Emerging Challenges, Opportunities and Emerging Challenges, Opportunities and Recent Developments for IPRTA to Developing Recent Developments for IPRTA to Developing
Countries-Countries-Uganda Trade and Intellectual Property (UTIP) Uganda Trade and Intellectual Property (UTIP)
ProgramProgramIPRT Forum 9-11 July 2008IPRT Forum 9-11 July 2008
MexicoMexico
Presented by Elizabeth TamalePresented by Elizabeth TamalePrincipal Commercial OfficerPrincipal Commercial Officer
Ministry of Tourism, Trade and IndustryMinistry of Tourism, Trade and IndustryUgandaUganda
2
3
Location of Uganda
44
IntroductionIntroduction
According to the TRIPS Council decision of 29 According to the TRIPS Council decision of 29 November 2005, LDCs were mandated to provide November 2005, LDCs were mandated to provide the TRIPS Council, preferably before 1 January the TRIPS Council, preferably before 1 January 2008, all possible information on their individual 2008, all possible information on their individual needs for technical and financial assistance for needs for technical and financial assistance for implementing the TRIPS Agreement. implementing the TRIPS Agreement.
The process was intended to catalyze the start-up The process was intended to catalyze the start-up of new national IP capacity building programmes of new national IP capacity building programmes for LDCs like Ugandafor LDCs like Uganda
55
ContCont Needs assessment for the implementation of TRIPS Needs assessment for the implementation of TRIPS
agreement done in July 2007 using tool kit developed by agreement done in July 2007 using tool kit developed by Saana Consulting and ICTSD, funded by DFIDSaana Consulting and ICTSD, funded by DFID
Oct. 2007 report submitted to WTO TRIPS CouncilOct. 2007 report submitted to WTO TRIPS Council The assessment identified long term requirements for The assessment identified long term requirements for
technical and capacity building in four major areas technical and capacity building in four major areas namely: policy, legal and regulatory framework; namely: policy, legal and regulatory framework; innovation, technology transfer, creativity and using IP innovation, technology transfer, creativity and using IP for development; IP administration, and IP enforcementfor development; IP administration, and IP enforcement
March-April 2008, March-April 2008, Uganda requested for short term Uganda requested for short term consultancy to move forward from the needs consultancy to move forward from the needs assessment stage and to formulate and implement the assessment stage and to formulate and implement the priority technical assistance projects within an overall priority technical assistance projects within an overall national capacity building programme on IP and TRIPS.national capacity building programme on IP and TRIPS.
Program facilitated by Saana Consulting and funded by Program facilitated by Saana Consulting and funded by DFIDDFID
66
Objective Objective
The overall objective of the follow up exercise was The overall objective of the follow up exercise was to follow-up Uganda’s TRIPS Council submission to follow-up Uganda’s TRIPS Council submission and the technical assistance needs assessment and the technical assistance needs assessment diagnostic studydiagnostic study
The specific objectives were to consult with key IP The specific objectives were to consult with key IP stakeholders in Uganda and potential stakeholders in Uganda and potential development partners and formulate a prioritized, development partners and formulate a prioritized, national IPR capacity building programme which national IPR capacity building programme which can be supported by Uganda’s development can be supported by Uganda’s development partners over the next 5 yearspartners over the next 5 years
77
Scope of WorkScope of Work
Undertook a detailed review of the needs Undertook a detailed review of the needs assessment diagnostic study of October 2007 to assessment diagnostic study of October 2007 to identify the potential priority areas for technical identify the potential priority areas for technical and financial assistance from potential and financial assistance from potential development partners (multilateral and bilateral)development partners (multilateral and bilateral)
Organized a half-day stakeholder workshop and Organized a half-day stakeholder workshop and series of individual consultations with key series of individual consultations with key stakeholder and development partners stakeholder and development partners to gather to gather inputs, discuss priorities and review the content of inputs, discuss priorities and review the content of the needs assessment diagnostic study. the needs assessment diagnostic study.
88
For each priority area identified, a brief For each priority area identified, a brief project proposal with detailed objectives, project proposal with detailed objectives, outputs, activities and budget was outputs, activities and budget was formulated.formulated.
An overall implementation structure to An overall implementation structure to arrange the management, co-ordination, arrange the management, co-ordination, monitoring and evaluation of the priority monitoring and evaluation of the priority projects within a coherent national projects within a coherent national framework for IP capacity building was framework for IP capacity building was designed.designed.
