1. ANTHONY K. NYAME-BAAFI DIRECTOR MULTILATERAL, REGIONAL &BILATERAL TRADE MINISTRY OF TRADE AND INDUSTRY TELEPHONE: 00233505298697 E-MAIL: nyame_baafi@hotmail.com THE ROLE OF THE TRADE MINISTRY IN COLLABORAING WITH CULTURE STAKEHOLDERS TO MAINSTREAM KEY RECOMMENDATIONS INTO GOVERNMENT TRADE POLICY

2. OUTLINE OF PRESENTATION Introduction The creative goods The creative services Intellectual Property Rights International Regimes and Instruments affecting the creative industries The Trade Policy Context The West Africa-EU EPA Challenges Follow-ups on Recommendations Conclusion 2

3. INTRODUCTION 3 The creative industries have emerged as key growth sector in most economies through its contribution to GDP, exports and employment as well as its impact on destination and intellectual property branding. New opportunities for expansion and diversification in various economies, including the digitization of cultural content.

4. CREATIVE GOODS 4 Creative goods accounts for close to 80 % of total world trade in creative content. Developed economies are the main traders of creative goods and their share of exports expanded quickly from $56 billion in 1996 to $136 billion in 2005. Developing countries creative goods exports also expanded quickly from $50 billion in 1996 to $250 billion in 2013. However, most developing countries are net importers except for China, Hong Kong, India and Brazil. Mexico, Singapore and the Republic of Korea are the next best performers but they have minor deficits.

5. CREATIVE SERVICES 5 They are 4 Modes of Services internationally Mode I - cross-border supply which refers to services that is transmitted via some form of telecommunications, for example, sound engineering (a soundtrack) or architectural services (e.g. blueprints) that are sent to a client via email. Mode II - Consumption abroad is where consumers from one country travel to use services in another country. This involves tourism related activities such as cultural, heritage and festival tourism

6. CREATIVE SERVICES CONTD 6 Mode III - Firms establishing commercial presence in another country to provide a service, for example, setting up a radio station or a booking agency. This is another area where developing countries have weak capabilities in spite of the importance of the diasporic markets. Mode IV - the movement of natural persons, for example, a visual artist or a music band on tour. This is the area where a large share of the services exports for the developing countries creative sector.

7. INTELLECTUAL PROPERTY RIGHTS 7 Intellectual property is a key growth area in the global economy and one of the core features of the creative sector. Copyright and related rights are the main forms of intellectual property through which the creative goods and services are protected and commercialized. Royalties earnings and licensing fees are a key source of income for rights-owners such as authors, composers and producers.

8. INTELLECTUAL PROPERTY RIGHTS CONTD 8 The Ministry of Trade and Industry (MOTI) is reviewing 7 Intellectual Property Rights (IPRs) to promote innovations, particularly in the Creative Arts Industry 5 out of 7 IPRs have recently been reviewed – Patent Act, 2003 (Act 657); Trademarks Act, 2004 (Act 664); Trademarks Amended Act, 2014 (Act 876); Industrial Design Act, 2003 (Act 660); and Geographical Indications Act, 2003 ( Act 659)

9. INTELLECTUAL PROPERTY CONTD 9 Plant Breeders Bill is at third reading by Parliament MOTI is currently coordinating the review of 2 IPRs for the amended laws to conform to WTO regulations and also provide technical guidance for the development of Folklore and Traditional Knowledge The Laws are Layout-Designs (Topographies) of Integrated Circuits Act, 2004 (Act 667) and Protection Against Unfair Competition Act, 2000 (Act 589)

10. INTERNATIONAL REGIMES AND INSTRUMENTS 10 Cultural and entertainment goods, services and intellectual property are captured in 6 range of international regimes and instruments in the multilateral and regional trading system. These are – WTO GATS, WTO GATT, WTO TRIPS, E- Commerce, 2005 UNESCO Convention, and other regional Agreements such as the EPA Apart from the 2005 UNESCO Convention, MOTI actively participates in the other international regimes and instruments activities to protect the interest of Ghana

11. THE TRADE POLICY CONTEXT CONTD 11 1. WTO GATS — covers a range of services that relate to the cultural sector: news agency services, motion picture industry, theatrical services, libraries, archives, museums, etc. 2. WTO GATT — covers market access in relation to goods. 3. WTO TRIPS — covers copyright, geographical indications, trademarks, traditional knowledge, etc. 4. E-commerce — given that so many areas are increasingly linked to the digital arena.

