1. WIPO - KEPSA SEMINAR ON INTELLECTUAL PROPERTY AND FRANCHISING FOR SMES Nairobi, Kenya, February 8-9, 2006 Objectives, Programs and Activities of the Small and Medium-Sized Enterprises (SMEs) Division of WIPO Christopher M. Kalanje, Consultant, SMEs Division, WIPO

2. Objective of the Seminar Enhance awareness on role of IP in Franchising Sensitize participants on IP opportunities and challenges in franchising Strategic use of IP in business Identify case studies on SMEs and franchising in Kenya Identify areas of possible cooperation Establish partnership with institutions

3. Basic Facts about WIPO WIPOs Mission: To promote the protection of IP rights worldwide and extend the benefits of the international IP system to all Member States. – Status: An intl intergovernmental organization – Member States: 182 – Treaties Administered: 23 – Headquarters: Geneva www.wipo.int

4. Basic Facts about WIPO contd. Paris Convention 1883 - Kenya (June 14, 1965) Berne Convention 1886 - Kenya (June 11, 1993) Madrid Agreement 1891 - Kenya (June 26, 1998) WIPO Convention 1970 - Kenya (October 5, 1971) Madrid Protocol 1989 - Kenya (June 26, 1998 ) PCT - Kenya (June 8,1994) 1967 WIPO established Some WIPO Treaties that Kenya is a party

5. Basic Facts about WIPO contd. WIPO Mission –To promote the effective protection and use of IP worldwide through cooperation with and among Member States and all stakeholders –Status: An intl intergovernmental organization – Member States: 182 – Treaties Administered: 23 – Headquarters: Geneva http://www.wipo.int

6. Facts About SMEs contd. SMEs Innovation Trade Investment Social Tranquility Job Creation Economic Growth

7. Facts About SMEs contd. SMEs form the bulk of enterprises in most economies SMEs contribution toward economic growth of countries is widely recognized SMEs in Kenya employed some 3.2 million people and accounted for 18% of GDP ( source: www.oecd.org/dataoecd/57/59/34908457.pdf ) SMEs have the potential of doing better than their current performance

8. Why SMEs and IP Studies show that SMEs do not effectively use IP SME users of IP system are often limited to high tech, biotech, information and communication technologies enterprises Increasingly large companies include SMEs in their cooperate strategies

9. Why SMEs and IP contd. Globalization Revolution in ICT Change in strategy; - Shedding away - Effective use and managing of information

10. Why SMEs and IP contd. Domestic Market Multinationals Foreign SMEs Domestic large companies Domestic SMEs Jua kali

11. Why SMEs and IP contd. Removal of trade barriers has increased competition both local and international The playing field (market) is more bumpy i.e competitors differ in size and assets, financial capacity, human and organizational capacity e.t.c.

12. Why SMEs and IP contd. Price and location are taking back seat as main factors of competitive advantage Efficient management practices, creative and appealing designs and ability to market are becoming a necessity if one wants to succeed in the market place Technological edge plays critical role especially in high-tech industries

13. Why SMEs and IP contd. INTANGIABLE ASSETS in particular INTELLECTUAL PROPERTY TAKING A CENTRAL STAGE

14. Why SMEs and IP contd. INTELLECTUAL PROPERTY Stimulate investment in new areas of R & D Facilitate identification of products by consumer i.e consumer royalty Facilitate partnerships Enhances competitiveness

15. WIPO Activities for SMEs WIPO SME Division: Established in October 2000 Objective: To strengthen the capacity of governmental, private and civil society institutions worldwide to formulate and implement policies and strategies for meeting the IP needs and concerns of SMEs

16. WIPO Activities for SMEs contd. STRATEGY Focus on new areas Cooperation & partnership Target new audience Create simple, SME-friendly products Gather and provide processed information Strengthen outreach activities of IP offices

17. WIPO Activities for SMEs contd. Mode of delivery - Taking IP issues to non-traditional audience - Bringing business community to IP events - SME web site www.wipo.int/sme

18. WIPO Activities for SMEs contd. Mode of delivery - SME e-newsletter - Reaching out to partners e.g. Chamber of commerce, Business associations (e.g KEPSA), SME associations, SME support institutions etc. - Contributing articles to WIPO magazine

19. WIPO Activities for SMEs contd. –Making a Mark: An Introduction to Trademarks for Small and medium-sized Enterprises (Arabic, Chinese, English, French, Italian, Portuguese, Russian and Spanish) Products (Guides)

20. WIPO Activities for SMEs contd. –Looking Good: An Introduction to Industrial Designs for Small and Medium- sized Enterprises (Arabic, English, French, Italian, Portuguese and Spanish)

21. WIPO Activities for SMEs contd. Inventing the Future: An Introduction to Patents for Small and Medium-sized Enterprises (English; soon to be available in French and Spanish )

22. WIPO Activities for SMEs contd. Customization/translation completed –Algeria (French) –Argentina (Spanish) –Hungary (Hungarian) –Italy (Italian) –Lithuania (Lithuanian) –Morocco (French) –Slovakia (Slovakian) –Tunisia (French) http://www.wipo.int/sme/en/documents/guides/customization.html

23. WIPO Activities for SMEs contd. Customization/Translation in progress, Kenya (Final stages )

24. WIPO Activities for SMEs contd. Customization/Translation in progress Tanzania (Kiswahili guide 1) –16 Countries members of the OAPI*, –Egypt, Israel and Lebanon * L'Organisation Africaine de la Propriété Intellectuelle (Benin, Burkina Faso, Cameroon Central Africa, Congo, Cote d'Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea Bissau, Mali, Mauritania, Niger, Senegal, Chad and Togo)

25. WIPO Activities for SMEs contd. –Australia, India, Indonesia, Malaysia, Mongolia, New Zealand, Philippines, Vietnam –Canada, Czech Republic, Estonia, Finland,, Ireland, Malta, Poland, Spain

26. WIPO Activities for SMEs contd. Guides under preparation –Creative Expression (Copyright) –IP Valuation –Domain Names –Trade Secrets –Patent Information

27. WIPO Activities for SMEs contd. Joint publications with International Trade Centre (ITC) –Marketing Crafts and Visual Arts: The Role of Intellectual Property. A Practical Guide (English, French and Spanish)

28. WIPO Activities for SMEs contd. –Secrets of Intellectual Property: A Guide for Small and Medium-sized Exporters (English, and Spanish)

29. WIPO Activities for SMEs contd. –Exchanging Value: Negotiating Technology License Agreements: A Training Manual

30. WIPO Activities for SMEs contd. Other Publications (commissioned to external experts) –Intellectual Property Rights for the Toy Industry in India (Funded by UNIDO)* – Intellectual Property Rights for Machine Tools Industry in India (funded by UNIDO) * United Nations Industrial Development Organization

31. WIPO Activities for SMEs contd Multimedia Products IP Panorama 01 - http://www.wipo.int/sme/en/multimedia/flash/module_1/intro.htm Products in progress IP Panorama 02: Marketing (TM & ID) IP Panorama 03: Invention and Patent IP Panorama 04: Protection of Trade Secrets IP Panorama 05: Copyright and Related Rights

32. WIPO Activities for SMEs contd. Feedback The SMEs web site has been linked to several business and academic web sites Increased interest on IP issues evidenced in non-traditional IP activities Increased collaboration with other institutions

33. Why Franchising Rapidly growing business format IP plays important role in franchise system Need to enhance awareness of IP and Franchising Create the conducive environment for Franchising activities

34. Conclusion Increasedawareness and effective use of IP system Enhance SMEs competitiveness Positive impact in economic development

35. Finally