The World Trade Organisation (WTO) defines Intellectual Property Rights (IPR) as the rights given to persons over the creations of their minds. IPRs usually give the creator an exclusive right over the use of their product or innovation for a certain period. These can be copyrights and other rights related to copyright or industrial property.
With this in mind, Intellectual Property Rights (IPR) also affect activities along value chains. From pre-production to post-production, IPR determines different aspects of a value chain: Who gets access to the production process, what they produce, the production process, the location of the production, and distribution of the products. Furthermore, IPR helps to unlock sustainable innovation and encourages players to invest in research and innovation due to the high possibility of returns. Through industry and cross-industry collaboration, IPR supports new entrants in value chains, which increases the number of producers in that respective value chain. For instance, through compulsory licensing, the monopoly effect of a patent is suspended, allowing third parties to produce and supply the patented product. Through this, IPRs can be enablers of technological innovation and accelerate the diffusion and transfer of new technologies.
Therefore, it is important that actors in value chains understand why and how to apply IPRs in product development processes and the effects of these rights on the activities of value chains. Medical Diagnostech, for example, was offered technical assistance by the Joint Action “Support towards Industrialisation and the Productive Sectors” in the SADC region (SIPS) programme to analyse potential intellectual property risks for components of COVID-19 diagnostics devices that they developed. The analysis helped them to evaluate IP infringements. A comprehensive prior art search was undertaken to assess the patentability of the product development. Numerous documents were uncovered, elucidating technologies similar to the subject matter, potentially diminishing novelty for patentability. Subsequent steps may involve exploring licensing agreements or pursuing new patents for distinctive features not encompassed by existing prior art. Notably, Medical Diagnostech, a recipient of the Joint Action SIPS program grant, is engaged in diagnostic product development.
Recognising the importance and implications of IPR on regional value chains, the SIPS programme incorporated IPR technical assistance and capacity building into activities. These activities are under component 1 of the SIPS, which focuses on enhancing the policy, regulatory, and business environment at national and regional levels for the development and sustainable operation of regional value chains (for selected products) in the agro-processing and pharmaceutical sectors. Regional and global trade agreements formulate the conditions of intellectual property rights (IPR) protection, which are to be implemented in national legislation and which therefore constitute ground rules for the development of global and regional value chains (VCs). SADC intends to access foreign technology while protecting any industrial designs, patents and trademarks and any other IPRs that its Member States (MS) may generate or utilise in the industrialisation process.
To date, SIPS has provided technical assistance on IPR to 25 regional private sector stakeholders in the leather value chain, ARV manufacturers, and COVID-19-relevant medical products value chains. The technical assistance ensures that stakeholders get appropriate advice on Intellectual Property Rights (IPR) considerations during product development processes.
Beneficiaries and stakeholders of the SIPS programme undergo capacity building on IPR policies, regulations and compliance affecting the region, especially in the agro-processing and pharmaceutical value chains. In this regard, the SADC Secretariat organised a training programme on IPR for officials, policymakers, and small and medium-sized enterprises (SMEs) involved in the leather and ARV value chains. The training took place from the 5th October to the 15th October 2022 in Harare, Zimbabwe. The training raised awareness on issues impacting regional and national IPR policies and leather and ARV value chains. Participants learned to engage in IPR policy debates in their respective countries and to have a better understanding of IPR policies, regulations and compliance issues affecting their value chains.
Furthermore, SIPS provided IPR capacity building to strengthen the Zambia Pharmaceutical Manufacturing Initiative’s (ZPMI) knowledge of intellectual property rights. The training took place in Zambia on the 9th of October in coordination with the European Union Delegation to Zambia, the SADC Secretariat, and the African Regional Intellectual Property Organization (ARIPO). The overall objective of the training was to strengthen the regional and national IPR policies and regulations and TRIPS compliance, in particular by raising awareness among Zambia IP officials and policymakers on key issues impacting regional and national IP policies. The trainings targeted IP officials, policy makers, business owners and/or senior managers in the pharmaceutical industry.
SIPS is co-funded by the European Union and the Federal Ministry for Economic Cooperation and Development (BMZ) and managed by the Southern African Development Community (SADC) Secretariat.
