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WIPO Global Symposium of Intellectual Property Authorities - Developing Global Intellectual Property Infrastructure for Promoting Innovation and Branding.

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Presentation on theme: "WIPO Global Symposium of Intellectual Property Authorities - Developing Global Intellectual Property Infrastructure for Promoting Innovation and Branding."— Presentation transcript:

1 WIPO Global Symposium of Intellectual Property Authorities - Developing Global Intellectual Property Infrastructure for Promoting Innovation and Branding Worldwide Geneva, Switzerland September 17 & 18, 2009 Theme 6 : IP Infrastructure for Better Management of IP Assets: Particularly focusing on International Collaboration and Partnerships between IP Offices and various Stakeholders) Public and Private Partnerships, Universities and Industry Collaboration, and International, Sub-regional and Regional Collaboration ( Particularly focusing on International Collaboration and Partnerships between IP Offices and various Stakeholders) By Mr. Gift Sibanda Director General, ARIPO Director General, ARIPO

2 Presentation overview ARIPO Background;& its Major Activities and Objectives; ARIPO Background;& its Major Activities and Objectives; Functions of ARIPO as a Regional Patent Office; Functions of ARIPO as a Regional Patent Office; ARIPO collaboration & Partnerships with private industry, Research Institutions & Universities; ARIPO collaboration & Partnerships with private industry, Research Institutions & Universities; ARIPO Collaboration & Partnerships with International, Regional, National stakeholders & IP offices ARIPO Collaboration & Partnerships with International, Regional, National stakeholders & IP offices Challenges; Challenges; The way forward The way forward

3 Member States of ARIPO Member States of ARIPO Botswana Kenya Mozambique Somalia The Gambia Lesotho Sierra Leone Swaziland Tanzania Ghana Zimbabwe Malawi Zambia Uganda Sudan Namibia West Africa Central & Southern Africa East Africa

4 STAFF AFFAIRS COMMITTE

5 ACHIEVING DEVELOPMENT THROUGH A REGIONAL APPROACH THROUGH ARIPO Harmonization IP Integration Industrial & Economic Development Capacity Building Promotion, Protection & Promotion, Protection & Exploitation of IP Exploitation of IP

6 ACHIEVING DEVELOPMENT THROUGH A REGIONAL & GLOBAL APPROACH Main Areas of Action Standards, Norms setting and Training United Industrial,Economic & IP Policy Strategy United Developmental Strategy Information & Data Exchange System

7 Development through Cooperation & Partnerships with Development through Cooperation & Partnerships with other IP Offices, Organizations & stakeholders ARIPO EAC SADC Member States States COMESA WIPO OAPIWTO Potential Member States Other IP Offices ECOWAS AU Private Industry Schools,Universities & research Institutions research Institutions AU

8 ARIPO Further Mandates and objectives Promotion of IP systems and IP rights protection through cooperation among member states and in collaboration with other Offices & organizations – Promoting balanced & Harmonised IP system and realizing its development potential in the Region – Strengthening IP infrastructure, institutional and human resources in the Region – Delivery of quality services in the ARIPO regional IP protection system – Greater efficiency of mangement and support processes in the Filing, protection & use of IP for social & economic development;etc.

9 The Harare Protocol Empowers ARIPO to grant Patents and register Utility Models and Industrial Designs on behalf of member states.Empowers ARIPO to grant Patents and register Utility Models and Industrial Designs on behalf of member states. All member states of ARIPO (except Somalia) are party to The Harare Protocol, The Paris Convention and to The Patent Cooperation Treaty (PCT).All member states of ARIPO (except Somalia) are party to The Harare Protocol, The Paris Convention and to The Patent Cooperation Treaty (PCT).

