WIPO-ARIPO Sub-Regional Training of Trainers Program on Effective Intellectual Property Asset Management by Small and Medium Sized Enterprises (SMEs) Benefits and Challenges of Using Intellectual Property in ARIPO Member States, Harare, Zimbabwe, November 26 to 28, 2014 C.J.Kiige, Director, Industrial Property 1

Outline About ARIPO; Advantages of SMEs and Member States in using IP; Challenges facing the ARIPO Office, Member States & SMEs in Using IP; 2

MEMBERSHIP 3

POTENTIAL MEMBER STATES 4

ARIPO Regional Strategy & Policy Harmonization IP Integration Industrial & Economic Development Capacity Building IP- Exploitation &Protection

ARIPO Mandates Patents and Utility Models Industrial Designs Trademarks Copyright Access and Benefit Sharing Geographical Indications TK and folklore Plant Variety Protection Harare Protocol Banjul Protocol Swakopmund Protocol Council Min (2002 ) Draft Regional Framework Regional Framework National Frameworks Draft Regional Framework 6

ARIPO Capacity Building Activities ARIPO Academy: – It takes care of most of the IP Training in the Region; – It addresses IP Issues which relate to the Region; – Accessible due to the fact that it is in Africa (Harare) & most participants don't need visas; Masters Degree Programme (MIP): – 7 th Cohort is here! – Over 200 MIP Graduates to date.

ARIPO Outreach Activities National IP Offices- -Roving Seminars, -Technical Missions National IP Offices- -Roving Seminars, -Technical Missions Public Sector & Policy-Makers (Forums) General Public, RDs, Schools, Private Sector & Civil Society (Fairs, Workshops, IP Units, etc. Building awareness

ARIPO Recognition of SMEs 90% of enterprises of any economy are SMEs; Few SMEs (high tech and start up) are technology developers; Some are technology users (patent info & Reverse Engineering)) Most are technology followers (TM, GI, Design, etc.) – IP system is relevant to all SMEs & their competitiveness.

Obstacles Facing SMEs in using IP Limited awareness; High costs (filing, translation, drafting, maintain) “Complexity” of the IP system; Limited Expertise to make use of the IP system particularly in Reverse Engineering; Delays in obtaining IP rights; Average Success rate in getting IP rights (patents) is low; Inability to monitor and enforce IP rights, etc.

Where can SMEs go for Support SMEs focal points in National governments; Government Ministries; Chambers of commerce; Intellectual Property Offices; Banking and financing institutions; Science and technology universities, Government funded R&D centers Science and technology parks, incubators; ; Small business consulting firms, Associations of inventors, patent and/or trademark agents; Law firms, etc.;

How Can Support Institutions Assist SMEs Awareness Creation and Capacity Building; Technological Information Services; Financial Assistance; Customized advisory services; Assistance on IP exploitation and commercialization; Diagnosis of IP needs of enterprises, etc.

How can SMEs Use IP at all Stages IP adds value at every stage of the value chain from creative/innovative idea to putting a new, better, and cheaper, product/service on the market : Literary / artistic creation Invention Financing Product Design Commercialization Marketing Licensing Export Patents / Utility Models/Trade secrets Copyright/Related Rights Patents / Utility models Industrial Designs/ Trademarks/GIs Trademarks/ GIs Ind. Designs/Patents/Copyright All IP Rights

Advantages to SMEs in Using IP Preventing Competitors from Copying or closely Imitating a Company’s Products or Services; Avoiding wasteful Investment in Research & Development (R&D) and Marketing; Creating a corporate Image through Trademarks, Branding, etc; Negotiating Licensing or Franchising Agreements; Increasing the Market value of Companies; Acquiring venture capital, etc.

