Vol. 5, No.4, October - December 2015

ARIPO Magazine Editorial Board

Roselyn Moyo Charles Pundo

Administrative Assistant, Head, Formalities Documentation and Examination Section Publications Section

Emmanuel Sackey Charles Satumba Chief Examiner, Search Claride Hozheri Assistant Librarian, and Examination Section Documentation and Accounts Clerk, Finance Section Publications Section

On the cover Regulars

02 Editorial Board 02 Contents 03 Editorial 06 04 Highlight of Events Highlights of Events 10 Member States News 13 Staff Matters 15 Feature Articles 19 Member States Contact Details 14 Staff Matters

2 ARIPO MAGAZINE: Vol. 5, No.4,october - December 2015 Editorial Board

EDITORIAL

ARIPO Magazine - Vol. 5, No.4, October - December 2015

Agriculture is the backbone of IP systems lie in areas such make an impact on the economic most African countries. The as biodiversity, agriculture landscape of the continent. The recent Arusha protocol will help traditional knowledge and subject of Trips and Intellectual facilitate ARIPO member states copyright. ARIPO’s role in Property and Public Health was to use the IP system to enhance member states extends beyond brought to the forefront during their agricultural sectors and protection to include facilitating the WTO Ministerial Summit held make it competitive using the utilization, commercialization in Kenya from this conference it regional protection mechanism. and exploitation of IP in its is difficult to overlook the key Use of advanced technologies member states so that they role intellectual Property has will be key to the successful can be competitive in the global played in the investment and implementation of the protocol. arena. provision of treatment for HIV and AIDS the cost of treatment Geographical indications are One key discussion in this has reduced from $15 000 critical for the agricultural sector publication is technology between (2001-2003) to $200 sector for African states and are entrepreneurship and the start- currently in Kenya. The key critical in the value, growth and up competition DEMO Africa. observation here is the strategic competiveness of the African According to a Mickenys study utilisation of TRIPS flexibilities agricultural and cultural sector. in 2010 African labor force for the benefit of a country. These are both key developments is growing more rapidly than for ARIPO as it moves towards anywhere else in the worlds and IP in areas where its member is projected to grow to about 1,1 Copyright © 2015, ARIPO All Rights Reserved states have a strength in. billion by 2040 with an estimated GDP of around $2,6 trillion. This No part of this publication may The global debate on globalization shows the importance of the be reproduced or transmitted trade and intellectual property youth and their catalytic role in in any form or by any means, for developing countries is an transformation for Africa. electronic or mechanical, including photocopy, recording indication of the critical role of or any information storage the Intellectual property system DEMO Africa is one of the many or retrieval system, without working towards impacting new initiatives tapping into the permission in writing from on the strengths, resources innovative young people of Africa. ARIPO. and capacities of developing It is important to see how youth countries so that they too can in Africa will be incorporated benefit from the intellectual the Intellectual property property system. development agenda through the innovation ecosystem that is To what extent is the system building up in Africa. relevant to the strengths of developing countries? It should This will facilitate tapping into be noted that our strengths as the innovation and technology developing countries with the hubs so that the innovations can

ARIPO MAGAZINE: Vol. 5, No.4, October - December 2015 3 HIGHLIGHTS OF EVENTS

highlighted some of the future challenges of the plant variety protection raised by the growing push Highlights by some multinationals to protect new varieties of plants through patents, especially fueled by the recent decision of the Enlarged Board of Appeal of the European Patent Office (EPO) on of events the cases of broccoli and tomato. Issues related to bio-technologies and new technologies for the breeding process were also highlighted.

Celebrations of the 20 years The President of CPVO, Mr. Martin Ekvad recognized the presence of the Director General of (1995 - 2015) of the Community African Intellectual Property Organization (OAPI), Dr. Paulin Edou Edou and the Director General of Plant Variety Office (CPVO) African regional Intellectual Property Organization (ARIPO), Fernando dos Santos and highlighted the efforts of implementation of the PVP system at OAPI and the recently adopted Arusha Protocol for the Protection of New Varieties of Plants by ARIPO.

Together with the Director General of OAPI, Dr. Paulin Edou Edou and the Director Industrial of OAPI, Mrs Regine Gazzaro, the Director General of ARIPO also visited CPVO headquarters in Angers. President Ekvad made a short presentation and The main event of the Celebrations of the 20 Years led the visitors on a short tour to the office. CPVO was the Seminar held in October 1, 2015 in Angers, France attended by approximately 200 President Ekvad and the Vice-President Carlos people. Invitees included the Members of the Godinho also accompanied the guests to a visit Administrative Council of CPVO, the European to GEVES, the French Group for the study and Commission, the European Parliament, the evaluation of Varieties and Seeds in the outskirts CPVO Staff Members, the examination offices, of Angers. Officers of GEVES made a presentation breeders and breeders’ organizations, farmers’ on the activities of the organization and organized organizations and international organizations. a tour to their premises and the fields where Distinctness Uniformity and Stability (DUS) and The Seminar was officially open by the EU Value for Cultivation and Use (VCUs) tests are Commissioner for Health and Food Safety, Mr. conducted. Vytenis Andriukaitis. Mr. Andriukaitis stressed the importance of the plant variety system and its role The participation of the Director General of in innovation and development of agriculture in ARIPO to the meeting and especially the parallel order to ensure food security and competitiveness. meetings held with CPVO and GEVES opened up He congratulated CPVO for the rapid growth and more opportunities for co-operation. There was a pledged continued support to the organization. further commitment from CPVO to assist ARIPO in the implementation of plant variety system under The Member of the European Parliament and the newly adopted Arusha Protocol. The Head of Chair of the Agriculture and Rural Development ICT and Finance of CPVO offered to assist ARIPO Committee, Mr. Czeslaw Siekierski, the Director in the establishment of IT management system of General of WIPO and Secretary General of The plant varieties rights. International Union for the Protection of New Varieties of Plants (UPOV) Dr. Francis Gurry, Participation of the Director General of ARIPO in the Director General of (WIPO), the Mayor of this event provided an opportunity to learn more Angers, former President of CPVO, also presented on the latest developments of CPVO and the global congratulatory messages to the organization. trends on the protection of plant varieties and its challenges. Parallel meetings allowed discussion Breeder’s’ rights and farmers’ associations of future co-operation with CPVO and GEVES.

