Intellectual Property Strategies For Development: Issues and

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Intellectual Property Strategies For Development: Issues and Challenges WIPO Second Annual Conference on South-South Cooperation on Intellectual Property and Development Ahmed Abdel Latif Senior Programme Manager, ICTSD 6 May 2013 Cairo

IP Strategies: Why? Growing importance of IP as a tool for innovation and economic growth Cross-sectoral impact of IP on a diverse range of areas and public policy objectives in health, environment, agriculture and education Holistic approach to the role of IP in development Establish clear nationally agreed objectives and priorities

What principles should guide the elaboration of IP strategies From WIPO DA perspective ? Consistency with development and public policy objectives Calibration of IP protection with with level of development and socio-economic circumstances Balance between intellectual property and the public domain, between benefits and costs Inclusiveness so that all relevant stakeholders are consulted and their inputs taken into account Use of IP for development and development oriented IP

IP strategies in developing countries A growing number of developing countries are in the process of formulating and/or implementing IP strategies under a variety of denominations (IP strategy/IP policy/IP plan of action) Examples include: China, Egypt, India, Rwanda, South Africa to name a few. While these strategies/policies share a number of common elements, they also differ in their approaches and focus.

Methodologies to formulate IP strategies Example of Development Dimension of IP (DDIP) methodology of UNCTAD Flexible to accommodate national particularities and basis for development of national IP Policies Tool: methodology with checklist of questions on.: Innovation and Technology transfer Access to medicines Access to knowledge Competition Enforcement & institutions Author: Prof Ruth Okediji, University of Minnesota, 2008 Used in Rwanda, Uganda, Indonesia, Nepal and Egypt

What should IP strategies address? USE OF IP FOR DEVELOPMENT DEVELOPMENT ORIENTED IP Promoting innovation and economic growth Improving IP administration Strengthening the Infrastructure supporting the use of the IP system Balanced IP regimes Using flexibilities, limitations and exceptions in IP rules Ensuring that IP is supportive of public policy objectives IP and competition policy TK protection

USE OF IP FOR DEVELOPMENT : Mapping Issues (1) Domestic coordination on IP Coordination on IP: Need for an institutional interagency mechanism to coordinate domestic and international positions on IP Ex: Brazil, Egypt, India, Rwanda, Senegal and South Africa

USE OF IP FOR DEVELOPMENT : Mapping Issues (2) Use of IPRs for economic development Patents : Use of patents by industry and public research institutions Copyright: Development of creative industries Trademarks, GIs and Industrial designs: Use by local industry and stakeholders Development of GIs in India and Sub-Saharan Africa Use of trademarks and certification marks for coffee (Ethiopia, Rwanda) and pashmina (Nepal)

USE OF IP FOR DEVELOPMENT : Mapping Issues (3) Improving IP administration Patents: Search and examination of patent applications ; guidelines for patent examination Copyright: Copyright administration and collective management Trademarks, GIs and Industrial Designs: Processing trademark applications and implementing GI regulations IPRs enforcement

USE OF IP FOR DEVELOPMENT : Mapping Issues (4) Infrastructure supporting the use of the IP system Promoting innovation and technology transfer: Elaboration and implementation of innovation strategies Commercialisation of publicly funded research Different approaches : “frugal innovation” in India, “indigenous” innovation in China, Brazil innovation strategy (Innova Brazil) Innovation and technology infrastructure: Attracting R&D and encouraging R&D collaboration

DEVELOPMENT ORIENTED IP: Mapping Issues (1) Ensuring IP is supportive of public policy objectives IP/public policies: Ensuring coherence and domestic coordination in implementation of IP and public policies in areas such as health, agriculture and climate change Participation in international fora: Ensuring coherence and coordination in positions

DEVELOPMENT ORIENTED IP: Mapping Issues (2) Use of flexibilities, limitations and exceptions Developing countries increasing using flexibilities and L&E: Some developing countries have more practical experience in this area than others Ex: CL for public health: Brazil, India and Thailand Reform of national IP laws: A number of developing countries have reformed/or are in the process of reforming their IP laws Ex : Copyright reform in Brazil and India

DEVELOPMENT ORIENTED IP: Mapping Issues (3) Genetic Resources, TCEs/Folklore Traditional Knowledge Genetic resources: implementing requirements and use of databases and disclosure Traditional knowledge and TCEs/Folklore: formulating and implementing national and regional laws and regimes on TK/TCEs protection

Some final cautionary notes No one size fits all IP strategies not an end in themselves Need of action plans, progress indicators and monitoring/evaluation to ensure effective implementation China: annual action plan (2013) to implement the national IPRs strategy (2008) Need of inbuilt review mechanisms to adapt to changing circumstances

Thank You Ahmed Abdel Latif aa[email protected]

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