KigaliJune 42010

Yves Ngoubeyou

Senior Program Officer

Cooperation for Development Bureau for Africa

Technical Assistance and Capacity Building Programs in the Area of Intellectual PropertyIP Software and E-Health : Trends, Issues, Prospects

Contents

Background

WIPO’s Cooperation for Development Program

Challenges and Opportunities

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Background

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Milestones : 1883 to 2007

Paris Convention

1883

1886

18911893

1925

1960

1967

1970

1970

1989

2002

Berne Convention

Madrid Agreement

BIRPI

Hague Agreement

BIRPI moves to Geneva

WIPO Convention

WIPO established

PCT

Madrid Protocol

Internet Treaties

Overview of WIPO

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WIPO Mission – A Specialized UN Agency

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… … dedicated to developing a balanced and accessible international dedicated to developing a balanced and accessible international intellectual propertyintellectual property (IP) system, which rewards creativity, stimulates innovation and contributes to economic development while (IP) system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest.safeguarding the public interest.

    

Wipo's Activities

Norm-SettingServicesto Industry

Economic Development

AIM: Progressive development of international IP law for an IP system that is:

balanced/responsive to emerging needs

effective in encouraging innovation/creativity

sufficiently flexible to accommodate national policy objectives

PatentsPatents

Copyright & Related RightsCopyright & Related Rights

Trademarks, Designs, Geographical IndicationsTrademarks, Designs, Geographical Indications

Intellectual Property and Traditional KnowledgeIntellectual Property and Traditional Knowledge

Access to Genetic Resources, FolkloreAccess to Genetic Resources, Folklore

Norm Setting

Services

Enhancement of global protection systems to simplify and reduce costs of obtaining protection in multiple countries for:

PATENTS (PCT)142 countries

TRADEMARKS (MADRID) 84 countries

INDUSTRIAL DESIGNS (HAGUE) 57 countries

GEOGRAPHICAL INDICATIONS (LISBON) 26 countries

MICRO-ORGANISMS (BUDAPEST)

WIPO ARBITRATION & MEDIATION CENTER

WIPO’s Cooperation for Development WIPO’s Cooperation for Development ProgramProgram

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Mandate for Extending Legal and Technical Assistance

Article 4 of WIPO Convention provides that WIPO shall, Article 4 of WIPO Convention provides that WIPO shall, inter alia,inter alia, “ “offer its cooperation to States requesting legal-offer its cooperation to States requesting legal-technical assistance in the field of intellectual propertytechnical assistance in the field of intellectual property ..””

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Economic Development Program (EDP) Coverage

WIPO/EDP is a program designed for addressing developing countries in the following 4 regions:

Africa

Arab

Asia and Pacific

Latin America and Caribbean countries

The aims of the EDP Sector is: To provide support for effective use of IP as a tool for economic,

social and cultural development.

43 subsaharan countries, including 33 LDCs

Africa Region

Evolution of Focus Areas

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Pre-TRIPS, emphasis was mainly on:Pre-TRIPS, emphasis was mainly on:

- Establishment of national IP systems- Establishment of national IP systems

- Human resource development in IP- Human resource development in IP

Assistance after the TRIPS Agreement:Assistance after the TRIPS Agreement:

- Implementation of the TRIPS Agreement- Implementation of the TRIPS Agreement

- Upgrading/modernizing national IP systems- Upgrading/modernizing national IP systems

After late 90s:After late 90s:

- Demystification of IP - Demystification of IP

- Capitalizing on the assistance rendered in the past - Capitalizing on the assistance rendered in the past for more economic deliverables for more economic deliverables

Current Focus

Reinforcing and mainstreaming the development dimension of Reinforcing and mainstreaming the development dimension of WIPO’s programs and activitiesWIPO’s programs and activities

    

September 2007September 2007: Adopted a Development Agenda for WIPO: Adopted a Development Agenda for WIPO

    

Established the Committee on Development and Intellectual Property Established the Committee on Development and Intellectual Property (CDIP)(CDIP)

    

Delivery of assistance programs and projects in accordance with the Delivery of assistance programs and projects in accordance with the Recommendations of the Development AgendaRecommendations of the Development Agenda

    

Speedy implementation in progress: 14 special projects with a budget Speedy implementation in progress: 14 special projects with a budget of CHF16 millionsof CHF16 millions

    

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Main Types of Assistance

LegalLegal TechnicalTechnical

Legislative advice and assistance

• Institution building

• Human resource development

• Awareness raising

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Legal Assistance

Advice on Advice on substantive standardssubstantive standards of protectionof protection, IP administrative manuals, flexibilities, , IP administrative manuals, flexibilities, IP policies of universities and R&D institutions, etcIP policies of universities and R&D institutions, etc..