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Worldwide Symposium On Geographical Indications, Budapest, Hungary In June 2015, WIPO extended to ARIPO an invitation to attend the Worldwide Symposium on the Geographical Indications that was organised, jointly by the WIPO and the Hungarian Intellectual Property Office (HIPO). The conference took place in Budapest, Hungary from October 20 to 22, 2015. ARIPO was represented to by Mr. Pierre Runiga, Legal Officer.

The objective of the mission was to take part to the discussions of experts and learn from experiences of participants from jurisdictions that are advanced The techniques and know-how at the Herend manufactory are what in the implementation of the GIs system. make the Herend porcelain unique... (Field Trip at Herend Porcelain Manufactory, on October 22, 2015). To gather further information on a successful registered Geographical Indication the workshop The Symposium was an opportunity for the ARIPO was devoted to a field trip to visit one of non- representative to learn a lot on approaches used agricultural products registered as Geographical by different jurisdictions in using and protecting Indication: the Herend Porcelain Manufactory in Geographical Indications. The experience gained a town of Hungary called Herend. The latter is a is of essence for the implementation of the GI small town but it is famous for its porcelain. It mandate by ARIPO. It was also an opportunity benefits from a protected Geographical Indication to discuss and network with representatives in Hungary and it is also registered under the of relevant organizations which attended the Lisbon Agreement. The Herend porcelain is special Symposium. The experience gained will help because it is a solely hand painted and gilded in implementing the mandate that was given to porcelain. ARIPO Secretariat on Geographical Indications.

Trade, Intellectual Property And Migration needed investments. they are faced with supply side constraints, such as the However, for the vast majority lack of physical infrastructure, of developing countries, poor economic governance globalization has not increased institutions, little access to income as quickly as predicted. the rule of law, and a lack of While global aggregate income healthy and skilled labour force. is increasing, inequalities Externally, the complexity and are deepening across and structure of the international within many countries. Among policy environment, which developing countries, the Least comprises a web of issues Photo: Marta Remoneda/UNDP. Developed Countries (LDCs) and rules related to global are particularly disadvantaged. trade, investment, migration, Globalization has the potential intellectual property, debt to advance human development But what prevents developing sustainability and aid policy, around the world. It can boost countries from taking advantage prevents them from fully economic growth and create of globalization? A combination benefiting from globalization. jobs. It can enable developing of both internal and external The global economic crisis countries to access new constraints undermines the threatens further the gains that technologies that improve their prospects for the poorest developing countries can make productivity. It can facilitate countries to integrate into the from globalization. access to capital to make global economy. Internally,

ARIPO MAGAZINE: Vol. 5, No.4, October - December 2015 5 HIGHLIGHTS OF EVENTS

These domestic and external Foreign Direct Investment (WTO ) - to provide trade- constraints, compounded by the (FDI), intellectual property related technical assistance lack of capacity, render many rights, technology transfer designed to help LDCs and developing countries unable and migration; other developing countries to put in place and sustain • Enhancing developing to strengthen their supply- national policies that will country capacity to better side capacity; enhance their productivity and integrate into the global • Advocating for solutions to raise incomes. Even if domestic economic system in a way the distinct challenges faced policies are well formulated, that prioritizes human by LDCs, LLDCs, SIDS and they will not be as effective development and reduces other commodity-dependent unless the international trade poverty and inequality; countries in a globalising and investment regime is • Through the Enhanced economy; supportive of the MDGs and Integrated Framework and • Implementing innovative other internationally agreed the Aid for Trade initiatives, projects in the context of development goals. LDCs, collaborating with United international intellectual Landlocked Developing Nations (UN) agencies and property agreements, such Countries (LLDCs) and Small Is- international development as facilitating access to land Developing States (SIDS) partners including affordable HIV and AIDS are particularly challenged. International Monetary Fund drugs and advising on how to UNDP works in several areas to (IMF), International Trade protect native plant variety support developing countries: Centre (ITC), Organisation rights, traditional knowledge • Advocating for the for Economic Cooperation and natural resources. Global Partnership for and Development (OECD), Development - a more United Nations Conference Read more: http://www.undp.org/content/ favorable international on Trade and Devleopment undp/en/home/ourwork/ policy environment in areas (UNCTAD), World Bank (WB) povertyreduction/focus_areas/ such as international trade, and World Trade Organisation focus_trade_and_investment.html

Africa’s Innovators Are Open For Business By Catherine Jewell, Communications What is DEMO Division, WIPO Africa? “Africa is on the move,” US President DEMO Africa is Barack Obama told the Global a launchpad for Entrepreneurship Summit in Kenya new technology this summer. A new generation of start-ups. It is tech-savvy entrepreneurs with a place where a “can do” attitude is injecting Africa’s most dynamism into Africa’s start-up innovative scene, which is skyrocketing. The companies can continent is abuzz with innovation launch their and entrepreneurial activity. products and Tech hubs, incubators and other tell Africa and initiatives are popping up across the world what DEMO Africa 2014 featured the the continent, fueling a spirit of they have developed. Each year, inaugural SWELL Innovation optimism and unprecedented technology start-ups from across Award. As the Award winner, opportunities for growth. One Africa apply for a chance to Saisai Wireless, a start-up from such initiative is the public-private promote their innovations at the Zimbabwe, which provides free partnership, DEMO Africa. Harry annual DEMO Africa conference. We public Wi-Fi access by using idle Hare, Executive Producer of DEMO identify 40 of the most innovative bandwidth from WiFi routers and Africa, shares his views about start-ups to participate in that hotspots, won an all-expenses Africa’s gathering technological event. These are businesses that paid trip to Silicon Valley to take revolution. are solving real-world problems with high potential to succeed. part in the SWELL Innovation Tour.

