Transcript Technical Assistance and Capacity Building Programs in the Area of Intellectual Property IP Software and E-Health : Trends, Issues, Prospects Yves Ngoubeyou Senior Program Officer Cooperation for.

Technical Assistance and Capacity
Building Programs in the Area of
Intellectual Property
IP Software and E-Health : Trends, Issues,
Prospects
Yves Ngoubeyou
Senior Program Officer
Cooperation for Development Bureau for Africa
Kigali
June 4
2010
Contents
Background
WIPO’s Cooperation for Development Program
Challenges and Opportunities
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Background
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Milestones : 1883 to 2007
2002
1989
1970
1967
1960
1925
1891
1886
1883
1893
BIRPI
Madrid Agreement
Berne Convention
Paris Convention
WIPO established
WIPO Convention
BIRPI moves to Geneva
Hague Agreement
Madrid Protocol
PCT
1970
Internet
Treaties
Overview of WIPO
A specialized UN agency (since 1974)
184 Member States
Administers 24 treaties and conventions (3 types)
- Intellectual property protection treaties
- Global protection system treaties
- Classification system treaties
Stakeholders & Partners
- 66 Intergovernmental organizations, e.g. WTO, UNCTAD, etc
- Users of the IP System, e.g. business community
- 232 non-governmental organizations (NGOs)
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WIPO Mission – A Specialized UN Agency
… dedicated to developing a balanced and
accessible international intellectual property (IP)
system, which rewards creativity, stimulates
innovation and contributes to economic
development while safeguarding the public
interest.
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Wipo's Activities
Services
to Industry
Norm-Setting
Economic Development
Norm Setting
AIM: Progressive development of international IP law for an
IP system that is:
balanced/responsive to emerging needs
effective in encouraging innovation/creativity
sufficiently flexible to accommodate national policy objectives
Patents
Copyright & Related Rights
Trademarks, Designs, Geographical Indications
Intellectual Property and Traditional Knowledge
Access to Genetic Resources, Folklore
Services
Enhancement of global protection systems to simplify and
reduce costs of obtaining protection in multiple countries for:
PATENTS (PCT)142 countries
TRADEMARKS (MADRID) 84 countries
INDUSTRIAL DESIGNS (HAGUE) 57 countries
GEOGRAPHICAL INDICATIONS (LISBON) 26 countries
MICRO-ORGANISMS (BUDAPEST)
WIPO ARBITRATION & MEDIATION CENTER
WIPO’s Cooperation for Development
Program
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Mandate for Extending Legal and Technical
Assistance
Article 4 of WIPO Convention provides that WIPO shall,
inter alia, “offer its cooperation to States requesting legaltechnical assistance in the field of intellectual property.”
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Economic Development Program (EDP)
Coverage
WIPO/EDP is a program designed for addressing
developing countries in the following 4 regions:
Africa
Arab
Asia and Pacific
Latin America and Caribbean countries
The aims of the EDP Sector is:
To provide support for effective use of IP as a tool for economic,
social and cultural development.
Africa Region
43 subsaharan countries,
including 33 LDCs
Evolution of Focus Areas
Pre-TRIPS, emphasis was mainly on:
- Establishment of national IP systems
- Human resource development in IP
Assistance after the TRIPS Agreement:
- Implementation of the TRIPS Agreement
- Upgrading/modernizing national IP systems
After late 90s:
- Demystification of IP
- Capitalizing on the assistance rendered in the past
for more economic deliverables
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Current Focus
Reinforcing and mainstreaming the development dimension of
WIPO’s programs and activities
September 2007: Adopted a Development Agenda for WIPO
Established the Committee on Development and Intellectual Property
(CDIP)
Delivery of assistance programs and projects in accordance with the
Recommendations of the Development Agenda
Speedy implementation in progress: 14 special projects with a budget
of CHF16 millions
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Main Types of Assistance
Legal
Technical
Legislative
advice and
assistance
• Institution building
• Human resource
development
• Awareness raising
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Legal Assistance
Upon request, provides legal advice and assistance on
strictly bilateral and confidential basis and they are also
neutral and non-binding
Updating of IP legislation- Compliance with the TRIPS
Promotion of IP Treaties
Advice on substantive standards of protection, IP
administrative manuals, flexibilities, IP policies of universities
and R&D institutions, etc.