12. THE TRADE POLICY CONTEXT CONTD 12 5. The 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions—the most recent instrument to be created to foster understanding of the policies that can effectively promote cultural diversity while dealing with the challenges associated with trade in cultural goods and services. 6. The emergence of regional trade agreements such as the Economic Partnership Agreements between the EU and the ACP and bilateral agreements with the US.

13. WEST AFRICA-EU ECONOMIC PARTNERSHIP AGREEMENT 13 Covers goods and development-cooperation Rendezvous clauses for services and rules chapters Apart from Nigeria, Gambia and Mauritania, others 13 West Africa countries signed the EPA in December 2014

14. THE WA-EU EPA AND SERVICES TRADE NEGOTIATIONS 14 Ghana will support other West African countries to ensure that the services sector in the EPA provides market access for firms and professionals in terms of cross border trade, investment, consumption abroad and temporary movement of persons in business services, communications, construction, distribution, environmental, financial, transport, tourism and cultural and entertainment services. The cultural sector would be addressed in the EPA through two approaches: (a) A trade liberalization construct where market access for entertainment services would be granted by both parties; and (b) Through the Protocol on cultural cooperation which would be premised on the UNESCO Convention.

15. CHALLENGES IN THE CREATIVE INDUSTRY SECTOR 15 The creative industry sector does not get the level of support it duly requires. The key stakeholders are loosely organized and its economic value remains largely undocumented. There is lack of access to finance, credit and business support services for emerging and export-ready firms and artists. Comprehensive assessment of the economic impact of the cultural industries and establish benchmarks, targets and policy measure to promote employment generation, enterprise development, industrial upgrading and export expansion in Ghana is yet to be conducted.

16. FOLLOW-UPS ON RECOMMENDATIONS The MOTI and Ministry of Tourism, Culture and Creative Arts (MOTCCA) are facilitating improvement in government-industry relations through the harmonization of government policy on trade, industrial and intellectual property policies. Proactive policies aimed at promoting cultural diversity and investment in the cultural sector would be preserved in bilateral and multilateral negotiations (e.g. WTO) and in inter-regional arrangements (e.g. Economic Partnership Agreements). MOTCCA is promoting the development of cultural industry associations to represent the interest of the sector and also to develop a code of ethics and standards for remuneration rates and work practice (e.g. in the hotel, hospitality and advertising sectors). 16

17. FOLLOW-UPS ON RECOMMENDATIONS 17 MOTI and EDAIF at times finance some creative industry firms for participation in trade fairs and other fora. The IPRs being reviewed by MOTI will ensure that copyright protection and collective administration form a vital component of the policy agenda including an anti- piracy enforcement and a public awareness campaign. National rights management centres would be established for multiple areas of the creative industries (e.g. music and book publishing).

18. FOLLOW-UPS ON RECOMMENDATIONS CONTD 18 MOTCCA is expanding the linkages between the creative industries, the tourism sector and the wider economy, for example, through festivals. It is also encouraging new marketing strategies targeted at the diasporic and intra- regional markets as well as cultural tourists. MOTI has developed Internet-readiness for marketing and distribution of Made-In-Ghana products, including cultural goods, services and events.

19. FOLLOW-UPS ON RECOMMENDATIONS CONTD 19 MOTCCA collaborates with some agencies to upgrade the human resource capabilities of the cultural sector through training in the arts as well as training in arts administration, management and cultural entrepreneurship.

20. CONCLUSION 20 The culture and creative arts sector still has huge potential for economic growth, employment creation, poverty reduction and deepening of regional integration. The Ministry will continue to collaborate with MOTCCA, other Ministries, Departments, Agencies and the private sector to develop the culture and creative sector for accelerated growth and development.

21. 21 THANK YOU