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SWELL, a DEMO Africa partner, is a world, and especially in other kind of credibility in the market is global innovation partnership and developing countries. Until now, a big challenge. We are beginning corporate innovation accelerator. Africa has been a net consumer of to see chang- es in this, but it is (photo: Demo Africa) The DEMO technology, but now we are seeing happening very slowly. Africa conference brings Africa’s people developing and using home- tech ecosystem together in one grown technologies. We are also The fourth challenge is place. It’s an opportunity for seeing African-built technologies connectivity. Today, business Africa’s top start-ups to pitch their being exported around the world. survival can hinge on having access innovations to venture capitalists, It is a very exciting time to be in to business or client networks, but investors, technology buyers Africa and to be working in the many start-ups struggle because and the media from across the field of technology. Africa faces they do not have access to them. region and beyond, and to secure two challenges which have be Most people still have a phobia of investment and attract publicity come opportunities. The first is technology solutions coming from for their inventions. that we have a lot of problems. start-ups because they associate The second is that we are “under- start-ups with uncertainty. But What makes the African wired.” This has fueled the massive as big corporates start adopting technology sector so uptake of mobile phones across technology solutions from start- interesting? the continent which is creating ups and are increasingly willing to Africa’s tech space is fresh. Africa’s huge opportunities for mobile- partner with them on their go-to- new entrepreneurs are passionate based solutions. Start- ups have market strategies, there is some about what they do. They are recognised that the widespread movement in this area also. A fifth skilled and ambitious and have a uptake of mobile technology in challenge relates to effective use lot of energy. This is a potent mix Africa means there is a huge of intellectual property (IP). IP which is generating a great deal of and expanding market for their is fundamental to the success of enthusiasm and belief in Africa’s products. That explains why well these companies. They need to potential to join the global stage. over 50 percent of the applications protect their innovative assets, The continent has a diverse and launched through DEMO Africa are but more needs to be done to talented pool of young people mobile based. change perceptions within the and now we are beginning to start-up community and to drive see a commitment on the part of What are the main challenges home the message that IP is a governments to utilize this massive for African start-ups? friend of business and can enable source of brainpower to bring The first is access to capital. Many them to advance their goals. about positive change, especially find it difficult to attract the seed through technology. Africa has capital they need to establish Start-ups know they need to many problems, from education to proof of concept. Then, if they protect their ideas and their health and infrastructure, and the overcome that hurdle, they need businesses, and are generally technologies that are coming out capital to scale up their business. unwilling to share information of Africa are solving real problems A second challenge is capacity. about their products before a – this is what people are seeing Not technical capacity to develop non-disclosure agreement (NDA) and what they are interested in. the solutions, but the soft skills has been signed. But the way needed to get a product to market, they use NDAs is often counter How is the technology to handle sales, marketing, human productive. Overly preoccupied landscape in Africa changing? resources and so on. These skills with their own interests, they Since 2012, when DEMO Africa are critical for building up and often present potential investors launched, the start-up scene has sustaining a business. Many of with a one-sided, hostile NDA really taken off. The quantity these start-ups were established which does little to build trust or of these businesses is quite by technical specialists who simply cement a fruitful outcome. Start-u remarkable, as is their quality. have never had an opportunity p s need a supportive ecosystem One thing that really excites to learn the skills needed to run to thrive. Government has a key me about Africa’s technology a business successfully. A third role to play by putting into place landscape today is that for the challenge is credibility. Investors a robust regulatory framework first time in a long time, we are need to feel that start-ups are and business-friendly policies. By seeing technologies being built in credible partners with solid its nature, investment is a risky Africa, by Africans, for Africans, technologies that offer viable business, but governments can do but also usable anywhere in the business solutions. Creating that a lot to help de-risk it.

ARIPO MAGAZINE: Vol. 5, No.4, October - December 2015 7 HIGHLIGHTS OF EVENTS

What is the key to ensuring very difficult to have sustainable They benefit from business support the sustainability of Africa’s investment in African start-ups. and advice provided by a team of technology sector? Many Silicon Valley and European coaches and mentors at our boot Markets are the key to investors don’t really understand camps. These intensive three- sustainability. Markets are created the local environment, and day entrepreneurship training by producing real solutions to real therefore tend to shy away from courses cover all aspects of problems. When people can buy investing heavily in start-ups, so business development, including a product or a service that solves local investors play a key role. intellectual property. We groom a practical problem they face, It is a journey and we are slowly them to make an effective pitch at the market for that product will but surely making progress. We the launch event, and follow them grow. Africa has many challenges, are working with our partners for around six months after that but each of these is actually an to organize Angel Investor to help them with any unforeseen opportunity to develop practical Bootcamps to help mobilize early- challenges. Start-ups also benefit solutions and applications. We stage investors and to highlight from extensive media exposure don’t need to copy what others the huge potential of the African and crucially, they are plugged into have done, we simply need to tech sector. As part of DEMO DEMO Africa’s global network. If a look at all the problems we have, Africa 2014, we organized the first start-up launches at DEMO Africa, identify a need it can also and develop launch at other an application DEMO events to meet it. elsewhere. If Basically, we they decide to need to do enter the US our own thing market, for in Africa. This example, they is starting to can launch at happen and it DEMO in Silicon is very exciting. Valley, or if they want to enter Do you the Brazilian see any market they improvement can go to DEMO in the Brazil. investment climate? What lies DEMO Africa is an opportunity for Africa’s top start-ups to pitch their innovations to venture capitalists, We are seeing investors, technology buyers and the media. A new generation of tech-savvy “can do” entrepreneurs is ahead? growing injecting dynamism into Africa’s start-up scene. DEMO Africa is a place where Africa’s most innovative We are companies can launch their products. (photo: Demo Africa) recognition beginning to within the investment community Annual Angel Investor Summit, see world-class products and that Africa’s growing tech scene which was a great success and solutions coming out of Africa, and offers significant investment resulted in the formation of the people outside the continent are opportunities. Investors have a key African Business Angels Network taking note. We have also started role to play because investment (ABAN). A similar event is being seeing joint venture projects takes entrepreneurs from where organized as part of DEMO Africa between African entrepreneurs they are to where they want to be 2015 and will bring together a and their counterparts in other and the success of any start-up growing number of investors countries. But more importantly, depends on its ability to scale-up from across the continent and we are seeing increased interest its operations. But we do still have elsewhere. by venture capital firms from both some way to go with respect to within Africa and in Europe and engaging local investors, who are What benefits do start-ups get the United States. All these factors still more comfortable investing in from DEMO Africa? point to a very fertile space where brick and mortar projects. Until DEMO Africa offers start-ups a big-ticket solutions will start to the local investment community launchpad for their products and emerge. fully recognizes the value of an opportunity to attract much- investing in technology, it will be needed investment and publicity.