Advantages Using IP for SMEs (Continued) Diffusion of Knowledge & IP culture in the populations; Access to IP Information- Reverse Engineering; Attraction of Direct Foreign Investment; Increase of Market value of Products; Access to Venture Capital; Industrialization and Technical Development Social and Economic Development, etc. 15

How ARIPO Encourages the Use of IP by SMEs Facilitating National & Regional Protection & Exploitation of IP Uniformly; Creating an IP Culture & Integrating it in National & Regional Economic Development Policies; Capacity Building in IP; Facilitating & Encouraging IP Awareness Programs; Dissemination of Information Related to IP; Encouraging IP Rights Protection and Enforcement; Helping in the Procurement of IPR licenses & Assignments; Support in the Procurement of capital using IP as collateral; Support in Promotion of Lecturers with IP titles, etc.

ARIPO Solutions Challenges to ARIPO & Member States Limited Resources; Limited Infrastructure; Lack of National IP Strategies & Appropriate national IP Legal Framework; Limited resources for capacity building in IP; Limited Internet connectivity: Therefore,limited Access to Patent Information, etc. Micro Benefits to Member States Increase GDP and competitiveness; Enhance exports of high value; Stimulate R&D; Reduce brain drain by providing incentives; Help address national human needs;(health, food, Education, etc.) Develop national brand and cultural identity; Attract FDI and local investment; Job creation, etc.

Main Challenges to ARIPO Limited Awareness of IP in the Member States; Limited Capacity & Resources for ARIPO & National Offices; Limited Knowledge & Information Relating to IP in the Region; Limited Infrastructure e.g. Communication, in the Region; Limited Political Will; Perceptions that IP is too cumbersome and is therefore for the Rich, Developed Countries, etc.

Challenges to Member States Limited diffusion of Education in Societies and lack of IP Awareness; – No IP curricula at all levels of Education; Infrastructural: – Limited Funding on all issues relating to IP – Communication; – Lack Personnel well versed in IP matters; 19

Challenges to Member States (Continued) Legal Framework; – Limited Political Will & Awareness by Policy makers; – Limited Implementation of appropriate national IP Laws; – Lack of Appropriate IP Policies and Strategies; – Limited Domestication of Regional and International IP Treaties; – Lack of IP knowledge by the Judiciary, Policy Makers & Enforcement Agents; – Limited Enforcement of IP rights in some countries; 20

Example: MS IP Legal Framework Post-TRIPs COUNTRY INDUSTRIAL PROPERTY COPYRIGHTY PATENTSIND. DESIGNS TRADEMARKS YEAR OF ENACTMENT OF THE LAW BOTSWANA GAMBIA 1989 (2007) 2004 GHANA KENYA LESOTHO 1989 (2007) 1989 * LIBERIA MALAWI 1986 * 1985 * 1967 * 1989 (2001) MOZAMBIQUE NAMIBIA 1917 * 1974 * 1994 RWANDA 2009 SAO TOME & PRINCIPE * SIERRA LEONE SUDAN 1971 * 1974 * 1969 * 1996 SWAZILAND * 1912 * UGANDA 1993 (2002) TANZANIA * 1999 ZAMBIA 1965 * 1994 ZIMBABWE Generally, the National Laws are new, modern and post-TRIPs Exceptions are marked * The Problem: limited Implementation

Domestication of International IP Instruments by ARIPO MS 16 Member States domesticated Harare Protocol 5 out of the 9 Members of Banjul Protocol domesticated it 14 Member States of ARIPO domesticated the PCT 6 Member States domesticated the Madrid System 22 COUNTRY ARIPO Protocol WIPO Instruments HarareBanjul PCTMadrid BOTSWANA    GAMBIA  N/A  GHANA  N/A  × KENYA  N/A   LESOTHO    LIBERIA   × MALAWI  × × N/A MOZAMBIQUE  N/A   NAMIBIA    RWANDA  N/A   SAO TOME & PRINCIPE ×N/A × × SIERRA LEONE  N/A  SUDAN ×N/A × × SWAZILAND  ×  × UGANDA  ×  N/A TANZANIA  ×  N/A ZAMBIA xN/A × × ZIMBABWE   N/A

Other Issues Most African Countries are members of WTO & are bound by the TRIPs Agreement; Effects of TRIPs on issues like health; Interest in patent law and its effects on HIV/AIDS drugs; Not Using TRIPS Flexibilities Not Using TRIPS Flexibilities!

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