Technical Assistance and Capacity Building Programs in the

Technical Assistance and Capacity Building Programs in the Area of Intellectual Property IP Software and E-Health : Trends, Issues, Prospects Yves Ngoubeyou Senior Program Officer Cooperation for Development Bureau for Africa Kigali June 4 2010

Contents Background WIPO’s Cooperation for Development Program Challenges and Opportunities 2

Background 3

Milestones : 1883 to 2007 2002 1989 1970 1967 1960 1925 1891 1886 1883 1893 BIRPI Madrid Agreement Berne Convention Paris Convention WIPO established WIPO Convention BIRPI moves to Geneva Hague Agreement Madrid Protocol PCT 1970 Internet Treaties

Overview of WIPO A specialized UN agency (since 1974) 184 Member States Administers 24 treaties and conventions (3 types) - Intellectual property protection treaties - Global protection system treaties - Classification system treaties Stakeholders & Partners - 66 Intergovernmental organizations, e. g. WTO, UNCTAD, etc - Users of the IP System, e. g. business community - 232 non-governmental organizations (NGOs) 5

WIPO Mission – A Specialized UN Agency … dedicated to developing a balanced and accessible international intellectual property (IP) system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest. 6

Wipo's Activities Services to Industry Norm-Setting Economic Development

Norm Setting 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 Patents Copyright & Related Rights Trademarks, Designs, Geographical Indications Intellectual Property and Traditional Knowledge Access to Genetic Resources, Folklore

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 Program 10

Mandate for Extending Legal and Technical Assistance Article 4 of WIPO Convention provides that WIPO shall, inter alia, “offer its cooperation to States requesting legaltechnical assistance in the field of intellectual property. ” 11

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.

Africa Region 43 subsaharan countries, including 33 LDCs

Evolution of Focus Areas Pre-TRIPS, emphasis was mainly on: - Establishment of national IP systems - Human resource development in IP Assistance after the TRIPS Agreement: - Implementation of the TRIPS Agreement - Upgrading/modernizing national IP systems After late 90 s: - Demystification of IP - Capitalizing on the assistance rendered in the past for more economic deliverables 14

Current Focus Reinforcing and mainstreaming the development dimension of WIPO’s programs and activities September 2007: Adopted a Development Agenda for WIPO Established the Committee on Development and Intellectual Property (CDIP) Delivery of assistance programs and projects in accordance with the Recommendations of the Development Agenda Speedy implementation in progress: 14 special projects with a budget of CHF 16 millions 15

Main Types of Assistance Legal Technical Legislative advice and assistance • Institution building • Human resource development • Awareness raising 17

Legal Assistance Upon request, provides legal advice and assistance on strictly bilateral and confidential basis and they are also neutral and non-binding Updating of IP legislation- Compliance with the TRIPS Promotion of IP Treaties Advice on substantive standards of protection, IP administrative manuals, flexibilities, IP policies of universities and R&D institutions, etc. How? - Written advice/comments - Draft laws (customized to the country’s needs) - Face-to-face consultations/meetings 18

Technical Assistance Development of national IP policy/Formulation national of IP strategy Establishment/Modernization of IP administrations and institutions Automation of IP Operations Skills development Promotion of innovation and creativity Management of IP for business development Special focus on the needs of LDCs Promotion of sub-regional & regional cooperation in IP 19

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 Capacities Traditional 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 principles: country-specific, needs- and demand-driven, result-oriented, integrated, cost-effective, neutrality, development-oriented, coordination and partnerships at various levels Tools of delivery: special country/regional projects, focused/interactive workshops/seminars, training programs, fellowships, expert/advisory missions, studies, provision of equipment and materials, automation tools, etc. Target groups: IP administrators, policy makers, enforcement officials as well as user community such as inventors, creators, SMEs, Academia and R&D institutions, etc. 23

Overall Objective Support countries to develop and enhance sustainable IP capacities, knowledge base, and institutional infrastructure, enabling them to use IP as a strategic tool for economic, social and cultural development 24

Partner organizations (not exhaustive) African Union (AU) World Trade Organization (WTO) + African Regional Centre Technology (ARCT) Economic Commission for Africa European Patent Office européen (EPO) and IP offices of developed countries

Challenges and Opportunities 26

Meeting the Challenges Stronger and more comprehensive needs assessment From NFAPs to national IP plans, a road map Time-bound, result-based , better coordination Regular monitoring and assessment of progress in relation to objectives and result areas Develop synergies, explore use/strengthen partnerships with other members of the IP community as a means of tapping sources of expertise or financing, e. g. bilaterals with China, ROK, Singapore, as well as public-private partnerships Continued use of regional and intra-regional fora as platforms for countries to learn from each other Continued promotion of regional and sub-regional cooperation 27

A Dynamic and Development Oriented Program for the Future 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 28

Why IP Assets Matter? Economies based on land, physical assets Trade in goods Cheap labor Nationally based trade Pre-Internet economy Old Economy • Knowledge Based Economies • IP Licensing • Productive Human Capital • Regional/Global Markets • Internet New Economy

IP Assets Can. . . Why IP Assets Matter Increase GDP Enhance exports of high value Attract mutually beneficial FDI Stimulate local education and R&D Reduce brain drain by providing incentives Help address human needs Develop national brand cultural identity

Conclusions Continuous effort to be more effective and efficient in the delivery of technical assistance and capacity building programs WIPO at the service of its Member States 31

Thank you for your kind attention ! With the courtesy of my colleague from ASPAC Bureau 32