WIPO NATIONAL ROVING SEMINAR ON INTELLECTUAL PROPERTY AND

WIPO NATIONAL ROVING SEMINAR ON INTELLECTUAL PROPERTY AND THE COMPETITIVENESS OF AGRO-FOOD SMES Zanzibar and Dar es Salaam, December 14 & 15 and 17 & 18, 2009 Cooperation for Development Bureau for Africa World Intellectual Property Organization (WIPO)

INTEGRATING INTELLECTUAL PROPERTY INTO NATIONAL DEVELOPMENT POLICIES

Structure of Presentation §Evolution of the Intellectual Property System §Different economic development levels among developing countries and least-developed countries (LDCs) §Issues at stake today §integration in the global trade and active participation in multilateral debates §Domestic challenges (economic sustainability, public health, education, fighting poverty) §Intellectual Property and Development (Is there any relevance? ) §Challenges Facing Developing Countries and Least-developed Countries to strategically use the IP system §WIPO’s work, Some suggestions and Conclusion

Backdrop §MDG’s aim is to reduce poverty, provide food security by improving health, education and ensuring environmental sustainability by 2015 §The World Economy has changed from bricks and mortars to a knowledge-based one §Intellectual Property is the Driving Force in Todays’ Knowledge-based Economy but it’s Use Must be Strategic and Supported by a Clearlydefined Government Policy and Strategy

Intellectual Property: Changing Landscape §WTO’s Trade-related Aspects of Intellectual Property Rights (the TRIPs Agreement) extends minimum standards for IP protection across the world §Bilateral and Regional Trade Agreements (EU-ACP EPAs, , FTAs) §Industrial Property Laws and Copyright Laws adapt to changing landscape of international trade and dissemination of goods, services and knowledge thanks to new business models, new technologies etc. §WIPO’s Development Agenda aims to incorporate development concerns in its Cooperation Programs

Developing vs Least-developed Countries §There is technological disparity between developed and developing countries. §Low middle income developing countries account for about 21% of world GDP §Expenditure in global Research and Development is less than 10% in LMIDCs and Sub-Saharan Africa’s share is a mere 0. 5% §Least-developed Countries are mainly net importers of technology from the developed countries)

Developing vs Least-developed Countries §There is also technological disparity between the developing countries themselves, social and economic development also vary §India, China, Brazil, South Afrca vs the Rest §China and India’s technological capacity in a number of scientific and technological areas such as space, nuclear energy, computer science, biotechnology, pharmaceuticals, software development and aviation §Sub-saharan Africa has a weak technological capacity accounting for only 0. 5% of worldwide research expenditure

Issues at Stake §Level of technological development and capacity to innovate is still weak but there are several options and issues at stake: §Incentives for Technology Transfer through Licensing (Flexibilities) §Government Incentives to R&D institutions e. g. Mauritius Research Council’s Innovation Support Fund – ISF) §Create a Platform to Access Knowledge Through IP §Access to technological information for research and innovation (ARDI – Access to Research and Development for Innovation) – WIPO-supported IP Information and Advisory Centres §Access to educational material through ICTs §Public Health and Access to Drugs (TRIPs Flexibilities) §Genetic Resources , Folklore and Traditional Knowledge

Intellectual Property and Development: Any relevance? §IPRs protect but also provide incentives to creators & innovators to do more in their field of expertise, as a result IPRs encourage knowledge creation and through such systems as patent requirements for disclosure of technical information §IPRs encourage sharing of knowledge in the public domain to inspire secondary or novel creations/innovation §Pre-industrialization Japan and Korea §Took advantage of weak IP regime to copy technology and invest in local, homegrown manufacturing and technology base §India now embraces strong copyright laws out of self-interests (Bollywood, Software Industry, Music etc. )

Challenges Facing Developing Countries §Understanding how the IP system operates requires appreciation of how the system can be used to promote development objectives and therefore guide decisions. This might require: §Adequate Institutional Capacity – Well structured IP Administration with skilled and well trained personnel §Proper coordination among various government, public sector and the civil society in light of the cross-cutting nature of intellectual property §There is need to engage R&D Institutions and Higher Learning Institutions even more §Scoping of national IP assets to obtain empirical evidence of the competitive advantages that some sectors have in using IP to enhance their competitiveness

