Status of Development of the IP Legal and Institutional Framework in the ARIPO Member States
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1 African Ministerial Conference 2015: IP for an Emerging Africa Status of Development of the IP Legal and Institutional Framework in the ARIPO Member States Fernando dos Santos Director General King Fahd Hotel, Dakar, Senegal November 3 to 5, 2015
2 Development of IP Legal and Institutional Framework Before TRIPs: inconsistent IP laws and fragile or non existent IP institutions Massive adhesion to WTO (thus party to TRIPS) 15 ARIPO Member States members of WTO. Liberia, Sao Tome & Principe and Sudan started negotiations to join while Somalia is yet to undertake the process (not member of Harare Protocol) TRIPs - Part III Enforcement of Intellectual Property Rights Enforcement measures imposed by Arts 41 61: Legal framework for enforcement; Institutional framework for enforcement; Civil and administrative procedures; Provisional measures; Criminal procedures; Border measures 2
3 ARIPO Member States Compliance with TRIPS ARIPO Member States are compliant with TRIPs LDCs ARIPO Member States did not take advantage of TRIPs flexibilities All ARIPO Member States established specialized institutions (Institutes, Agencies, Authorities, Registrar Generals) to deal with IP In general, the Laws are new, modern and post-trips (few exceptions: Malawi, Namibia, Sudan and Zambia) Specialized IP courts or dedicated IP Sections are available and operational in Kenya, Malawi, Mozambique, Rwanda, Sudan, Tanzania, Uganda and Zimbabwe Civil, Administrative Remedies and Provisional and Border Measures available 3
4 Common challenges in the Development of the IP system Strategic approach on IP policies, laws and procedures Strategic approach on emerging issues in IP IP offices infrastructural development Capacity building in IP IP Management systems (including IP Databases)
5 ARIPO Role in the Promotion of IP in its Member States Pooling of resources together for promotion, development and harmonization of IP laws and policies. Integrating IP in the national & regional economic development programmes & policies Facilitating & encouraging IP awareness Programs Facilitating harmonized national & regional protection, exploitation & enforcement of IP Promoting capacity building & development of human resources in IP (ARIPO Academy) Promoting dissemination of technological information Promoting transfer of technology
6 ARIPO Role on tackling Member States challenges (cont.) In dealing with emerging issues member states have progressively entrusted the organization with more mandates: from patents, trademarks, industrial designs, utility models to new areas: copyright, geographical indications, new varieties of plants, traditional knowledge and expressions of folklore For capacity building ARIPO Academy was established to conduct: awareness activities through conferences, seminars, etc. Training activities trough short courses and Master of Intellectual Property (8 editions/200 MIP graduates) Sophisticated tools of IPRs management in place including e-filling, e-search, e-payments for easy protection in the region
7 HUB IP MANAGEMENT SYSTEMS TM VIEW Regional Module POLITE + REGIONAL DATABASE COPYRIGHT DATABASE TK DIGITAL LIBRARY 7
8 ARIPO achievements on IP Development in Africa Driving force for IP development in the Member States Encouraged common approach in establishing IP agencies Growing number of accessions to ARIPO and its Protocols Growing number of domestication of ARIPO protocols at the national level Growing number of registrations of IPRs Assisted Member States in development of IP policies Established Master of IP graduated 201 people in 7 years Trained IP Office Staff and examiners on IP Undertook awareness raising programmes Positioning itself as hub for IP management systems (Modernization of ICT infrastructures and linkage with 8
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