<incom> AU on a Pan-African Intellectual Property Organization

[Soenke Zehle]

AU
Addis Ababa, ETHIOPIA    P. O. Box 3243    Telephone  +251115- 517700 
  Fax: +251115- 517844
Website:  http://www.africa-union.org
HUMAN RESOURCES, SCIENCE AND TECHNOLOGY

EXTRAORDINARY CONFERENCE OF THE
AFRICAN MINISTERS OF COUNCIL ON
SCIENCE AND TECHNOLOGY (AMCOST)
20 – 24 NOVEMBER 2006
CAIRO, EGYPT

EXT/AU/EXP/ST/8(II)

ESTABLISHING A PAN-AFRICAN INTELLECTUAL
PROPERTY ORGANIZATION
(PAIPO)

A Concept Paper

Introduction

1.The rationale for creating an Africa-wide institution stems from the 
realization that Africa needs a mechanism to facilitate far-reaching 
changes in the arena of intellectual property.  However, such 
revolutionary reforms cannot be effected through exiting regional 
arrangements that are currently underpinned by geographical limitations 
and lack of continental inclusiveness.  It would thus be necessary to 
establish a new decision-making machinery that would engage the 
participation of all Member States.

2.In May 2006, the meeting on the African Group on Intellectual Property 
recommended the decision to establish a Pan-African Organization on 
Intellectual Property.  The WIPO-supported meeting was convened by the 
Department of Human Resources, Science and Technology and the AU-Genera 
Office to deliberate on a wide range of issues on intellectual property. 
  The decision to create an Africa-wide IP entity was well received; it 
also paved the way for the key stakeholders to begin discussions on 
commitment to achieve the institutional goal.  The eventual endorsement 
of the decision by African Ministers and the Summit in 2007 will set the 
stage for the establishment of a steering committee on IP and the 
preparation of a work plan to oversee the implementation of the Summit 
Decision.

Background and Statement of the Problem

3.This paper attempts to explore the following questions:  Why would 
Africa need to establish a Pan-African organization on intellectual 
property?  What benefits would such an institution generate for Member 
States?  Would the new Pan-African entity add value to the intellectual 
property activities of Member States?  Would the Continent be better off 
with this new entity?  Would countries’ capacity for inventiveness and 
innovation suffer in the absence of such an umbrella body?  Conversely, 
would creativity and innovation be catalysed by the operations of such a 
body?

4.These questions are as lingering as they are important.  They are also 
pertinent to leaders and policymakers.  Many Heads of State would have 
no objections to creating an umbrella institution if clear, measurable 
benefits can be ascertained.  No African leader would oppose the 
establishment of an intellectual property entity if the outfit will have 
a positive-sum effect on the IP processes of Member States.  The 
question that arises is whether such a proposal would meet the 
expectations of African leaders who would wish to be assured of real, 
quantifiable benefits accruing to their countries.

5.Many patent offices in Africa are facing major new challenges as the 
international system becomes increasingly globalized.  Moreover, the 
desire to build knowledge-based economies has made it necessary for such 
offices to obtain large chunks of IP information from various sources to 
enhance their functions.  It will be extremely costly for individual 
patent offices to manage huge databases and related IP technical 
information.  Indeed, the Africa-wide IP organization will serve as a 
cost-effective entity to streamline IP management in Africa.  As a 
public-service organization, the entity will thus benefit from 
increasing economies of scale as it seeks to serve the IP needs of the 
whole Continent.

6.Furthermore, the establishment of an Africa-wide IP structure would 
sharpen the visibility of IP issues as they relate to economic 
development.  This will add impetus to the leaders political will and 
commitment to inventiveness and innovation, thus emphasizing the 
significance of political leadership in such a strategic field of 
development.

7.At the present time, two regional organizations are managing 
intellectual property issues within two broad linguistic lines, namely: 
  the African Regional Intellectual Property Organization (ARIPO) 
serving 16 English-speaking African countries, and the Organization 
Africaine de la Propriété Intellectuelle (OAPI) serving 16 
French-speaking African States.  Thus, these regional IP entities cover 
32 countries out of a total of 53 Member States.  The remaining 21 
countries found mainly in North Africa are not represented by any 
regional institution.  They have each relied on their own national IP 
arrangements to address IP matters.  As such, if a continental body is 
established to manage IP affairs, then all Member States will be catered 
for.

8.The formation of the umbrella body does not imply the dismemberment of 
the two existing regional organization on IP.  The new structure would 
envisage sustaining OAPI and ARIPO as regional arrangements under its 
umbrella.  The modalities of how the whole set-up will look like (where 
OAPI and ARIPO are embodied) would be determined on the basis of various 
proposals and options to be considered.

Goal and Objectives

Goal:	

9.The goal of the Pan African Organization on Intellectual Property is 
to provide a broad-based platform for African Member States to benefit 
from a coordinated stock of specialized intellectual property knowledge 
and services with a view to promote innovation, techno-industrial 
competitiveness, and economic growth in Africa.

Objectives:

10.The objectives of the organization are:

1.Set IP standards that reflect the needs of Member States;
2.Set benchmarks for best practices on intellectual property;
3.Promote the growth of knowledge-based economies in Africa;
4.Facilitate the rationalization and harmonization of IP standards;
5.To collect, process and disseminate relevant information on 
intellectual property to Member States;
6.Facilitate the utilization of relevant IP information by Member States;
7.Assist Member States in training and capacity building on a wide range 
of IP matters.

The Review Process

11.The African intellectual property organization shall initiate regular 
reviews of the sate or progress in IP management among Member States 
with the aim of improving the protective climate for inventiveness and 
innovation.

The Way Forward

12.The initial step to realizing the establishment of a Pan-African 
system on intellectual property revolves around the need for key 
stakeholders to underscore their desire and commitment to such a 
venture.  A series of preliminary meetings between the African Union, 
ARIPO and OAPI will be necessary to set the agenda for its 
implementation.  Information about the relevance of this new entity has 
been well covered.  Also, the recent functional cooperation between 
ARIPO and OAPI has added onto the confidence-building measure vital for 
the evolution of the Pan-African IP structure.

13.The first formal meeting is scheduled to take place in Geneva on 21 – 
22 September 2006.  This meeting will determine the nature and direction 
of subsequent events.  It will also prepare the ground for considering 
the preparation of a draft document on the establishment of the 
continental institution.  This document will then be discussed by 
various stakeholders, including RECs, in a specially convened meeting to 
seek revisions and final acceptance.  All these activities are envisaged 
to take place after the 2007 Summit in Addis Ababa.  The Summit would 
only consider endorsing the decision to create the Pan-African body on IP.

14.An opportunity for further brainstorming is likely to take place in 
Addis Ababa.  When a meeting of AU, ARIPO, OAPI and RECs is expected to 
convene to define a common African position on traditional knowledge, 
traditional cultural expressions, and genetic resources.  This meeting 
is necessary in view of the fact that Africa needs to present a unified 
and common front on the above issues before the Inter-Governmental 
Committee on Traditional Knowledge, Traditional Cultural Expressions, 
and Genetic Resources presumes in December 2006.

15.It ought to be appreciated that the modalities of establishing the 
Pan-African IP set-up can begin at a much later stage after the decision 
by AU, ARIPO and OAPI has been formalized through AU technical 
processes.  The formal expression of commitment by the three 
institutions is critical for the subsequent phases of this project to be 
realized.