Transcript WIPO NATIONAL ROVING SEMINAR ON INTELLECTUAL PROPERTY AND THE COMPETITIVENESS OF AGRO-FOOD SMES Zanzibar and Dar es Salaam, December 14 & 15 and 17 &

WIPO NATIONAL ROVING SEMINAR ON
INTELLECTUAL PROPERTY AND THE
COMPETITIVENESS OF AGRO-FOOD
SMES
Zanzibar and Dar es Salaam,
December 14 & 15 and 17 & 18, 2009
Cooperation for Development Bureau for Africa
World Intellectual Property Organization (WIPO)
INTEGRATING
INTELLECTUAL PROPERTY
INTO NATIONAL
DEVELOPMENT POLICIES
Structure of Presentation
Evolution of the Intellectual Property System
Different economic development levels among
developing countries and least-developed countries
(LDCs)
Issues at stake today
integration in the global trade and active participation in
multilateral debates
Domestic challenges (economic sustainability, public health,
education, fighting poverty)
Intellectual Property and Development (Is there any
relevance?)
Challenges Facing Developing Countries and Leastdeveloped Countries to strategically use the IP system
WIPO’s work, Some suggestions and Conclusion
Backdrop
MDG’s aim is to reduce poverty, provide food
security by improving health, education and
ensuring environmental sustainability by 2015
The World Economy has changed from bricks and
mortars to a knowledge-based one
Intellectual Property is the Driving Force in
Todays’ Knowledge-based Economy but it’s Use
Must be Strategic and Supported by a Clearlydefined Government Policy and Strategy
Intellectual Property:
Changing Landscape
WTO’s Trade-related Aspects of Intellectual Property
Rights (the TRIPs Agreement) extends minimum
standards for IP protection across the world
Bilateral and Regional Trade Agreements (EU-ACP
EPAs,, FTAs)
Industrial Property Laws and Copyright Laws adapt to
changing landscape of international trade and
dissemination of goods, services and knowledge thanks to
new business models, new technologies etc.
WIPO’s Development Agenda aims to incorporate
development concerns in its Cooperation Programs
Developing vs Leastdeveloped Countries
There is technological disparity between developed and
developing countries.
Low middle income developing countries account for
about 21% of world GDP
Expenditure in global Research and Development is less
than 10% in LMIDCs and Sub-Saharan Africa’s share is a
mere 0.5%
Least-developed Countries are mainly net importers of
technology from the developed countries)
Developing vs Leastdeveloped Countries
There is also technological disparity between the
developing countries themselves, social and economic
development also vary
India, China, Brazil, South Afrca vs the Rest
China and India’s technological capacity in a number of
scientific and technological areas such as space, nuclear
energy, computer science, biotechnology,
pharmaceuticals, software development and aviation
Sub-saharan Africa has a weak technological capacity
accounting for only 0.5% of worldwide research
expenditure
Issues at Stake
Level of technological development and capacity to
innovate is still weak but there are several options and
issues at stake:
Incentives for Technology Transfer through Licensing
(Flexibilities)
Government Incentives to R&D institutions e.g. Mauritius
Research Council’s Innovation Support Fund – ISF)
Create a Platform to Access Knowledge Through IP
Access to technological information for research and
innovation (ARDI – Access to Research and Development for
Innovation) – WIPO-supported IP Information and Advisory
Centres
Access to educational material through ICTs
Public Health and Access to Drugs (TRIPs Flexibilities)
Genetic Resources , Folklore and Traditional Knowledge
Intellectual Property and
Development: Any relevance?
IPRs protect but also provide incentives to creators &
innovators to do more in their field of expertise, as a result
IPRs encourage knowledge creation and through such
systems as patent requirements for disclosure of technical
information
IPRs encourage sharing of knowledge in the public
domain to inspire secondary or novel creations/innovation
Pre-industrialization Japan and Korea
Took advantage of weak IP regime to copy technology and invest
in local, homegrown manufacturing and technology base
India now embraces strong copyright laws out of selfinterests (Bollywood, Software Industry, Music etc.)