Upon request, provides legal advice and assistance on Upon request, provides legal advice and assistance on strictly bilateralstrictly bilateral and and confidentialconfidential basis and they are also basis and they are also neutralneutral and and non-bindingnon-binding

Updating of IP legislation- Compliance with the TRIPSUpdating of IP legislation- Compliance with the TRIPS

Promotion of IP TreatiesPromotion of IP Treaties

How?How?- Written advice/comments- Written advice/comments

- Draft laws (customized to the country’s needs)- Draft laws (customized to the country’s needs)

- Face-to-face consultations/meetings- Face-to-face consultations/meetings

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Technical Assistance Development of national IP policy/Formulation national of IP strategyDevelopment of national IP policy/Formulation national of IP strategy

Establishment/Modernization of IP administrations and institutions Establishment/Modernization of IP administrations and institutions Automation of IP OperationsAutomation of IP OperationsSkills developmentSkills development

Promotion of innovation and creativityPromotion of innovation and creativity

Management of IP for business developmentManagement of IP for business development

Special focus on the needs of LDCsSpecial focus on the needs of LDCs

Promotion of sub-regional & regional cooperation in IPPromotion of sub-regional & regional cooperation in IP

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Developing Capacities

Human Resource Development

One major priority of WIPO is to form a reservoir of human resource specialized and dedicated to IP in the region.

Education and awareness of IP

This is done by the WIPO Worldwide Academy, created in 1998.

The WWA program comprises :

professionals training

forum of policy and decision makers

distance learning courses, and

a summer course for the youth

One of the current challenges of the WWA is the introduction of IP teaching in African universities

Developing CapacitiesTraditional Knowledge, Genetic resources and Folklore

Another major preoccupation of WIPO is protection of genetic resources, biotechnology, traditional knowledge and expressions of folklore.

WIPO has established an Intergovernmental Committee (IGC) whose mandate has just been extended.

Principles, Modalities and Target Groups

Approach/guiding principlesApproach/guiding principles: : country-specific, needs- and demand-driven, result-oriented, country-specific, needs- and demand-driven, result-oriented, integrated, cost-effective, neutrality, development-oriented, coordination and partnerships at various integrated, cost-effective, neutrality, development-oriented, coordination and partnerships at various levelslevels

Target groupsTarget groups: : IP administrators, policy makers, enforcement officials as well as user IP administrators, policy makers, enforcement officials as well as user community such as inventors, creators, SMEs, Academia and R&D institutions, etc.community such as inventors, creators, SMEs, Academia and R&D institutions, etc.

Tools of deliveryTools of delivery:: special country/regional projects, focused/interactive workshops/seminars, special country/regional projects, focused/interactive workshops/seminars, training programs, fellowships, expert/advisory missions, studies, provision of equipment and materials, training programs, fellowships, expert/advisory missions, studies, provision of equipment and materials, automation tools, etc.automation tools, etc.

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Overall Objective

Support countries to develop and enhance Support countries to develop and enhance sustainable IP capacities, knowledge base, sustainable IP capacities, knowledge base, and and institutional infrastructure, enabling them to use institutional infrastructure, enabling them to use IP as a strategic tool for IP as a strategic tool for economic, social and economic, social and cultural developmentcultural development

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Partner organizations (not exhaustive)

and IP offices of developed countries

European Patent Office européen (EPO)

Economic Commission for Africa

African Union (AU)World Trade

Organization (WTO)

African Regional Centre Technology (ARCT)

+

Challenges and Opportunities

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Stronger and more comprehensive needs assessment Stronger and more comprehensive needs assessment

From NFAPs to national IP plans, a road mapFrom NFAPs to national IP plans, a road map

Time-bound, result-based , better coordinationTime-bound, result-based , better coordination

Regular monitoring and assessment of progress in relation to Regular monitoring and assessment of progress in relation to objectives and result areas objectives and result areas

Develop synergies, explore use/strengthen partnerships with Develop synergies, explore use/strengthen partnerships with other members of the IP community as a means of tapping other members of the IP community as a means of tapping sources of expertise or financing, e.g. bilaterals with China, sources of expertise or financing, e.g. bilaterals with China,

ROK, Singapore, as well as public-private partnershipsROK, Singapore, as well as public-private partnerships Continued use of regional and intra-regional fora as platforms Continued use of regional and intra-regional fora as platforms for countries to learn from each otherfor countries to learn from each other

Continued promotion of regional and sub-regional cooperationContinued promotion of regional and sub-regional cooperation

Meeting the Challenges

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Committed to providing holistic, comprehensive and coordinated assistance to member states Adapt to the changing national and global IP environment Respond to new development expectations, policy goals

and strategic needs of countries Focus on developing capacity and utilizing it for realizing tangible development benefits Capitalize on technical and legal assistance rendered so

far Development synergies with other providers of technical

assistance on IP Focus on developing capacity for realizing tangible development benefits

A Dynamic and Development Oriented Program for the Future

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Why IP Assets Matter?

Economies based on land, physical assetsTrade in goodsCheap laborNationally based tradePre-Internet economy

Old Economy New Economy

• Knowledge Based Economies

• IP Licensing• Productive Human

Capital• Regional/Global

Markets• Internet

IP Assets Can...

Increase GDPEnhance exports of high valueAttract mutually beneficial FDI Stimulate local education and R&DReduce brain drain by providing incentivesHelp address human needsDevelop national brand and cultural identity

Why IP Assets Matter

Conclusions

Continuous effort to be more effective and efficient in more effective and efficient in the the delivery of technical assistance and capacity delivery of technical assistance and capacity building building programsprograms

WIPO at the service of its Member StatesWIPO at the service of its Member States

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Thank you for your kind attention !

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With the courtesy of my colleague from ASPAC Bureau