10 ARIPO Collaboration and Partnerships in the Harare Protocol Regional Framework ARIPO closely collaborates with its Member States in the processing of all applications & in the drafting of National patent laws & IP Strategies; ARIPO participates in international debates like the Standing Committee on the Law of patents; Committee on Development & Intellectual Property (CDIP), etc.; IP Offices & Organizations like, WIPO, the EPO, IMPI Mexico search & examination procedures, awareness activities & Capacity Building; The Office Collaborates with other IP Offices & Organizations like, WIPO, the EPO, IMPI Mexico, etc. in the processing of Patent applications particularly in the search & examination procedures, awareness activities & Capacity Building; ARIPO is a Receiving Office & can be elected in the PCT Framework with close support & Collaboration of the International Bureau; The Office also supports & Encourages small inventors & SMEs in the provision of advice in matters relating to Patents & IP in general

11 Limited Number of Patent applications lodged With the support of Cooperating Partners & Member states: – More local & Foreign Awareness Activities must be undertaken; – The protocol should be revised to make it more competitive; – Malawi & Zambia should domesticate the protocol into their national laws; – Filing & Granting Procedures should be simplified further & automated

12 The Banjul Protocol on Marks The Banjul Protocol on Marks Signed on November 24, 1993 in Banjul, the Gambia; Signed on November 24, 1993 in Banjul, the Gambia; Came into force on March 6, 1997; Came into force on March 6, 1997; The following member States are party to the Banjul protocol: Botswana, Lesotho, Malawi, Namibia, Swaziland,Tanzania, Uganda & Zimbabwe; The following member States are party to the Banjul protocol: Botswana, Lesotho, Malawi, Namibia, Swaziland,Tanzania, Uganda & Zimbabwe; One filing at ARIPO to get protection in all designated states; One filing at ARIPO to get protection in all designated states; Centralized procedures like renewals, filing, etc.; Centralized procedures like renewals, filing, etc.; ARIPO undertakes the formality Examination; ARIPO undertakes the formality Examination; The Designated States undertake the substantive examination; The Designated States undertake the substantive examination; A Designated state can refuse the registration of a trademark in its territory; A Designated state can refuse the registration of a trademark in its territory;

13 ARIPO Collaboration and Partnerships in the Banjul Protocol Regional Framework ARIPO closely collaborates with its Member States party to the Banjul protocol who examine the marks; ARIPO participates in international debates like the Standing Committee on the Law of Trademarks, industrial designs & Geographical indications etc.; The Office collaborates with WIPO & INTA in awareness, training and in activities relating to the Improvement of the Banjul protocol on Marks, e.g.; – WIPO has been holding national & regional seminars relating marks in the region, the latest was held in Accra Ghana in July 2009; – WIPO is about to undertake on the Banjul Protocol to make it more attractive and competitive; – INTA is undertaking a study of the Trade Marks’ national laws of the Member States with a view of improving them & domesticating the Banjul Protocol in the national laws; The Office also supports & Encourages individuals & SMEs in the provision of advice in matters relating to Marks, patents & IP in general;

14 ARIPO Mandate on Traditional Knowledge & Expressions of Folklore The ARIPO Mandate on TK & Expressions of Folklore includes the following: – Adoption of an ARIPO Regional Instrument & Protocol on TK & Expressions Folklore; – Preparation of Administrative Guidelines & Administrative Instructions on TK & Expressions of Folklore; – Collection of data on TK from Member States & beyond; – Establishment of a Training Center on Biodiversity & Access to Benefit sharing; – Development of Training Modules on TK, Genetic Resources,Expressions of Folklore & Biodiversity for capacity building in the region; etc.

15 ARIPO Collaboration and Partnerships in Traditional ARIPO Collaboration and Partnerships in Traditional Knowledge & Expressions of Folklore With the support of WIPO & collaboration of OAPI, ARIPO has adopted a Regional Instrument & Protocol on TK & Expressions Folklore (Available on ;www.aripo.org/ ARIPO participates in international debates on TK like: the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore etc.; ARIPO has encouraged Member states to set up committees on the management of TK in their respective countries; With the support of the Members States, Chinese and Indian patent Offices, & other stake holders,ARIPO has setup a TK database & Developed Training Modules on TK, Genetic Resources,Expressions of Folklore & Biodiversity for capacity building in the region; With the support of the Member States, WIPO & other stake holders, the office will hold a Diplomatic conference early next year (2010) to adopt the protocol on Traditional Knowledge & Expressions of Folklore and its implementing regulations.