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Declaration Of The Council of Ministers At Its Fifteenth Session Held In Lusaka, Republic Of Zambia authorities responsible for Intellectual Property should play a leading role in the process of establishing PAIPO;

5. RECALLING the Heads of State and Government Decision of June 2014 (Assembly/ AU/Dec.522 (XXIII)) which reads in part: “Takes note of the Draft Statute of the Pan African Intellectual Property Organization (PAIPO) and REQUESTS the Commission to submit it to the Specialized Technical Committee on Justice and Legal Affairs for consideration and appropriate recommendations”.

6. TAKING COGNISANCE of the recent developments in the review of the Draft Statute of ARIPO Council of Ministers Director General Fernando dos Santos, Hon Kahinda Otafiire, H E the Pan-African Intellectual Inonge Wina, and Hon Margaret Mwanakatwe. Property Organization (PAIPO) which cater for The Council of Ministers of the the Executive Council on the some of the concerns raised African Regional Intellectual report of the First Ordinary earlier by the Governing Property Organization (ARIPO), Session of Ministers in charge Bodies of both the African meeting at its fifteenth Session in of Science and Technology Regional Intellectual Property Lusaka, Republic of Zambia, issued (AMCOST 5 held in Brazzaville, Organization (ARIPO) and the the following Declaration on this Republic of Congo, from 12 African Intellectual Property Twentieth Day of November, 2015: to 15 of November 2012); Organization (AIPO/OAPI); 1. RECALLING the Heads of State • DECIDED to create the Pan- 7. STRONGLY RECOMMENDS and Government Decision in African In tellectual Property That the setting up of 2007 (Assembly/AU/ Dec.138 Organization (PAIPO); (VIII)) to establish the Pan- PAIPO must ensure that it coexists with ARIPO and African Intellectual Property • TOOK NOTE of the offer by OAPI and capitalise on their Organisation (PAIPO) and which the Government of Tunisia to remarkable achievements requested the African Union to host PAIPO and expresses its and complement the work of ensure that the implementation appreciation for this offer; of the decision is undertaken in these two regional Intellectual Property Organizations; collaboration with the African • REQUESTED the Commission Regional Intellectual Property to convene a meeting of all 8. EMPHASIZES that the Organization (ARIPO), the stakeholders dealing with Ministers responsible for African Intellectual Property intellectual property in the Intellectual Property in AU Organization (AIPO/OAPI) and implementation of this decision; the World Intellectual Property Member States should lead the implementation of the decision Organization (WIPO): 4. NOTING the outcome of the of the Heads of State and 2. Joint Meeting of the Chairmen Government on the creation 3. FURTHER RECALLING that of the Council of Ministers of of the Pan-African Intellectual in 2013, the Heads of State ARIPO and OAPI held from 10 Property Organization (PAIPO) and Government adopted to 11April, 2014, in Harare, which should focus on policy another Decision contained Zimbabwe which requested coordination and strategic in document DOC.EX.CL/766/ the African Ministerial direction for the development (XXII) in which, among Conference on Science and of the Intellectual Property other things, the Assembly: Technology (AMCOST) among system in Africa. other things to consider that • TOOK NOTE of the decision of the Ministries/ Competent

ARIPO MAGAZINE: Vol. 5, No.4, October - December 2015 9 HIGHLIGHTS OF EVENTS

As of December 7, 2015, the African Regional concrete results of the International Co-operation Intellectual Property Organization (ARIPO) and programme managed by OHIM in collaboration the Institute for Intellectual Property of Bosnia with its international partners. and Herzegovina (IIP-BIH) have made their trade mark data available to the TMview search tool. With ARIPO and IIP-BIH on-board, TMview now contains data from 53 participating offices. With ARIPO’s member states are Botswana, Gambia, the addition of about 25.000 trade marks in total Ghana, Kenya, Lesotho, from ARIPO and IIP-BIH, Malawi, Mozambique, TMview now provide Namibia, Sierra Leone, information and access Liberia, Rwanda, São to more than 34,6 million Tomé and Príncipe, trade marks in total. Somalia, Sudan, Swaziland, Tanzania, Since the introduction Uganda, Zambia and of TMview on 13 April Zimbabwe (a total of 19 member states). 2010, the tool has served more than 16,9 million searches from 151 different countries, with Spain, The increasing cooperation and involvement Germany and Italy among the most frequent of OHIM with African countries is an important users. strategic step. You can find out more at www.tmview.org The integrations of ARIPO and IIP-BIH are

to give full timelines applicable.Currently, it recognition to can take many years for a trade international mark application to be examined member (Madrid) at the Registry and finalised due to registrations, the fact that the Registry’s records local are not fully computerised, and stateS news practitioners they are struggling with backlogs are rather stretching back many years. sceptical as to whether the Until such time as the Registry The Gambia - Accession Registry would be able to examine can show that they can process to the Madrid Protocol applications and communicate applications within the strict objections to WIPO within the strict timeframes allowed by the The Gambia became the Madrid Protocol (12 latest African country to – 18 months), it ratify the Madrid Protocol would be advisable to when its instrument of rather secure national accession was deposited registrations to avoid with WIPO on 18 possible question September 2015. The marks surrounding the Protocol will come into validity of international force on 18 December registrations 2015. designating The Gambia. Although the trade mark laws of The Gambia were amended in July of 2015

