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ARIPO’s Initiative on Traditional knowledge and Access and Benefit Sharing.

ARIPO’s Initiative on Traditional knowledge and Access and Benefit Sharing. By F.K MPANJU Patent Examiner (ARIPO ) Cape Town 19 th –24 th Nov. 2006. TOPIC CONTENTS. ARIPO Background ARIPO Initiatives on TK. Achievements Challenges Way forward Global debate on ABS

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ARIPO’s Initiative on Traditional knowledge and Access and Benefit Sharing.

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  1. ARIPO’s Initiative on Traditional knowledge and Access and Benefit Sharing. By F.K MPANJU Patent Examiner (ARIPO) Cape Town 19th –24th Nov. 2006.

  2. TOPIC CONTENTS • ARIPO Background • ARIPO Initiatives on TK. • Achievements • Challenges • Way forward • Global debate on ABS • ARIPO initiatives on ABS. Possible areas of collaboration • Conclusion

  3. ARIPO- background • Established on 9th December 1976 • Objectives: -protection of IP (Harare and Banjul Protocol) -harmonization of IP laws within MS, -promotion of IP and dissemination of information among others. Members –16 countries: -BW,GM,GH,KE,LS,MW,MZ,NA,SD,TZ,UG,ZM,ZW,SO,SL,SZ • Organs of ARIPO: -Council of ministers, Adm. Council, -Secretariat Finance and staff affairs committees - Board of appeal • Financing- -annual contribution and fee from protocol.s • Substantive activities: -Grant Patents, utility models, design, capacity building on IP

  4. ARIPO’s initiatives on TK, Genetic resources and Folklore • 2000-ARIPO’s proposal on initiatives on protection of Indigen. Knowl. -Mandate given by Council of Ministers. • Activities undertaken: • Participate in IGC process • Review of OAU model law • Assisted WHO dev IP guidelines on clinical studies in some African countries

  5. ARIPO’s Initiative cont. • Participated -OAU Plan of Action for implementing the declaration of the decade 2001 to 2010 as a decade for traditional Medicine by OAU Head of State at the 41th Summit Lusaka Zambia • Organized National and Regional awareness and sensitization workshops on protection of TK

  6. ARIPO’S initiative cont. • 2002-Proposal to extend our mandate to include GR and Folklore to enable ARIPO deal with issues in a coherent and concerted manner- • Mandate was given by council of Ministers. • Continued participating in National and International fora • Visited China and India to familiarize with development of TK databases.

  7. What has been achieved • Development of a concept paper on legal and policy options for for protection of TK • .Prepared a draft framework on protection of TK: -Harmonized with OAPI (2 revisions) -Draft Regional Legal Instrument of TK and Expression of Folklore -Launch to the Adm council to adopt as Protocol on TK and E of F -Develop a National legislation on protection of TK and F Establishment of TK database: -Study visit to China and India -Developed a prototype: -Codified TK (public domain TK- published)-prior art -Uncodified TK (undisclosed TK) for positive use for exploitation and protect disappearance of the knowledge: -need security and translation.-later stage

  8. What has been achieved cont. • A number of sensitization and awareness campaigns have been organized by ARIPO for member states and potential member states.

  9. Challenges • Lack of funds • Disclosure of information from Traditional Healers. • Distinction between individual and community ownership. • What to protect. • Documentation

  10. Way forward • Funds are being solicited from EPO,World Bank for completion of TKDL. • A draft Regional Legal Instrument of TK and Expression of Folklore that will be adopted in Maputo will be submitted to AU for possible developed into a common African Instrument on protection of TK and expression of Folklore.

  11. Biodiversity and ABS • Article 15 of CBD(Access and benefit sharing) • - Issues of (intellectual Property) -Contractual Agreements -Genetic resources and TK -Undisclosed information (Art 39 of TRIPS) Development of Regulatory Mechanism on ABS: -Bonn Guidelines- Certificate of origin • WIPO Guide book on intellectual property-Disclosure requirements in Patent Applications.e.g disclosure of origin-big debate • AU model law

  12. ARIPO initiative on ABS • ARIPO inaugurated its training center. • ARIPO-a center of excellence on ABS - Training modules – WIPO world wide Academy-to train TK holders,policy makers and parliamentarians etc. • Regulations-Assisting Member States –to design appropriate regulatory mechanism in ABS issues. • Developing a manual on contractual and licensing Agreements. • Develop a practical guide book – on how to protect indigenous knowledge rights of Tradition medicine practitioners.

  13. ARIPO Training Center

  14. Possible Areas of collaboration • Some issues of ABS are very difficult to understand since they involve IPRs, for that matter ARIPO would like to collaborate with you on: • Training and awareness promotion • Establishment of institutional structures and mechanism for the development of genetic resources and TK- R&D support • Standardization • Documentation (TKDL) • Foster institutional linkages. Partnerships and networking .

  15. ConclusionLets work together-Thanks

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