International Trade and Economic Development Division

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Presentation transcript:

International Trade and Economic Development Division Intellectual Property (IP) Consultative Framework - Consultative Instrument 11 October 2016 International Trade and Economic Development Division the dti

Outline Background Objectives Immediate Issues In-Built Agenda Substantive Search and Examination

Background 2008 Cabinet mandate 2013 Draft National IP Policy 2015 revision New approach: 3 pillars Consultative instrument to facilitate

Objectives Engender the ethos of the Constitution. Align the country’s IP regime to its National Development Plan and industrial policy. Develop a co-ordinated intergovernmental approach to IP.

Objectives Strike a balance between the creators and users of IP. Stimulate innovation. Facilitate the development of key industries while striking a balance with the public interest.

Objectives Contribute to the attraction of foreign direct investment and technology transfer. Adopt a coordinated approach to IP in sub-regional, regional and international forums. Promote public health.

Strategy IP Policy eagerly awaited. Need to balance need for action with further research. Also need to align with initiatives underway. Divide issues into immediate term and in-built agenda.

Immediate issues Immediate domestic reform Local manufacture Substantive Search and Examination (SSE) Patent opposition Patentability criteria Disclosure requirements Parallel importation

Immediate issues Immediate domestic reform Exceptions Voluntary licenses Compulsory licenses IP & Competition law BRICS perspective

Immediate issues International Commitments: Engagement at international fora Treaties GI Protocol to the Economic Partnership Agreement (EPA) Inter Ministerial Committee (IMC) is key!

In-built Agenda Medium term i.t.o. WIPO Methodologies: Intellectual Property Rights (IPRs) in Agriculture IPRs and Biotechnology/ Genetic Resources IPRs and the Environment/ Climate Change/ Green Technologies IPRs and the informal sector Commercialization of IP

In-built Agenda Medium term i.t.o. WIPO Methodologies: Branding SA goods and services (Collective Marks, Certification Marks, Geographical Indications) IPRs and the Government Policymaking in the International Arena IPR Awareness & Capacity Building Enforcement

In-built Agenda Monitoring and Evaluation: Copyright and related issues, including: IP & creative industries, access to knowledge – libraries and archives/ disabled persons/ copyright exceptions and limitations/ digital technologies, IPRs in the digital age Traditional knowledge (TK)/ indigenous knowledge.

Continuous Consultations Trade Associations Civil society Embassies NEDLAC Inter-Governmental Organizations – World Trade Organization, World Intellectual Property Organization, United Nations Conference on Trade and Development, United Nations Development Programme 26-30 September Workshops

Way Forward Framework published on the dti website July 2016. Submit comments to ipframework@thedti.gov.za by 14/10/2016 Continuous engagement including roundtables and workshops. Policy addressing immediate issues and framework for in-built agenda by 03/17.

Thank you for your attention!