Challenges Facing Developing
Countries
Understanding how the IP system operates requires
appreciation of how the system can be used to promote
development objectives and therefore guide decisions. This
might require:
Adequate Institutional Capacity – Well structured IP
Administration with skilled and well trained personnel
Proper coordination among various government, public
sector and the civil society in light of the cross-cutting
nature of intellectual property
There is need to engage R&D Institutions and Higher
Learning Institutions even more
Scoping of national IP assets to obtain empirical evidence
of the competitive advantages that some sectors have in
using IP to enhance their competitiveness
Challenges….Cont’d
Limited funding of research has adverse impact on
areas that require research and science to thrive, such
as agriculture
Human capital and skills are required to harness
knowledge, capitalize on existing opportunities and
technologies to add value to products and processes
and maximize profit
What Does WIPO Do To Facilitate
Integration of IP in National Development
Strategies?
Encourage Member States to adopt Intellectual Property
Development Strategies/Plans. This is done through
- Assessing the Benefits of National IP Systems, which
consists in examining current IP policies, priorities and
strategies for the development, management and
commercialization of IP Assets
- Generating empirical data for making informed IP
decisions
-Making a diagnosis of Economic Social, cultural and
technological situation in each country. The process, for
some African countries, has been conducted in cooperation
with COMESA and CEMAC
NB: Direct involvement of public, private sector and civil
society is essential throughout the process
What Does WIPO Do To Facilitate
Integration of IP in National Development
Strategies?
The objective of IP Development Strategies is to Build
capacities to create, protect and make strategic use of a
Country’s IP assets as a power tool for economic growth
and development
The Strategy also seeks to ensure that IP offices and
potential users and generators of IP assets, have the
technical capacity to use the IP system as a Business Strategy
IP Strategy/Plan is a process, it focuses on one or several
aspects e.g. Kenya’s science & technology IP policy,
Mauritius’ all embracing, Rwanda’s Vision 2020
incorporates IP
Some suggestions….
Should a Country wish to integrate intellectual
property in its national development strategies, here
are some steps to follow:
- Determine the stakeholders to be involved in the
development of the national IP policy and strategy
- Create a team to integrate IP into the national
policy based on the above
….
-The team ought to be representative of various
stakeholders. They are trained and sensitized on how to
prepare a national IP policy and strategy. The team should
be tasked to align the IP Development Strategy to national
development needs and priorities (Poverty Reduction
Strategy)
-Identify the mission, goals and objectives of the IP strategy
-Create a team of IP experts to undertake an in-depth
assessment of the existing IP legislative and institutional
capacity, to identify challenges, weaknesses and unexplored
opportunities (a situational analysis or IP Audit)
….
 Convene a stakeholders meeting in order to
discuss the mission, vision and objectives of
the national IP policy based on the findings
of the assessment
 Develop a plan of action for the process of
developing the national IP strategy based on
SMART (Specific, Measurable, Attainable,
Realistic & Time bound) objectives
 Develop implementation plans with
performance indicators and install a
monitoring and evaluation system
Is an IP Strategy Useful?
 Yes, it is useful because it strengthens a nation’s
ability to generate economically valuable IP assets
 It provides the Member States with a shared vision,
common objectives and an agreed framework for
modernizing and utilizing the IP system for
development benefits. Such strategies are closely
aligned with the national development objectives
and integrated in the development plans of the
countries , (e.g. Within the context of the
Tanzanian Vision 2025!)
Is an IP Strategy Useful?
 Yes…
 It aims at providing a comprehensive and
integrated plan over time whereby all
national stakeholders can work together to
create, own and exploit research results,
innovations, new technologies and works
of creativity and use IP to add value to
local products, crafts, TK, etc.
Is an IP Strategy Useful?
 Yes…
 ..Because it aims to encourage global
partnership funding for development
activities which will widen the scope and
avoid duplication.
 To give full freedom to a country to
choose its priorities and to develop in
cooperation with WIPO, a defined plan
of action.
…Some expected results
 Support in updating the legislation to
include flexibilities
 Well-trained officials and experts capable
of contributing to the development of
the country’s IP strategy
 A dedicated network of IP users
established and a consultation
mechanism set up to institutionalize
links between different IP user groups
…Some expected results
 Establishment of IP advisory and
information service centres
 Awareness programs and/or tailored
projects on the strategic use of IP to
enhance the value of local products on
both the domestic and export markets
 Teaching of IP in universities and
institutions of higher learning initiated
 Members of the judiciary and other
enforcement officials sensitized about
the importance of IP…etc…
Conclusion
Intellectual property is the driving force of a
knowledge based economy.
To harness it effectively, there’s need for a clear
and well defined Government policy.
End!
Thank You for Your Kind Attention…