wipo global symposium of intellectual property authorities - developing global intellectual property...
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WIPO Global Symposium of Intellectual Property WIPO Global Symposium of Intellectual Property Authorities - Developing Global Intellectual Property Authorities - Developing Global Intellectual Property
Infrastructure for Promoting Innovation and Branding Infrastructure for Promoting Innovation and Branding WorldwideWorldwide
Geneva, Switzerland September 17 & 18, 2009Geneva, Switzerland September 17 & 18, 2009
Theme 6: IP Infrastructure for Better Management of IP Assets:
Public and Private Partnerships, Universities and Industry Collaboration, and International, Sub-regional and
Regional Collaboration (Particularly focusing on International Collaboration and Partnerships between Particularly focusing on International Collaboration and Partnerships between
IP Offices and various Stakeholders)IP Offices and various Stakeholders)
By Mr. Gift SibandaBy Mr. Gift Sibanda
Director General, ARIPODirector General, ARIPO
Presentation overviewPresentation 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, ARIPO collaboration & Partnerships with private industry,
Research Institutions & Universities;Research Institutions & Universities; ARIPO Collaboration & Partnerships with International, ARIPO Collaboration & Partnerships with International,
Regional, National stakeholders & IP officesRegional, National stakeholders & IP offices Challenges;Challenges; The way forward The way forward
Member States of ARIPOMember States of ARIPO
Botswana
Kenya
Mozambique
Somalia
The Gambia
Lesotho
Sierra Leone
Swaziland
TanzaniaGhana
Zimbabwe
MalawiZambia
Uganda
Sudan
NamibiaNamibia
West Africa
Central & Southern Africa
East Africa
O R G A N S O F A R IPO
FI N A N CE CO M M I T T EE(Evaluat es t he expendit ure and budget of t he or ganisat ion)
BO A RD O F A PPEA L(Reviews appeal cases concerning I ndust r ial pr oper t y matt er s)
S E C R E T A R IA T(Responsible for daily activities of the organisation )
A DM I N I S T RA T I VE CO U N CI L(A dminist rat ive O r gan of t he O r ganiz at ion)
CO U N CI L O F M I N I S T ERS(Policy and Polit ical O rgan)
STAFF AFFAIRS COMMITTESTAFF AFFAIRS COMMITTE
ACHIEVING DEVELOPMENT THROUGH A REGIONAL APPROACH ACHIEVING DEVELOPMENT THROUGH A REGIONAL APPROACH THROUGH ARIPOTHROUGH ARIPO
Harmonization IP Integration Industrial & Economic
Development
Capacity BuildingCapacity Building Promotion, Protection &Promotion, Protection &
Exploitation of IPExploitation of IP
ACHIEVING DEVELOPMENT THROUGH A REGIONAL & GLOBAL ACHIEVING DEVELOPMENT THROUGH A REGIONAL & GLOBAL APPROACHAPPROACH
Main Areas of ActionStandards, Norms setting and Training
United Industrial,Economic & IP Policy Strategy
United Developmental Strategy
Information & Data Exchange System
Development through Development through Cooperation & Partnerships withCooperation & Partnerships withother IP Offices, Organizations & stakeholdersother IP Offices, Organizations & stakeholders
ARIPOARIPOEAC
SADC
MemberMember StatesStates
COMESA
WIPOWIPO
OAPIOAPIWTOWTO
Potential Potential Member StatesMember States
Other IP Other IP OfficesOffices
ECOWAS
AU
Private IndustryPrivate Industry
Schools,Universities &Schools,Universities & research Institutionsresearch Institutions
AUAU
ARIPOARIPO Further Mandates and objectivesFurther 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.
The Harare ProtocolThe Harare Protocol
• Empowers ARIPO to grantEmpowers ARIPO to grant PatentsPatents and and registerregister Utility ModelsUtility Models andand Industrial DesignsIndustrial Designs on behalf of member states.on behalf of member states.
• All member states of ARIPO (All member states of ARIPO (except Somaliaexcept Somalia) are ) are party toparty to The Harare Protocol, The Paris ConventionThe Harare Protocol, The Paris Convention and to and to The Patent Cooperation Treaty (PCT).The Patent Cooperation Treaty (PCT).
