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Created in 1982
 Includes A library, an
IP Clinic and Free-of
charge Broadband
Internet service;
 Open to the Public
free of charge;
ARIPO Collaboration and Partnerships on search
services
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ARIPO undertakes free of charge search services for individuals, SMEs and
Government Institutions;
ARIPO Undertakes substantive search & examination of national applications;
WIPO al
so supports the ARIPO Office with free-of charge search services
The following search services are undertaken:
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State-of the-art-searches;
Monographs (survey of information in a particular field
Novelty Searches;
Infringement Searches;
Bibliographic Data;
Copies of documents;
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Selective Dissemination of Information services (SDI)
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Search Requests services undertaken
Searches lodged since 1984
450
400
400
423
350
365
358
300
329 345
300
250
254
200
200203
150
100
138
122
50
84
86
85
54
37
46
93
82
82
82
93
98
50
0
1984
1986
1988
1990
1992
1994
1996
1998
2000
2002
2004
2006
2008
The ARIPO Regional Training Centre (ARTC)
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The Training Centre was
established to fulfill some of the
objectives of ARIPO which
include;
– To establish common services
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Organs, for the coordination,
harmonization & Development
of IP among the Member
States;
Training of staff from the
National Offices and ARIPO;
To Organize Conferences,
seminars & workshops on IP
matters;
To facilitate local Training
which is cheaper;
To increase the Number IP
Experts in the Region, etc.
The ARIPO Regional Training Centre
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It supplements the foreign sourced training;
 It takes care of most of the IP Training in the Region;
 Per capita cost of Training is much cheaper than Overseas;
 It addresses IP Issues which relate to the Region;
 Accessible due to the fact that it is in Africa (Harare) &
most participants don't need visas;
 It is linked to local universities & Research Institutions;
 Will be self sustaining in the long run; etc.
ARIPO Collaboration and Partnerships With Regard to
the Training Centre
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With the support the Member States, WIPO, the WIPO
Academy & other Patent Offices & organizations:
– The ARTC has been well equipped;
– Up ten Training Seminars are undertaken per year;
– At least 200 people are trained per year.
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ARIPO is a member of the Global Network on Intellectual
Property (IP) Academies created by the Rio Declaration
ARIPO-WIPO-AFRICA UNIVERSITY MASTERS
DEGREE PROGRAM (MIP) IN INTELLECTUAL
PROPERTY
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Created by an Agreement signed in 2007, among WIPO,
The WIPO Academy,Africa University and ARIPO;
The Main Objective of MIP is to increase the number of
IP Experts in Africa;
MIP runs for 12 months combining distance learning &
Campus teaching;
It mainly caters for students from Africa but some students
from out side Africa have been taken;
The 2nd cohort of students commenced on May 4, 2009;
The MIP targets mainly the following the following
categories of users
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Intellectual Property Offices and Establishments;
Small and Medium-Scale Enterprises;
Professional Associations and other Private Companies;
Science and Technology Policymakers;
Law enforcement agencies;
Journalists and Media Practitioners;
Universities, Research and Development institutions and
Colleges;
Judiciary and Parliamentarians;
Innovators and Inventors;
Private Industry; etc.
Technical
Intellectual Property Units in Institutions & Universities
in the Member States of ARIPO
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With the support of Cooperating Partners,the ARIPO
Office intends to setup IP units in universities & Research
Institutions in the member states;
With the support INPI-Portugal, an IP unit has been set up
in National Chamber of Commerce in Mozambique;
The main objectives of IP Units include:
– To coordinate all activities relating to IP in the Institution;
– To provide search services to users in the institution;
– To coordinate & help in filing for IP tiles by the Institution;
– To create a link between the institution, the patent office and
ARIPO
Collaboration with WIPO in ICT
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WIPO supports the ICT infrastructure in the ARIPO member states &
in Africa at large.
Some of the ICT projects in Africa to mention but a few include:
– Automated support to ARIPO & Its member states through
Intellectual Property Automated systems (IPAS);
– Digitalization of online Publications the PATENTScope Project;
– Automation of the ARIPO Regional Training Centre by providing
multimedia & Computing equipment;
– Connectivity & data exchange project between ARIPO & Its
member states;
– Training of ICT personnel;
– Technical expertise support ARIPO & its member states, etc.
Collaboration with the EPO in ICT
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The EPO has supported the ICT infrastructure at ARIPO,in the
member states & in Africa at large.
Some of the EPO ICT projects at ARIPO include:
– Polite software which automated the processing of applications;
– Training of ICT personnel;
– ICT Equipment;
– Technical consultancy, etc.
How ARIPO Encourages the Use of IP by
Member States & the Business Sector
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Facilitating National & Regional Protection of IP Uniformly;
Creating an IP Culture & Integrating it in National &
Regional Economic Development Programmes & Policies for
the Benefit of the Member States;
 Capacity Building & Development of Human Resources in IP;
 Facilitating & Encouraging IP Awareness Programs;
 Dissemination of Information Related to IP;
 Encouraging IP Rights Protection and Enforcement;
 Helping in the Procurement of IPR licenses & Assignments,
etc.
Major Challenges to ARIPO & Its Member
States
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Limited Resources to undertake all the Objectives &
Programs of the Organization;
 Limited number of patents & trademarks applications
filled;
 Lack of National & Institutional IP Policies;
 Limited Capacity particularly in the National Offices to
undertake & adopt Policies Developed in the Region;
 Limited knowledge & Information relating to IP among
the citizens of the Member States;
 Limited Infrastructure e.g. Communication, in the Region;
 Perceptions that IP is too cumbersome and is therefore for
the Rich, Developed Countries, etc.
ARIPO Future Activities
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Increase sensitization of policy makers in Government, research
Institutions, universities, schools & all stake holders on the value of IP;
Increase Capacity Building & human resources in IP ;
Streamline & simplify the filing procedures & make them affordable
by SMEs & local applicants;
Improve the Infrastructure of ARIPO & IP offices of its Member states
Improve national, regional & international corporation in the use,
protection & management of IP;
Facilitate the use of patent information through all available
communication channels;
How to contact ARIPO
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Physical Address: 11 Natal Rd Belgravia-Hre;
 Tel: +263-4-794065 to 794074;
 Fax:+263-4-794072/3;
 E-mail: aripo.ecoweb.co.zw
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[email protected];
Website: www.aripo.org/
THANK YOU