ARIPO s Initiative on Traditional knowledge and Access and

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 w w w w ARIPO Background ARIPO Initiatives on TK. Achievements Challenges Way forward Global debate on ABS ARIPO initiatives on ABS. Possible areas of collaboration w Conclusion

ARIPO- background w Established on 9 th December 1976 w 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 w Organs of ARIPO: -Council of ministers, Adm. Council, -Secretariat - Finance and staff affairs committees Board of appeal w Financing-annual contribution and fee from protocol. s w Substantive activities: -Grant Patents, utility models, design, capacity building on IP

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

ARIPO’s Initiative cont. w 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 41 th Summit Lusaka Zambia w Organized National and Regional awareness and sensitization workshops on protection of TK

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

What has been achieved w Development of a concept paper on legal and policy options for protection of TK w. 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

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

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

Way forward w Funds are being solicited from EPO, World Bank for completion of TKDL. w 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.

Biodiversity and ABS w Article 15 of CBD(Access and benefit sharing) w - 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

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

ARIPO Training Center

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

Conclusion Lets work together-Thanks