Science, Technology and Innovation

Indigenous knowledge and Intellectual Property Rights

During the SADC Ministerial meeting on STI in December 2008, member states recognised the importance of IPR at national level, particularly on IKS, and the importance of developing IPR structures and policies. Senior officials observed the need to share experiences and capacity building on the complex nature of IPR. The Ministers made decisions that the Seychelles SADC IKS Workshop should consider including discussions on intellectual property rights as related to IKS in their IKS workshop in June 2009. South Africa was mandated at the Ministerial meeting in December 2008 to host a regional workshop on IPR, which will be aimed at sharing of knowledge and experiences in IPR policy. The workshop on IPR will probably take place in South Africa in August 2009 and will be attend by SADC Member States and the stakeholder community. The workshop is designed for government officials in charge of legislation, policy making, and the regulation or enforcement of IPR and related rights. It should provide information on basic and recent IPR issues from the perspective of socio-economic development, increase understanding of the protection, exploitation and enforcement of IPR, and examine feasible mechanisms for implementing legal infrastructure in compliance with international standards and best practices in this field.

Objectives

The developmental objective of the workshop is the further promotion of the development of STI and commercialisation of scientific research and IKS through utilisation of intellectual property protection.

The specific objectives of the workshop are to –

  • identify those areas of science and technology where intellectual property rights protection is of major concern;
  • identify gaps between the areas of science and technology identified above and existing modern intellectual property law;
  • share national information on national patent law and policies on intellectual property rights relating to STI;
  • discuss strategies and possible sui generis mechanisms that could be used for protecting indigenous knowledge and biodiversity resources in order to contribute to a fair and equitable sharing of benefits.
  • identify action items in respect of alternative mechanisms for STI IPR.

Key Strategies

The SADC workshop on intellectual property rights intends to achieve its vision through the following key strategies:

  • Identification of consistency and gaps in the intellectual property legislation of SADC member states.
  • Development of a strategy to establish a comprehensive human capacity and skills plan for training intellectual property professionals and technology transfer specialists.
  • Development of various intellectual property leadership programmes, including organising high-level conferences and round-tables.
  • Consideration of developing or amending existing IPR legislation to protect STI in line with Pan-African Intellectual Property Organization.
  • Establishment of a database of expert on intellectual property.

The member states will stay relevant by offering programmes that enable the region to keep abreast of the latest developments in the ever-changing global intellectual property landscape.

Through its extensive regional network with other leading intellectual property institutions, professional bodies and industry partners, the region seeks to enhance the knowledge of intellectual property professionals and businesses, helping them to maximise their human capital.

Expected outputs

  1. Report of proceedings.
  2. A human capital development strategy for intellectual property professionals
  3. A draft regional framework for the protection of IPR in relation to STI.

Expected outcomes

At the end of the workshop, participants should have a better understanding of the following:

  • The state of intellectual property legislation in SADC member states.
  • Mechanisms for the use of the IPR system for the public good to tackle socio-economic problems.
  • The obligations conferred on member states by international treaties such as TRIPS and the Convention on Biodiversity and their impact on developing nations.
  • The issues of protecting and exploiting traditional knowledge, cultural expressions, including folklore, and biological resources.
  • The need to regulate, monitor and enforce IPR for the effective operation of the IPR system.
  • Resources and databases relating to IPR management and commercialisation in, and technology transfer between, universities/ research institutions and communities.
  • Alternatives to the Western IPR systems for STI, and the possible creation of sui generis mechanisms for protecting intellectual property.

New areas of collaboration among member states addressing various aspects of IPR in STI will also be identified.

Methodologies to be adopted

The major part of the workshop will consists of country reports on the status of intellectual property in individual member states, and presentations on selected themes by theme experts. The second session will allow for breakaway groups to discuss selected topics. The last session of the workshop will be designed to facilitate interaction among participants so that actions to incorporate the alternative mechanisms of IPR in STI can be identified.