10 ARIPO MAGAZINE: Vol. 5, No.4,october - December 2015 member state news

United Republic Of Tanzania Joins UPOV The United Republic of Tanzania Salaam on September 28, 2015. has signed the Arusha Protocol The United Republic of Tanzania for the Protection of New became the fifth ARIPO Member Varieties of Plants. State to sign the Protocol. Four Member States, namely; The Hon. Stephen M. Wasira (MP), Gambia, Ghana, Mozambique Minister of Agriculture, Food and São Tomé and Príncipe signed Security and Cooperatives the Protocol on its adoption at signed the Protocol on behalf a Diplomatic Conference that of the Government of the was held in Arusha, the United Hon. Stephen M. Wasira (MP), Minister of Agriculture, Food Security and Co-operatives United Republic of Tanzania Republic of Tanzania on July 6, signed the Protocol on behalf of the Government at a ceremony held in Dar es 2015. of the United Republic of Tanzania. Alongside WTO Ministerial, Officials Stress Gains On TRIPS And Health NAIROBI, Kenya - On the sidelines compulsory licences for the export their medication fully and have of the World Trade Organization of the medicines, including generics. continued to receive support from Ministerial Summit this week in development partners, according Nairobi, senior officials from the As of 15 December, 22 more to Mohammed. “So governments Kenya gov- ernment, Joint United signatures were needed to make the must identify options for long-term Nations Programme on HIV/AIDS amendment permanent. Initially, financing for this cost. This becomes (UNAIDS), civil society and others WTO members had set themselves more urgent as African countries dis- cussed a WTO intellectual until 1 December 2007, but recently move to the middle income bracket, property rights amendment on extended the deadline to 31 where they have the potential to use public health to better enable poor December 2017. Officials say action various flexibilities within the TRIPS nations to access essential medicines is urgently needed to accelerate the agreement,” he said. [clarified]. This is one of the side scaling-up of access to antiretroviral events to the Ministerial, which runs (ARV) medications for Africa’s 26 Tim Martineau, a director at the from 15-18 December. Under the million people living with HIV, who UNAIDS Executive Office, said it theme of Trade and Public Health require the medication to prolong was extremely important for nations in the context of ending AIDS, the their lives. to continue to look at the issue of event took stock of gains, challenges health and well-beings of humans in and opportunities for the long term “I urge African governments which the context of private sector growth, accessibility of the medicines. The have not signed [the agreement] trade and business. According to access was guaranteed through to do so to guarantee the access to Martineau, the role of the private flexibilities reinforced at the WTO medicines, even as Africa continues sector as engines of development Ministerial Conference in Doha, to improve her pharmaceutical is an increasing focus as nations Qatar in 2001. capabilities,” Adan Mohammed, look into the future, in the light of Kenya’s Cabinet Secretary for the new United Nations Sustainable A 2005 amendment to the WTO Ministry of Industrialisation and Development Goals (SDGs). “It Agreement on Trade-Related Aspects Enterprise Development, told the is imperative that we find ways to of Intellectual Property Rights high-level side event. “This is balance the interests of the health (TRIPS) seeks to make permanent because the economic liabilities with the interests of private growth the 2003 temporary waiver referred that come with HIV are enormous. and industry,” he said. to as the “Paragraph 6” solution HIV has shifted from being because it fulfilled paragraph 6 death sentence because of the Globally, about 16 million of the of the 2001 Doha Declaration cost required to debt sentence,” world’s 34 million people living on TRIPS and Public Health. It said Mohammed. With this cost with HIV are now on antiretroviral incorporates additional flexibilities burden, many African governments treatment (ART), unlike 2001-2003 into the agreement to grant special have been unable to pay for when only a few hundred accessed

ARIPO MAGAZINE: Vol. 5, No.4, October - December 2015 11 MEMBER STATES NEWS

who have made At the same time, Professor Carlos investments in Correa, special advisor on trade and scientific research intellectual property at the Geneva- in ART medication, based international organisation the in HIV vaccine South Centre and a panellist at the development and event, said the issue for countries the value chain was not to have the flexibilities of production written in the law, but to use them and access to effectively. One particular case is medicines, said compulsory licensing, according to Reverend Canon Correa. It means the government Rosemary Mbogo, may decide for various reasons to an Anglican grant a certain company the right clergy who chairs to use a patented invention without Adan Mohammed, Kenya Cabinet Secretary for Ministry of Kenya’s National the consent of the patent owner, he Industrialization and Enterprise Development. AIDS Control ex- plained. “Developed countries the medicines. Then, the treatment Council (NACC). “Availability of HIV have extensively used compulsory was about US$15,000 per person medication and investment in HIV licensing. It an old institution that per year, but now it has come prevention are not an option for has been used since 1925,” said down as low as US$200 per year in governments, particularly in sub- Correa. “I say so because sometimes Kenya, for example. “In the heart Saharan Africa. They are a primary when a developing country issues a of that change and scale-up is the economic and trade agenda,” said compulsory licence, there is a lot introduction of TRIPS flexibility,” Mbogo. “HIV and AIDS provides of political [pressure] about the said Martineau. “These are changes the platform to rally member states licence. There are arguments in the that are essential to continue to that have not signed the TRIPS press by some companies that this move forward the AIDS response.” agreements to do so, to secure is weakening intellectual property These gains have been possible access and affordable medicines, system.” with support of the private sector, including generics,” she added.

Intellectual Property Has Potential To Fuel Economic Growth

property has She advised people in Africa to evolved into a nurture innovations to realise this strategic policy growth. She said technology was instrument for offering all domains in people’s stimulating lives and commended ARIPO economic organisers for emphasising and growth. raising capacity in member states. And speaking earlier, PACRA The Minister Chief Executive Officer Anthony was speaking Bwembya called for compliance in Lusaka and international best practices today when she in tackling changes to national opened the 39th and global trends on intellectual Minister of Commerce Margaret Mwanakatwe. session of the property. African regional Minister of Commerce Margaret Intellectual Property Organization, Mr. Bwembya disclosed that Mwanakatwe says intellectual (ARIPO) Administrative Council. his institution was reviewing property has the potential to The five day meeting has attracted intellectual property laws and that stimulate economic growth. Mrs. 19 countries including the host, PACRA has made significant strides Mwanakatwe said intellectual Zambia and it is being organized to automate legal procedures property has been stimulated by Patents and Companies using information technology. through innovations. Mrs. Registration Agency (PACRA) – Mwanakatwe said intellectual Zambia. LUSAKA TIMES

12 ARIPO MAGAZINE: Vol. 5, No.4,october - December 2015 Most outstanding Employee of the month Staff MATTERS

Mr. Milos Nhokwara, the visitors at the ARIPO Reprographic Clerk is stand. the Most Outstanding Employee for the month Mr. Nhokwara received of November 2015. Mr. a Certificate of Merit, Nhokwara coordinated a shield and token all preparations for the prize money. In his 2015 SMEs Expo (Harare, acceptance speech, Mr. October 21 – 24). ARIPO Nhokwara attributed his was awarded the Silver success to teamwork and Medal in recognition of the collaboration within the good services rendered to Organization.