16 ARIPO Mandate on Copyright & Related Rights To Facilitate the compatibility of copyright systems of ARIPO Member States with international standards; To access international databases and data distribution networks such as the African Copyright Common Network (ACCN) and AFRINET; To facilitate the development of anti-piracy and anti-counterfeit programmes for Member States; To assist in the development of Collective Management organizations in Africa; To undertake a study of the state and value of Copyright and Related Rights in the member states Ensure cooperation between ARIPO and other copyright related institutions such as CISAC, IFFRO and UNESCO. Develop training modules on Copyright and Related Rights for the Training Centre; To undertake further research and studies on the protection of copyright and related rights; To increase the level of awareness on Copyright & Related Rights; To coordinate the activities of copyright offices and collecting societies ; etc.

17 ARIPO Collaboration and Partnerships on Copyright & related Rights ARIPO member states, WIPO, IFFRO, CISAC, UNESCO & national collecting societies, have helped the office, to fulfill its mandate on copyright & related rights by; – Holding training seminars & workshops on copyright; – Undertaking a study/ audit on the economic value of creative industries and copyright ; – Undertaking awareness drives in member states; – To access international databases and data distribution networks such as the African Copyright Common Network (ACCN) and AFRINET ARIPO participates in International Debates like the Standing Committee on Copyright & Related Rights

18 The ARIPO Library & Documentation Center Created in 1982 Includes A library, an IP Clinic and Free-of charge Broadband Internet service; Open to the Public free of charge;

19 ARIPO Collaboration and Partnerships on search services ARIPO undertakes free of charge search services for individuals, SMEs and Government Institutions; ARIPO Undertakes substantive search & examination of national applications; WIPO al so supports the ARIPO Office with free-of charge search services The following search services are undertaken: – State-of the-art-searches; – Monographs (survey of information in a particular field – Novelty Searches; – Infringement Searches; – Bibliographic Data; – Copies of documents; – Selective Dissemination of Information services (SDI)

20 Search Requests services undertaken

21 The ARIPO Regional Training Centre (ARTC)  The Training Centre was established to fulfill some of the objectives of ARIPO which include ; – To establish common services Organs, for the coordination, harmonization & Development of IP among the Member States; – Training of staff from the National Offices and ARIPO; – To Organize Conferences, seminars & workshops on IP matters;  To facilitate local Training which is cheaper;  To increase the Number IP Experts in the Region, etc.

22 The ARIPO Regional Training Centre It supplements the foreign sourced training; It supplements the foreign sourced training; It takes care of most of the IP Training in the Region; It takes care of most of the IP Training in the Region; Per capita cost of Training is much cheaper than Overseas; Per capita cost of Training is much cheaper than Overseas; It addresses IP Issues which relate to 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; Accessible due to the fact that it is in Africa (Harare) & most participants don't need visas; It is linked to local universities & Research Institutions; It is linked to local universities & Research Institutions; Will be self sustaining in the long run; etc. Will be self sustaining in the long run; etc.

23 ARIPO Collaboration and Partnerships With Regard to the Training Centre With the support the Member States, WIPO, the WIPO Academy & other Patent Offices & organizations: – The ARTC has been well equipped; – Up ten Training Seminars are undertaken per year; – At least 200 people are trained per year. ARIPO is a member of the Global Network on Intellectual Property (IP) Academies created by the Rio Declaration

24 ARIPO-WIPO-AFRICA UNIVERSITY MASTERS DEGREE PROGRAM (MIP) IN INTELLECTUAL PROPERTY Created by an Agreement signed in 2007, among WIPO, The WIPO Academy,Africa University and ARIPO; The Main Objective of MIP is to increase the number of IP Experts in Africa; MIP runs for 12 months combining distance learning & Campus teaching; It mainly caters for students from Africa but some students from out side Africa have been taken; The 2 nd cohort of students commenced on May 4, 2009;

25 The MIP targets mainly the following the following categories of users Intellectual Property Offices and Establishments; Small and Medium-Scale Enterprises; Professional Associations and other Private Companies; Science and Technology Policymakers; Law enforcement agencies; Journalists and Media Practitioners; Universities, Research and Development institutions and Technical Colleges; Judiciary and Parliamentarians; Innovators and Inventors; Private Industry; etc.