Challenges…. Cont’d §Limited funding of research has adverse impact on areas that require research and science to thrive, such as agriculture §Human capital and skills are required to harness knowledge, capitalize on existing opportunities and technologies to add value to products and processes and maximize profit

What Does WIPO Do To Facilitate Integration of IP in National Development Strategies? Encourage Member States to adopt Intellectual Property Development Strategies/Plans. This is done through - Assessing the Benefits of National IP Systems, which consists in examining current IP policies, priorities and strategies for the development, management and commercialization of IP Assets - Generating empirical data for making informed IP decisions -Making a diagnosis of Economic Social, cultural and technological situation in each country. The process, for some African countries, has been conducted in cooperation with COMESA and CEMAC NB: Direct involvement of public, private sector and civil society is essential throughout the process

What Does WIPO Do To Facilitate Integration of IP in National Development Strategies? The objective of IP Development Strategies is to Build capacities to create, protect and make strategic use of a Country’s IP assets as a power tool for economic growth and development The Strategy also seeks to ensure that IP offices and potential users and generators of IP assets, have the technical capacity to use the IP system as a Business Strategy IP Strategy/Plan is a process, it focuses on one or several aspects e. g. Kenya’s science & technology IP policy, Mauritius’ all embracing, Rwanda’s Vision 2020 incorporates IP

Some suggestions…. Should a Country wish to integrate intellectual property in its national development strategies, here are some steps to follow: - Determine the stakeholders to be involved in the development of the national IP policy and strategy - Create a team to integrate IP into the national policy based on the above

…. -The team ought to be representative of various stakeholders. They are trained and sensitized on how to prepare a national IP policy and strategy. The team should be tasked to align the IP Development Strategy to national development needs and priorities (Poverty Reduction Strategy) -Identify the mission, goals and objectives of the IP strategy -Create a team of IP experts to undertake an in-depth assessment of the existing IP legislative and institutional capacity, to identify challenges, weaknesses and unexplored opportunities (a situational analysis or IP Audit)

…. § Convene a stakeholders meeting in order to discuss the mission, vision and objectives of the national IP policy based on the findings of the assessment § Develop a plan of action for the process of developing the national IP strategy based on SMART (Specific, Measurable, Attainable, Realistic & Time bound) objectives § Develop implementation plans with performance indicators and install a monitoring and evaluation system

Is an IP Strategy Useful? § Yes, it is useful because it strengthens a nation’s ability to generate economically valuable IP assets § It provides the Member States with a shared vision, common objectives and an agreed framework for modernizing and utilizing the IP system for development benefits. Such strategies are closely aligned with the national development objectives and integrated in the development plans of the countries , (e. g. Within the context of the Tanzanian Vision 2025!)

Is an IP Strategy Useful? § Yes… § It aims at providing a comprehensive and integrated plan over time whereby all national stakeholders can work together to create, own and exploit research results, innovations, new technologies and works of creativity and use IP to add value to local products, crafts, TK, etc.

Is an IP Strategy Useful? § Yes… §. . Because it aims to encourage global partnership funding for development activities which will widen the scope and avoid duplication. § To give full freedom to a country to choose its priorities and to develop in cooperation with WIPO, a defined plan of action.

…Some expected results § Support in updating the legislation to include flexibilities § Well-trained officials and experts capable of contributing to the development of the country’s IP strategy § A dedicated network of IP users established and a consultation mechanism set up to institutionalize links between different IP user groups

…Some expected results § Establishment of IP advisory and information service centres § Awareness programs and/or tailored projects on the strategic use of IP to enhance the value of local products on both the domestic and export markets § Teaching of IP in universities and institutions of higher learning initiated § Members of the judiciary and other enforcement officials sensitized about the importance of IP…etc…

Conclusion Intellectual property is the driving force of a knowledge based economy. To harness it effectively, there’s need for a clear and well defined Government policy.

End! Thank You for Your Kind Attention…