ARIPO Long Service Awards

ARIPO MAGAZINE: Vol. 5, No.4, October - December 2015 13 STAFF MATTERS

ARIPO Most Outstanding Employee For 2015

The runner up was Mrs Patricia Gatsi the Finance Assistant in the Finance Department. She walked away with a shield, a certificate, a TV and a grocery voucher worth $300.

The ARIPO most outstanding employee is Mr. Milos Nhokwara who is the Reprographic Clerk in the Documentation and Publications Section.

He walked away with a shield, a certificate and an all expenses paid trip to Mauritius.

14 ARIPO MAGAZINE: Vol. 5, No.4,october - December 2015 FEATURE ARTICLE Intellectual property for an emerging Africa The African Ministerial Conference 2015: Intellectual Property for an Emerging Africa co- organized by the Government of Senegal and WIPO in cooperation with the African Union (AU), and the Japan Patent Office in Dakar, Senegal from November 3 to 5, 2015 is an opportunity to explore the relevance of intellectual property (IP) to African economies and its role in supporting the development of vibrant innovation ecosystems and creative industries across the continent.

In the global knowledge economy, innovation, Mr. Francis Gurry, Director General, World Intellectual Property creativity and IP hold far-reaching promise for Organization. spurring economic growth, trade and employment makers in Africa and across the world. in countries at all stages of development. Realising this promise, however, is not automatic. Each “Africa has a great tradition of innovation and creativity... nation must find the right mix of policies to mobilize and innovation is a central driver of economic growth, the innate innovative and creative potential of its development and better jobs. It is the key for firms to economy. compete suc- cessfully in the global marketplace...”

Today, the intellectual component of production is Over the years, the main IP focus in Africa has been far greater than in the past and IP is an indispensable to establish and develop basic IP infrastructure, mechanism for translating that know how into regulatory frameworks, capacity building, and a tradeable commercial asset and capturing the human capital. The goal now is to put these IP competitive advantage that it represents. IP rights tools to work in support of the economic objectives establish a secure legal framework for investment in of African economies. and commercialisation of innovation and creativity, enabling firms, including innovative start-ups, to Africa has a great tradition of innovation and navigate the perilous process of transforming an creativity and has extraordinary creative resources idea into a commercially viable product and to but has often struggled to realise their full economic compete with success in the global marketplace, potential. That is changing. Increasingly, African while safeguarding the public interest. As such, economies are seeking to add value to their IP is a key factor in creating an environment in innovative and creative resources through the which innovation and creativity can flourish and IP system. Although African economies still face generate future growth and prosperity. many competing and compelling policy priorities, innovation and IP are slowly but surely rising up It can only deliver these benefits, however, when the African policy agenda. the IP system is based on an appropriate policy mix that balances the often competing interests of I believe that Africa is on the cusp of something producers on the one hand and consumers on the new and exciting. Today, the continent is home to other hand. This is the challenge that faces policy-

ARIPO MAGAZINE: Vol. 5, No.4, October - December 2015 15 FEATURE ARTICLE some of the world’s fastest growing economies and strategic importance of IP as a driver of economic African nations are embracing the opportunities and social development and poverty reduction afforded by the knowledge economy and the digital across the continent. revolution to reduce poverty, enhance agricultural productivity, and boost industrial competitiveness in their drive to secure sustainable and inclusive development.

The 2015 Global Innovation Index (GII)reveals positive developments in the African innovation landscape. Mauritius, South Africa and Senegal top the Sub-Saharan Africa rankings this year, and a growing number of African economies are punching above their economic weight in the area of innovation. For example, in Sub-Saharan Africa, low income economies like Rwanda, Mozambique and Malawi are now performing on a par with middle-income economies. Similarly, Burkina Faso, Kenya, Mali, and Uganda are generally outperforming other economies with similar levels of development.

Despite limited means, these African economies are proving efficient in translating the investments they make in innovation and the creative economy into concrete outputs.

The African Ministerial Conference 2015 is an opportunity to explore with policy and thought leaders how IP can best support the scientific and technological transformation of African economies, and to deepen understanding of the

Communiqué of the fifteenth session of the council of ministers of ARIPO

1. The Council of Ministers of the Zambia, officially opened legal frameworks and African Regional Intellectual the Fifteenth Session of the domesticating international Property Organization Council of Ministers. The legal instruments to (ARIPO) (hereafter referred Vice President congratulated allow the country to to as “the Organization”) held ARIPO for the achievements fully benefit from the its Fifteenth Session at the made in the last 39 years of Intellectual Property system. Taj Pamodzi Hotel, Lusaka, its existence, and particularly Zambia from November 19 mentioned the adoption of 3. The Council of Ministers to 20, 2015 and was graced the Swakopmund and the took note of the following by the presence of Her Arusha Protocols, capacity documents: Excellency, Mrs. INONGE M. building activities, and • Report of the Chairman WINA, and the Vice President infrastructure developments of the Administrative of the Republic of Zambia. at ARIPO. The Vice President Council regarding the stated that the Government decisions taken by the 2. Her Excellency, the Vice of Zambia is reviewing Thirty-Ninth Session President of the Republic of the Intellectual Property of the Administrative