26 Intellectual Property Units in Institutions & Universities in the Member States of ARIPO With the support of Cooperating Partners,the ARIPO Office intends to setup IP units in universities & Research Institutions in the member states; With the support INPI-Portugal, an IP unit has been set up in National Chamber of Commerce in Mozambique; The main objectives of IP Units include: – To coordinate all activities relating to IP in the Institution; – To provide search services to users in the institution; – To coordinate & help in filing for IP tiles by the Institution; – To create a link between the institution, the patent office and ARIPO

27 Collaboration with WIPO in ICT WIPO supports the ICT infrastructure in the ARIPO member states & in Africa at large. Some of the ICT projects in Africa to mention but a few include: – Automated support to ARIPO & Its member states through Intellectual Property Automated systems (IPAS); – Digitalization of online Publications the PATENTScope Project; – Automation of the ARIPO Regional Training Centre by providing multimedia & Computing equipment; – Connectivity & data exchange project between ARIPO & Its member states; – Training of ICT personnel; – Technical expertise support ARIPO & its member states, etc.

28 Collaboration with the EPO in ICT The EPO has supported the ICT infrastructure at ARIPO,in the member states & in Africa at large. Some of the EPO ICT projects at ARIPO include: – Polite software which automated the processing of applications; – Training of ICT personnel; – ICT Equipment; – Technical consultancy, etc.

29 How ARIPO Encourages the Use of IP by Member States & the Business Sector Facilitating National & Regional Protection of IP Uniformly; Facilitating National & Regional Protection of IP Uniformly; Creating an IP Culture & Integrating it in National & Regional Economic Development Programmes & Policies for the Benefit of the Member States; Creating an IP Culture & Integrating it in National & Regional Economic Development Programmes & Policies for the Benefit of the Member States; Capacity Building & Development of Human Resources in IP; Capacity Building & Development of Human Resources in IP; Facilitating & Encouraging IP Awareness Programs; Facilitating & Encouraging IP Awareness Programs; Dissemination of Information Related to IP; Dissemination of Information Related to IP; Encouraging IP Rights Protection and Enforcement; Encouraging IP Rights Protection and Enforcement; Helping in the Procurement of IPR licenses & Assignments Helping in the Procurement of IPR licenses & Assignments, etc.

30 Major Challenges to ARIPO & Its Member States Limited Resources to undertake all the Objectives & Programs of the Organization; Limited Resources to undertake all the Objectives & Programs of the Organization; Limited number of patents & trademarks applications filled; Limited number of patents & trademarks applications filled; Lack of National & Institutional IP Policies; Lack of National & Institutional IP Policies; Limited Capacity particularly in the National Offices to undertake & adopt Policies Developed in the Region; Limited Capacity particularly in the National Offices to undertake & adopt Policies Developed in the Region; Limited knowledge & Information relating to IP among the citizens of the Member States; Limited knowledge & Information relating to IP among the citizens of the Member States; Limited Infrastructure e.g. Communication, in the Region; Limited Infrastructure e.g. Communication, in the Region; Perceptions that IP is too cumbersome and is therefore for the Rich, Developed Countries, etc. Perceptions that IP is too cumbersome and is therefore for the Rich, Developed Countries, etc.

31 ARIPO Future Activities Increase sensitization of policy makers in Government, research Institutions, universities, schools & all stake holders on the value of IP; Capacity Building & human resources in Increase Capacity Building & human resources in IP ; Streamline & simplify the filing procedures & make them affordable by SMEs & local applicants; Improve the Infrastructure of ARIPO & IP offices of its Member states Improve national, regional & international corporation in the use, protection & management of IP; Facilitate the use of patent information through all available communication channels;

32 How to contact ARIPO Physical Address: 11 Natal Rd Belgravia-Hre; Tel: to ; Fax: /3; aripo.ecoweb.co.zw – Website: THANK YOU


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