How?
- Written advice/comments
- Draft laws (customized to the country’s needs)
- Face-to-face consultations/meetings
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Technical Assistance
Development of national IP policy/Formulation national of
IP strategy
Establishment/Modernization of IP administrations and
institutions
Automation of IP Operations
Skills development
Promotion of innovation and creativity
Management of IP for business development
Special focus on the needs of LDCs
Promotion of sub-regional & regional cooperation in IP
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Developing Capacities
Human Resource Development
One major priority of WIPO is to form a reservoir of human
resource specialized and dedicated to IP in the region.
Education and awareness of IP
This is done by the WIPO Worldwide Academy, created in
1998.
The WWA program comprises :
professionals training
forum of policy and decision makers
distance learning courses, and
a summer course for the youth
One of the current challenges of the WWA is the
introduction of IP teaching in African universities
Developing Capacities
Traditional Knowledge, Genetic resources
and Folklore
Another major preoccupation of WIPO is
protection of genetic resources, biotechnology,
traditional knowledge and expressions of
folklore.
WIPO has established an Intergovernmental
Committee (IGC) whose mandate has just been
extended.
Principles, Modalities and Target Groups
Approach/guiding principles: country-specific, needs- and
demand-driven, result-oriented, integrated, cost-effective, neutrality,
development-oriented, coordination and partnerships at various
levels
Tools of delivery:
special country/regional projects,
focused/interactive workshops/seminars, training programs,
fellowships, expert/advisory missions, studies, provision of equipment
and materials, automation tools, etc.
Target groups: IP administrators, policy makers, enforcement
officials as well as user community such as inventors, creators,
SMEs, Academia and R&D institutions, etc.
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Overall Objective
Support countries to develop and enhance
sustainable IP capacities, knowledge base, and
institutional infrastructure, enabling them to use
IP as a strategic tool for economic, social and
cultural development
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Partner organizations (not exhaustive)
African Union (AU)
World Trade Organization
(WTO)
+
African Regional Centre
Technology (ARCT)
Economic Commission for Africa
European Patent
Office européen
(EPO)
and IP offices of developed countries
Challenges and Opportunities
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Meeting the Challenges
Stronger and more comprehensive needs assessment
From NFAPs to national IP plans, a road map
Time-bound, result-based , better coordination
Regular monitoring and assessment of progress in relation to
objectives and result areas
Develop synergies, explore use/strengthen partnerships with
other members of the IP community as a means of tapping
sources of expertise or financing, e.g. bilaterals with China,
ROK, Singapore, as well as public-private partnerships
Continued use of regional and intra-regional fora as platforms
for countries to learn from each other
Continued promotion of regional and sub-regional cooperation
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A Dynamic and Development Oriented Program
for the Future
Committed to providing holistic, comprehensive and
coordinated assistance to member states
Adapt to the changing national and global IP environment
Respond to new development expectations, policy goals and
strategic needs of countries
Focus on developing capacity and utilizing it for realizing
tangible development benefits
Capitalize on technical and legal assistance rendered so far
Development synergies with other providers of technical
assistance on IP
Focus on developing capacity for realizing tangible
development benefits
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Why IP Assets Matter?
Economies based on land,
physical assets
Trade in goods
Cheap labor
Nationally based trade
Pre-Internet economy
Old Economy
• Knowledge Based
Economies
• IP Licensing
• Productive Human
Capital
• Regional/Global
Markets
• Internet
New Economy
IP Assets Can...
Why IP Assets Matter
Increase GDP
Enhance exports of high value
Attract mutually beneficial FDI
Stimulate local education and R&D
Reduce brain drain by providing incentives
Help address human needs
Develop national brand and cultural identity
Conclusions
Continuous effort to be more effective and efficient in the
delivery of technical assistance and capacity building
programs
WIPO at the service of its Member States
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Thank you for your kind attention !
With the courtesy of my colleague from ASPAC
Bureau
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