16 ARIPO MAGAZINE: Vol. 5, No.4,october - December 2015 FEATURE ARTICLE

Council that was held in Lusaka from responsible for Intellectual Property in AU November 16 to 18, 2015; Member States to lead the implementation • Report of the Director General on the of the decision of the Heads of State and Activities undertaken in 2014 and 2015 Government on the creation of the Pan-African under the Consolidated Medium-term Intellectual Property Organization (PAIPO) Strategic Plan for 2011-2015; which should focus on policy coordination • Report on the Financial Position of the and strategic direction for the development Organization; of the Intellectual Property system in Africa. • Report on the ARIPO-WIPO-KOICA Project for the Modernization of the ICT 5. The delegation of Malawi offered to host the Infrastructure of the ARIPO office and Sixteenth Session of the Council of Ministers. those of its Member States; The Council expressed its appreciation to • Status of the Construction of the the Government of Malawi for the offer. Extension of the ARIPO Headquarters Building; 6. The Council expressed its gratitude to the • Report on the adoption of the Arusha Government and the people of Republic Protocol for the Protection of New of Zambia for the warm hospitality and Varieties of Plants; excellent arrangements made for the • Report on the Implementation of the Fifteenth Session of the Council of Ministers. Mandate on Geographical Indications; • Report on the Implementation of the 7. The Council of Ministers also expressed its Five-year Development Plan (2011- appreciation to the co-operating partners 2015) of the ARIPO Academy; of ARIPO for their continued support to the • Report on Copyright and Related Rights; Organization and participation in the Fifteenth • Report on the Recent Developments Session of the Council of Ministers of ARIPO. of Intellectual Property in Africa. 8. Six (6) Ministers and Twelve (12) Senior 4. The Council of Ministers considered the Officials participated in the Session of the recent development of Intellectual Property Council of Ministers. Also present were Inter- in Africa, especially the creation of the Pan- governmental Organizations, Co-operating African Intellectual Property Organization Partners, and Private Intellectual Property (PAIPO) and adopted a Declaration to that Practitioners. end. The Council called on the Ministers

Commence of practical sessions for the 8th Cohort of the Masters in Intellectual Property

Jointly offered by: (WIPO) Academy, the African Regional Intellectual Prop- the World Intellectual Property Organization (WIPO); erty Organization (ARIPO) and Africa University (AU), the African Regional Intellectual Property Organization with financial support from the Government of Japan. (ARIPO); and Africa University (AU) The Program runs for twelve months, from May 1, 2015 2016/2017 to April 30, 2016 and ADMISSIONS is structured in three THE PROGRAM parts, as follows: Applications are First Part (May 1 invited from suitably to July 20, 2015): qualified candidates WIPO Academy for admission into the distance learning Masters in Intellectual courses, taught via Property (MIP) Pro- the Internet. Second gram jointly offered by Part (August 3 to the World Intellectual December 4, 2015): Property Organization Residential phase

ARIPO MAGAZINE: Vol. 5, No.4, October - December 2015 17 FEATURE ARTICLE

(A United Methodist-Related Institution) Investing in Africa’s Future

Masters Degree in Intellectual Property (MIP)

Jointly offered by: the World Intellectual Property Organization (WIPO); the African Regional Intellectual Property Organization (ARIPO); and Africa University (AU)

2016/2017 ADMISSIONS

THE PROGRAM Applications are invited from suitably qualified candidates for admission into the Masters in Intellectual Property (MIP) Pro- gram jointly offered by the World Intellectual Property Organization (WIPO) Academy, the African Regional Intellectual Prop- erty Organization (ARIPO) and Africa University (AU), with financial support from the Government of Japan.

The Program runs for twelve months, from May 1, 2015 to April 30, 2016 and is structured in three parts, as follows: First Part (May 1 to July 20, 2015): WIPO Academy distance learning courses, taught via the Internet. Second Part (August 3 to December 4, 2015): Residential phase requiring physical attendance at lectures undertaken at Africa University in Mutare (Zimbabwe) and practical training sessions at ARIPO in Harare. Third Part (December 6, 2015, to April 30, 2016): Dissertation writing on an approved topic. The Program adopts a comparative approach, with particular emphasis on Africa. Lectures are given by leading academics, IP practitioners, intellectual property officers and other experts drawn from various universities and IP offices in Africa.

The provisional curriculum of the Program is available on the following website: (http://iplg.africau.edu/index.php/masters- in-interllectual-property), the WIPO Academy (www.wipo.int/academy) and ARIPO (www.aripo.org).

ADMISSION REQUIREMENTS The MIP Program is open to government officials, mature students and young professionals from academic, research and development or other relevant background who wish to upgrade their knowledge and skills in IP law and practice. To be eli- gible, candidates are required to hold a minimum of a Bachelor’s degree (second lower class) from a recognized university in any discipline and have at least two years work experience. Proof of English proficiency is required.

AWARD Upon satisfactory completion of the program, participants will be awarded a Masters Degree in Intellectual Property (MIP) by Africa University on behalf of WIPO and ARIPO.

FEES COSTS AND SCHOLARSHIPS With a view to contributing to the development of human resources in the field of IP in Africa, WIPO, ARIPO and the Gov- ernment of Japan will provide approximately 30 scholarships to qualified candidates from Africa. The scholarship will cover tuition, registration and accommodation fees estimated at US$4900.00 (subject to annual review). The scholarship shall also cover the cost of a return air ticket, and medical insurance for the duration of the residential program.

Self-sponsored students may be eligible for partial tuition waiver by Africa University. The estimated cost of meals during the residential phase of the program is about US$350.00 per month.

APPLICATION PROCEDURE Interested candidates fulfilling the above mentioned requirements are invited to send their written applications to the fol- lowing address:

Assistant Registrar-Academic Affairs Africa University P.O. Box 1320 Mutare Zimbabwe

Candidates may also download application forms from the Africa University link below and email the completed form and accompanying documents to [email protected] or [email protected]

Application forms shall be accompanied by detailed curriculum vitae, certified copies of university degree certificates/ diplomas and transcripts and at least two letters of reference. These documents are to be received by Africa University no later than February 28, 2015. Applicants wishing to be considered for the various scholarships should specifically indicate so in their application.