ARIPO Collaboration and Partnerships in the ARIPO Collaboration and Partnerships in the Harare Harare Protocol Regional FrameworkProtocol 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.;
The Office Collaborates with other IP Offices & Organizations like, IP Offices & Organizations like, WIPO, the EPO, IMPI MexicoWIPO, the EPO, IMPI Mexico, etc. in the processing of Patent applications particularly in the search & examination procedures, search & examination procedures, awareness activities & Capacity Building;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
Limited Number of Patent applications lodgedLimited 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
0
100
200
300
400
500
600
700
800
Applications filed since protocol
The Banjul Protocol on MarksThe 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: The following member States are party to the Banjul protocol:
Botswana, Lesotho, Malawi, Namibia, Botswana, Lesotho, Malawi, Namibia, Swaziland,Tanzania, Uganda & Zimbabwe;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 A Designated state can refuse the registration of a trademark in its
territory;territory;
ARIPO Collaboration and Partnerships in the Banjul ARIPO Collaboration and Partnerships in the Banjul Protocol Regional FrameworkProtocol 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;
ARIPO Mandate on Traditional Knowledge & ARIPO Mandate on Traditional Knowledge & Expressions of FolkloreExpressions 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.
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.
ARIPO Mandate on Copyright & Related RightsARIPO 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.
ARIPO Collaboration and Partnerships on Copyright & ARIPO Collaboration and Partnerships on Copyright & related Rightsrelated 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
The ARIPO Library & Documentation The ARIPO Library & Documentation CenterCenter
Created in 1982 Includes A library, an
IP Clinic and Free-of charge Broadband Internet service;
Open to the Public free of charge;
ARIPO Collaboration and Partnerships on search ARIPO Collaboration and Partnerships on search servicesservices
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)
Search Requests services undertakenSearch Requests services undertaken
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84 8554 46 50
86 93 82
138
82 82 93 98
358
122
200203
254
300
329345365
400423
0
50
100
150
200
250
300
350
400
450
1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008
Searches lodged since 1984
The ARIPO Regional Training Centre The ARIPO Regional Training Centre (ARTC)(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.
The ARIPO Regional Training CentreThe 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 Per capita cost of Training is much cheaper than
Overseas;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) & Accessible due to the fact that it is in Africa (Harare) &
most participants don't need visas; 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.
ARIPO Collaboration and Partnerships With Regard to ARIPO Collaboration and Partnerships With Regard to the Training Centrethe 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
ARIPO-WIPO-AFRICA UNIVERSITY MASTERS ARIPO-WIPO-AFRICA UNIVERSITY MASTERS DEGREE PROGRAM (MIP) IN INTELLECTUAL DEGREE PROGRAM (MIP) IN INTELLECTUAL
PROPERTYPROPERTY 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 2nd cohort of students commenced on May 4, 2009;
The MIP targets mainly the following the following The MIP targets mainly the following the following categories of userscategories 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.
Intellectual Property Units in Institutions & Universities Intellectual Property Units in Institutions & Universities in the Member States of ARIPOin 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
Collaboration with WIPO in ICTCollaboration 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.
Collaboration with the EPO in ICTCollaboration 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.
How ARIPO Encourages the Use of IP by How ARIPO Encourages the Use of IP by
Member States & the Business SectorMember 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 & Creating an IP Culture & Integrating it in National &
Regional Economic Development Programmes & Policies for Regional Economic Development Programmes & Policies for the Benefit of the Member States;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 & AssignmentsHelping in the Procurement of IPR licenses & Assignments,
etc.
Major Challenges to ARIPO & Its Member Major Challenges to ARIPO & Its Member StatesStates
Limited Resources to undertake all the Objectives & Limited Resources to undertake all the Objectives & Programs of the Organization;Programs of the Organization;
Limited number of patents & trademarks applications Limited number of patents & trademarks applications filled;filled;
Lack of National & Institutional IP Policies;Lack of National & Institutional IP Policies; Limited Capacity particularly in the National Offices to Limited Capacity particularly in the National Offices to
undertake & adopt Policies Developed in the Region;undertake & adopt Policies Developed in the Region; Limited knowledge & Information relating to IP among Limited knowledge & Information relating to IP among
the citizens of the Member States;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 Perceptions that IP is too cumbersome and is therefore for
the Rich, Developed Countries, etc.the Rich, Developed Countries, etc.
ARIPO Future ActivitiesARIPO Future Activities
Increase sensitization of policy makers in Government, research Institutions, universities, schools & all stake holders on the value of IP;
Increase Capacity Building & human resources in 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;
How to contact ARIPOHow to contact ARIPO
Physical Address: 11 Natal Rd Belgravia-Hre;Tel: +263-4-794065 to 794074;Fax:+263-4-794072/3;E-mail: aripo.ecoweb.co.zw
Website: www.aripo.org/
THANK YOUTHANK YOU