ARIPOs Initiative on Traditional knowledge and Access and Benefit Sharing. By F.K MPANJU Patent Examiner (ARIPO) Cape Town 19 th –24 th Nov

TOPIC CONTENTS ARIPO Background ARIPO Initiatives on TK. Achievements Challenges Way forward Global debate on ABS ARIPO initiatives on ABS. Possible areas of collaboration Conclusion

ARIPO- background Established on 9 th December 1976 Objectives: -protection of IP (Harare and Banjul Protocol) -harmonization of IP laws within MS, -promotion of IP and dissemination of information among others. Members –16 countries : -BW,GM,GH,KE,LS,MW,MZ,NA,SD,TZ,UG,ZM,ZW,SO,SL,SZ Organs of ARIPO: -Council of ministers, Adm. Council, - Secretariat Finance and staff affairs committees - Board of appeal Financing - -annual contribution and fee from protocol.s Substantive activities : -Grant Patents, utility models, design, capacity building on IP

ARIPOs initiatives on TK, Genetic resources and Folklore 2000-ARIPOs proposal on initiatives on protection of Indigen. Knowl.-Mandate given by Council of Ministers. Activities undertaken: Participate in IGC process Review of OAU model law Assisted WHO dev IP guidelines on clinical studies in some African countries

ARIPOs Initiative cont. Participated -OAU Plan of Action for implementing the declaration of the decade 2001 to 2010 as a decade for traditional Medicine by OAU Head of State at the 41th Summit Lusaka Zambia Organized National and Regional awareness and sensitization workshops on protection of TK

ARIPOS initiative cont Proposal to extend our mandate to include GR and Folklore to enable ARIPO deal with issues in a coherent and concerted manner- Mandate was given by council of Ministers. Continued participating in National and International fora Visited China and India to familiarize with development of TK databases.

What has been achieved Development of a concept paper on legal and policy options for for protection of TK.Prepared a draft framework on protection of TK: -Harmonized with OAPI (2 revisions) -Draft Regional Legal Instrument of TK and Expression of Folklore -Launch to the Adm council to adopt as Protocol on TK and E of F -Develop a National legislation on protection of TK and F Establishment of TK database: - Study visit to China and India -Developed a prototype: -Codified TK (public domain TK- published)-prior art -Uncodified TK (undisclosed TK) for positive use for exploitation and protect disappearance of the knowledge : -need security and translation.-later stage

What has been achieved cont. A number of sensitization and awareness campaigns have been organized by ARIPO for member states and potential member states.

Challenges Lack of funds Disclosure of information from Traditional Healers. Distinction between individual and community ownership. What to protect. Documentation

Way forward Funds are being solicited from EPO,World Bank for completion of TKDL. A draft Regional Legal Instrument of TK and Expression of Folklore that will be adopted in Maputo will be submitted to AU for possible developed into a common African Instrument on protection of TK and expression of Folklore.

Biodiversity and ABS Article 15 of CBD(Access and benefit sharing) - Issues of (intellectual Property) -Contractual Agreements -Genetic resources and TK -Undisclosed information (Art 39 of TRIPS) Development of Regulatory Mechanism on ABS: -Bonn Guidelines- Certificate of origin -WIPO Guide book on intellectual property-Disclosure requirements in Patent Applications.e.g disclosure of origin-big debate -AU model law

ARIPO initiative on ABS ARIPO inaugurated its training center. ARIPO-a center of excellence on ABS - Training modules – WIPO world wide Academy-to train TK holders,policy makers and parliamentarians etc. Regulations-Assisting Member States –to design appropriate regulatory mechanism in ABS issues. Developing a manual on contractual and licensing Agreements. Develop a practical guide book – on how to protect indigenous knowledge rights of Tradition medicine practitioners.

ARIPO Training Center

Possible Areas of collaboration Some issues of ABS are very difficult to understand since they involve IPRs, for that matter ARIPO would like to collaborate with you on: Training and awareness promotion Establishment of institutional structures and mechanism for the development of genetic resources and TK- R&D support Standardization Documentation (TKDL) Foster institutional linkages. Partnerships and networking.

Conclusion Lets work together-Thanks