18 ARIPO MAGAZINE: Vol. 5, No.4,october - December 2015 Member States Contact Details

BOTSWANA MALAWI SUDAN Registrar’s Office: Registrar General’s Office Registrar General’s Office: Mr Conductor P Masena Mr Chapusa Domino Phiri Mr Adil Khalid Hassan Hilal Registrar General Registrar General Registrar General of Intellectual Property Companies and Intellectual Property Authority Ministry of Justice Ministry of Justice Plot 181, Department of the Registrar General P.O. Box 744 Old Ministry of Trade and Industry Building Pagat House KHARTOUM, Sudan Government Enclave Off Paul Kagame Highway P.O. Box 102 P.O. Box 1780 Tel.: 249183573754; 249183760580 GABORONE, Botswana LILONGWE, Malawi Fax: (249-83) 779841 Cell: 249-912230760 Tel: 267-395386 / 3673702 E-mail: [email protected] E-mail: [email protected] Cell: (267) 3953286 Fax: 267-3188130 MOZAMBIQUE SWAZILAND E-mail: [email protected] Industrial Property Department Registrar General’s Office: Mr Jose Joaquim Meque Mr Stephen Magagula THE GAMBIA Director General Registrar Registrar General’s Office: Industrial Property Institute of Mozambique (IPI) Intellectual Property Office Mr Cherno Marenah Ministry of Industry and Trade Ministry of Commerce, Industry and Trade Registrar General Rua Consigliere Pedroso No. 165 Third Floor, Ministry of Justice Building Ministry of Justice P.O. Box 1072 Usuthu link Road 4 Marina Parade MAPUTO, Mozambique MBABANE H100, Swaziland BANJUL, The Gambia Tel.: (258-21) 354900/10 Tel: (268) 24042336 / 2372 Tel.: (220) 4229541/4222468 / Fax: (258-21) 354944 Cell: (268) 76043812 Deputy: 4222484 Cell: (258) 843006215; 258-21354900; Fax: (268) 24042506 Cell: (220) 9987460 258-823014374 E-mail: [email protected] Fax: (220) 4225352/ 4393197 D/L E-mail: [email protected]; E-mail: [email protected] [email protected] TANZANIA Registrar’s Office: GHANA NAMIBIA Mr Frank Kanyusi Frank Registrar General’s Office: Registrar General’s Office: Chief Executive Officer and Mrs Jemima Oware Mr. Tileinge Andima Registrar of Patents and Trade Marks Acting Registrar General Chief Executive Officer Business Registrations and Licensing Agency Registrar General’s Department Business and Intellectual Property Authority (BRELA) P O Box 118 (BIPA) Ushirika Building ACCRA, Ghana 7 Gold Street, Prosperita Industrial Park Lumumba Street P.O. Box 185 P.O. Box 9393 Tel.: 233-3302664279 WINDHOEK, Namibia DAR-ES-SALAAM, United Rep. of Tanzania Fax: (233-21) 666081/662043 Cell: 233-244287264 Tel.: +264 612994400 Tel No.: (255-22) 2180139/2181344/2180113 E-mail: [email protected] Fax: +264 61401061 /2180141, D/L 2180048/2180385 E-mail: [email protected], [email protected], Cell No: (255) 713474265 KENYA [email protected] Fax No: (255-22) 2180371 Kenya Industrial Property Office: E-mail: [email protected] Mr Mr Sylvance Sange RWANDA Acting Managing Director Mrs Louise Kanyonga UGANDA Kenya Industrial Property Institute Registrar General Registrar General’s Office: Popo Rd. off Mombasa Rd. South “C” Office of the Registrar General Mr. Twebaze Bemanya Weights and Measures Complex Rwanda Development Board (RDB) Registrar General Uganda Registration Services Bureau (URSB) P.O. Box 51648 -00200- KN 5 Rd, KG 9 Ave P O Box 6239 Plot No. 5, George Street NAIROBI, Kenya KIGALI, Rwanda Georgian House P.O. Box 6848 Tel.: (254-20) 602210/11; Tel: +250 788 679086 KAMPALA, Uganda 254-725144610; Fax: +250 252 580388 254-6006312 Email: [email protected], Tel.: (256-41) 4235915 /4233219; Fax: (254-20) 606312 [email protected] 256772409013 Cell: (254) 702002020 Fax: (256-41) 4250712 E-mail: [email protected], SÀO TOMÉ AND PRÍNCIPE Cell: 256772711115; [email protected] Mr Domingos da Silva da Trindade E-mail: [email protected]

E-mail for PA: Kafunjo Twinomujuni LESOTHO Director of Industry Ministry of Tourism, Commerce and Industries [email protected] Registrar General’s Office: National Office of Industrial Property (SENAPI) Mrs Sentsuoe Mohau Rua Viriato da Cruz 1º Andar DTO Registrar General ZAMBIA P BOX: 198 Registrar General’s Office (RGO) Registrar’s Office: SÀO TOMÉ, Sào Tomé and Príncipe 2nd Floor, Mr Anthony Bwembya Africa House Registrar & Chief Executive Officer Tel: +239 2226810 Government Complex Patents and Companies Registration Agency Mobile: +239 991 2997 Phase II (PACRA), Head Office E-mail: [email protected] P.O. Box 33 Plot No. 8471, PACRA House, Haile Selassie Avenue, Longacres, MASERU 100, Lesotho SIERRA LEONE P.O. Box 32020 Registrar General’s Office: Tel.: (266-22) 324121/312856 Mrs Haja Mariama Seray Kallay LUSAKA, Zambia Fax: (266-22) 316602/3 Administrator & Registrar General Cell: 266-58882220/22326101 (home) The Office of the Administrator and Tel.: (260-211) 255151/211- E-mail: [email protected] Registrar General (OARG) D/L 211-255127 Roxy Building, Walpole Street LIBERIA Fax: (260-1) 211-255426 FREETOWN, Sierra Leone E-mail: [email protected] Mr Robert Y Mezzeh [email protected] Acting Director General Tel.: (232-22) 26815/22854 Liberia Industrial Property Office (LIPO) Fax: (232-22) 224439 ZIMBABWE Executive Mansion Ground Cell: 232-76221426 Controller of Patent’s Office Capitol Hill E-mail: [email protected], Mr. Fidelis Maredza, Controller of Patents, MONROVIA, Liberia [email protected] Trade Marks and Industrial Designs Tel: (231) 223011/6525562 SOMALIA Ministry of Justice, Legal and Parliamentary Affairs, 4th Floor, Century House East, Fax: (231) 244047 Registrar’s Office Cell: 231886525562 Mr Abdilahi Hayir Duale Cnr. N. Mandela Ave/Angwa Street E-mail: [email protected] Director General P.O. Box CY7704, CAUSEWAY [email protected] Ministry of Industry HARARE, Zimbabwe P.O. Box 928 MOGADISCIO, Somalia Tel: (263-4) 775544/6 775602 D/L 781835 Tel. No. (2521) 526312/272775/216460 Cell: (263) 712 869 620 Fax No. (2521) 658004 Fax: (263-4) 777372/775602 E-mail: [email protected] E-mail: [email protected] Sam Nujoma St      South African  KFC Embassy Ghana SA Elcombe Belgravia Embassy 17°47'58.1"S

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