Designing A Dynamic Intellectual Property System- Challenges and Experiences in Africa International Conference on Intellectual Property and Development, April 08, 2016, Geneva, Switzerland By Getachew Mengistie, IP Consultant & Attorney, Addis Ababa, Ethiopia

Introduction Intellectual Property System (IPS) consists of IP policies, laws and institutions A well designed, effective and dynamic IP system helps in meeting development objectives and fostering socio-economic progress Highlight significance of designing a dynamic and effective IPS, challenges and encouraging developments in Africa Demonstrate significance of designing a dynamic IP system taking the Ethiopian IP system and success stories as examples Identify lessons to be learned

Significance of designing a dynamic IPS Create a conducive environment for unleashing creative and innovative potential & facilitating transfer of technology and exploitation of foreign IP assets Ensure effective use of IP as a tool for development and enhance its contribution in the realization of national development goals and meeting needs Maximize benefits from resources that a country has competitive and comparative advantage

Significance of designing a dynamic IPS Facilitate linkage and coordination amongst relevant public and private bodies/sectors Establish effective linkage with international IP system and exploit opportunities Provision of services to support the development, protection, use and commercial exploitation of IP assets Review, monitor and assess impact of IPS on a regular basis and take corrective measures etc.,

Major challenges in designing a dynamic IP system in Africa Inadequate policy & legislation analysis, research and formulation capacity in tailoring IP policies and laws as well as setting up institutions based on concrete needs and specific situation of a country Inadequate participation and capacity in influencing international rule and policy decision making, following up new developments and exploiting flexibilities and opportunities

Major challenges in designing a dynamic IP system in Africa Inadequately staffed, poorly equipped and inappropriately organized IP offices with limited focus and mandate inadequate linkage or coordination between IP offices, government bodies that negotiate agreements involving IP issues, and different government institutions dealing with IP matters Lack of/Inadequate review mechanisms to ensure dynamism, monitor and evaluate impact of IPS

Encouraging developments in Africa IP Audits and Needs assessment carried out and IPDP developed National IP policies and strategies formulated or are in the process of being formulated IP laws revised and new laws developed Institutions setup and institutional capacity developed Increase use of IPS by Africans There are success stories that defeat the erroneous perception of IP is not in the interest of Africa Can be demonstrated taking the Ethiopian IP system and success stories as example

Ethiopian IP System IP is relatively a recent phenomenon In Ethiopia Role of IP not recognized for long until the enactment of the 1994 Constitution of the Federal Republic of Ethiopia Concerted effort made to design an effective and dynamic IP system that will ensure meaningful use of IP as a tool for development  IP laws were drafted in a way that will reflect the specific situation of the country, meet its needs taking into account international best practices and the requirements of relevant international IP agreements  EIPO was established as a development and service oriented IP office

Ethiopian IP System The system has registered remarkable achievements  Majority of beneficiaries of the IP system such as industrial designs and utility models are Ethiopians. During the period between 2008 and 2012, 96.9 % and 92.7% of the industrial design and utility model applications respectively were made by and 82.2 and 86.1 % of the titles were granted to Ethiopians  There are success stories of the system in stimulating innovative activities aiming at solving technological problems and contributing to socio-economic development of which three will be used as examples

DAN Lift Company Inception of the idea and development of lift technology  Problem observed while attending an IP workshop  Decided to acquire maintenance capacity and manufacture lifts locally Collected literature on lift technology Visited companies involved in lift technology in America, Europe and Asia Use of foreign experts & training of staff Imported machinery and equipment and set up working relationship with foreign companies Currently involved in the installation, maintenance, overhauling and rehabilitation of lifts

DAN Lift Company Use of IP system  IP conscious company- user and promoter of the IP System in Ethiopia  Use of trademark and trade name in protecting the brand “ DAN lift”  Use of trade secret and non disclosure agreements  Use of copyright in protecting designs, manuals, specifications etc;  IP protection helped to protect reputation and good will, strengthen competiveness and enhancing revenue; deal with infringement of IPR

DAN Lift Company Socio-economic benefits  Provided employment opportunity to 450 Ethiopians  Reducing cost of procurement, installation and maintenance of lift Product is put in the market by half of the price of the imported product- $50,000 Vs $ 100, 000 Free after sales service for two years Maintenance service within 24 hours from the time of reporting

DAN Lift Company Socio-economic benefits contd.  Technology and knowledge transfer- Ethiopians with skill and knowledge of lift technology  Meeting 80% of the local demand and saving foreign exchange  Exporting and generating foreign exchange

YASCAI PlC Inception of the idea and development of technology  Industrial application of starch and and starch products  Ethiopia was spending about 4 million US dollars annually to import starch and starch related products for local industries use  Inventor, who was a chemist, decided to develop a product that will substitute imported products

YASCAI PlC Use of IP System  Studied and used patent documents available in Ethiopian Intellectual Property Office to extract starch from local plant material  Research result protected by Utility Model (UM) certificate and product is manufactured locally  UM protection helped to prevent misappropriation of invention by x- employee

YASCAI PlC Socio-economic benefits  Meeting 60% of the domestic demand and saving foreign exchange  Providing employment opportunity to 150 permanent workers & a number of on farm laborers  Having forward and backward linkage effect benefiting local industries and farmers

ECO Yehulunesh Inception of the idea and development of technology Observed changes on the environment as a result of deforestation while flying as a pilot  Identified use of biomass such as wood to meet energy needs as the source of the problem  Undertook research for 7 years  Developed a multipurpose pressurized kerosene stove called ECO- YEHULUNESH

ECO Yehulunesh Use of IP System  Protected the invention and secured utility model certificate  IP protection helped to build confidence of clients that ordered manufacturing and supply of stoves in bulk  Awarded WIPO Trophy for innovative enterprises in 2004

ECO Yehulunesh Technological and Socio-economic benefits  Saves energy and cost - laboratory tests confirmed that the invention helps to save 80% of fuel energy & cost  Minimum smoke emission compared to the traditional open air stove and the imported kerosene stove thereby reducing health hazards

ECO Yehulunesh Technological and Socio-economic benefits  Provide employment opportunity to 100 Ethiopians  Enabled to save foreign exchange by substituting the imported kerosene stove  Contributed to saving energy and reduce cost

Lessons learned IPS can meaningfully contribute to technological progress and socio-economic development in Africa Need to tailor the IPS to meet specific needs and promote its use Need to undertake a review on a periodic basis and make changes taking into account new needs and developments in and outside of a country; study on the impact and contribution of the system

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