99
Establish National IP ForumEstablish National IP Forum
IP policy research/analytical studiesIP policy research/analytical studies
IP policy advisory support & workshops for IP policy advisory support & workshops for policy makerspolicy makers
Legislative development and reviewLegislative development and review
Study tours for policy makersStudy tours for policy makers
Participation in international rule makingParticipation in international rule making
Cluster 1: IP Regulation (Updating Cluster 1: IP Regulation (Updating national IP policy, legalnational IP policy, legal and regulatory and regulatory
frameworkframework))
1010
Development of optimal business model for IP Office at Development of optimal business model for IP Office at URSB with benchmarking studyURSB with benchmarking study
Technical assistance and training and enhanced human Technical assistance and training and enhanced human resources in IP Office at Uganda Registration Services resources in IP Office at Uganda Registration Services Bureau (URSB)Bureau (URSB)
Automation, networking and IT services for IPR registriesAutomation, networking and IT services for IPR registries
Remodelling and refurbishment of IP office premises, client Remodelling and refurbishment of IP office premises, client facilities & archivesfacilities & archives
Enhancement of front-office facilities and online web-based Enhancement of front-office facilities and online web-based interface for users of IP registriesinterface for users of IP registries
Study tours for IP office staffStudy tours for IP office staff
Cluster 2: IP Administration Cluster 2: IP Administration (Modernizing IPR Administration)(Modernizing IPR Administration)
1111
IP enforcement regulations and procedures for customs and IP enforcement regulations and procedures for customs and UNBSUNBS
Implementation of anti-counterfeiting & piracy legislation Implementation of anti-counterfeiting & piracy legislation through elaboration of regulations and proceduresthrough elaboration of regulations and procedures
Training of trainers and officers on IP at enforcement agencies.Training of trainers and officers on IP at enforcement agencies.
Tailored skills development & colloquia for judiciary & public Tailored skills development & colloquia for judiciary & public prosecutorsprosecutors
ICT equipment, webpage development, software and vehiclesICT equipment, webpage development, software and vehicles
Curriculum and trainer development at Law Development Curriculum and trainer development at Law Development Centre and Judicial Training Institute for legal practitioners, Centre and Judicial Training Institute for legal practitioners, public prosecutors and judiciarypublic prosecutors and judiciary
Study tours for judiciary & IP enforcement authoritiesStudy tours for judiciary & IP enforcement authorities
Cluster 3: IP Enforcement Cluster 3: IP Enforcement (Strengthening Enforcement & related (Strengthening Enforcement & related
Regulation of IPRsRegulation of IPRs
1212
Activity cluster 4: Diffusion (Using IP for Activity cluster 4: Diffusion (Using IP for business, innovation, creativity and business, innovation, creativity and
technology transfer)technology transfer) Innovation and creativity awards, competition and Innovation and creativity awards, competition and
exhibitionsexhibitions IP awareness for business, researchers, academicians and IP awareness for business, researchers, academicians and
creatorscreators Innovation & patent Information services at Uganda Innovation & patent Information services at Uganda
National Council for Science and Technology (UNCST)National Council for Science and Technology (UNCST) Support to IP management &technology transfer help Support to IP management &technology transfer help
desksdesks Improving IP education and undergraduate /graduate Improving IP education and undergraduate /graduate
teachingteaching IP professional skills development for legal practitionersIP professional skills development for legal practitioners Study tours for IP teachers and IP managers Study tours for IP teachers and IP managers
13
UTIP structure and institutional framework
Programme Steering & Advisory CommitteeChaired by MTTI
MJCA, URSB, MoH, MAAIF, URA UNCST, UNBS, MFPED, MES, ULRC, JSI, PSFU,Development Partners
UTIP Programme Co-ordination TeamProgramme Co-ordinator /Focal point (f/t)
Programme Assistant + Accountant/Procurement Officer (f/t)International IP Capacity Building Adviser (p/t)
IP Policy & Legal
Reform Cluster
Modernizing IPAdministration
ServicesCluster
Using IP 4 Business, Innovation, Creativity &
Technology TransferCluster
Strengthening IP Enforcement & Regulation
Cluster
Programme Partners, Beneficiaries, StakeholdersPrivate Sector, Public Sector, Consumers
Monitoring & Progress ReportsAnnual Workplan & Budget
1414
Way ForwardWay Forward Program has been presented to WTO/TRIPS Program has been presented to WTO/TRIPS
council 17-18 June 2008council 17-18 June 2008 Meetings held with potential bilateral and Meetings held with potential bilateral and
multilateral donors to seek areas of assistance.multilateral donors to seek areas of assistance. Positive response has been received from some Positive response has been received from some
donors willing to fund some activities in Cluster 1 donors willing to fund some activities in Cluster 1 and study tours.and study tours.
Interest in Cluster 4 has been limited and yet it is Interest in Cluster 4 has been limited and yet it is crucial for the successful implementation of the crucial for the successful implementation of the TRIPS Agreement possibly in 2013TRIPS Agreement possibly in 2013
1515
ConclusionConclusion LDCs facing challenges as they negotiate the multilateral LDCs facing challenges as they negotiate the multilateral
and bilateral agreementsand bilateral agreements Needs assessment report useful tool to be used in the Needs assessment report useful tool to be used in the
negotiations.negotiations. IPRTA should be demand driven in order for the programs IPRTA should be demand driven in order for the programs
to be successfulto be successful The experience of Uganda and Sierra Leone will be useful The experience of Uganda and Sierra Leone will be useful
for other LDCs trying to conduct the needs assessment for other LDCs trying to conduct the needs assessment and project identification in areas of IPRand project identification in areas of IPR
Failure for development partners to help the two countries Failure for development partners to help the two countries implement their projects will mean that few LDCs will be implement their projects will mean that few LDCs will be interested in responding to the TRIPS council Decision of interested in responding to the TRIPS council Decision of 29 November 2005.29 November 2005.
Finally, it will be beneficial for LDCs to learn from the Finally, it will be beneficial for LDCs to learn from the success of developing countries in how to use IPR for success of developing countries in how to use IPR for developmentdevelopment
16
Wildlife