21 – 22 february 2013 kinshasa, democratic republic of congo fernando dos santos director general...
TRANSCRIPT
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21 – 22 February 2013
Kinshasa, Democratic Republic of Congo
Fernando dos SantosDirector General - ARIPO
Building a Strong Foundation for the Growth of Customized African Products and Services
– Perspectives from ARIPO
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Outline• African Products and Services• Strategies to exploit African resources• Role of IP in adding value to African Products• Nr. 1: Branding - Trademarks• Nr. 2: Branding - Geographical Indications• Nr. 3: Copyright• Nr. 4: Designs• ARIPO Objectives/Mandate• About ARIPO • Membership• Purpose and Objectives• ARIPO Mandate• Some IP Related Tips to Add Value to African Products
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African Products and Services
Africa:• Availability of arable and fertile land • Very rich in traditional and cultural heritage• Abundant biodiversity and genetic resources• These provide the continent with unique
products which can be customized using intellectual property as a tool to benefit its own people.
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Strategies to exploit African Resources
• Strategy 1: Increase production and export commodities
Result: oversupply and reduction of prices of commodities
• Strategy 2: Establishing new processing and manufacturing plants to add value to African products through processing
Result: Africa industrialization was not achievedAfrican processed products are not
competitive
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Strategies to exploit African Products (2)
Africa industrialization
Value addition trough processing
….Not yet sufficient to add value to African
products!
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Assembling
Plain packaging
Grinding
Must be complemented…
Capital
Labour
Knowledge
Capital
Labour
Knowledge
Capital
LabourKnowledge
Pre -industrial era Industrial era
The « knowledge economy »
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Role of IP in adding value
• Intangible assets are becoming more important• IP management moves to the center of the
management strategies• Focusing on the intangible value of the African
products seems to be the solution to add value to those products
• Leveraging on the image, name, reputation or unique quality of the African products means capitalising the intangible value of the African products
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Nr. 1: BRANDING!• Don’t sell cocoa…sell branded chocolates!
• Branded vanilla Branded Coffee Branded honey
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Central role of brands in business strategies
,, February 20, 2014• BIDCO company – Kenya• Controls 61% cooking fat and 54% cooking oil
market in Kenya• Presence in 16 countries in Africa• CEO, Mr. Vimal Shah, richest man in Kenya• BIDCO brand was established in 1970 • The Firm has acquired various brands that have
given competitive edge locally: over 30 brands• BIDCO bought KIMBO (Unilever) and ELIANTO
(Unga, Ltd)
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Nr. 2: Geographical Indications• Designation used on goods that have a
specific geographical origin and possess qualities or a reputation that are due to that location.
• GIs consists of the name of the place of origin of the goods.
• Agricultural products have qualities that derive from their place of production and are influenced by specific local factors, such as climate/soil.
• Examples:
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Potential GIs in Africa• Kenya: Black Tea, Arabic Coffee, Cut flowers, Kiisi
soap, Stones, Ornaments, Wamuny Handcrafts, Fermented Liquors and Wild Silk• Mauritius: Damerara Sugar, Baie Topaz, Red
beans, Piment Rodrigues, Bois Cherie tea, Tai SO litchi, Cut Flowers Roddrigues Honey, Rhum st Aubin, Café de Charmarel• Rwanda: Coffee• Uganda: Vanilla• Zambia: Honey• Zimbabwe: Tea, Fruits
Source: M. Blackeney, Study on potential GI goods in some African countries, 2011
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Creative/Cultural Industries• Industries that combine the creation, production and
commercialization of contents which are intangible and cultural in nature (UNESCO)
UNCTAD CLASSIFICATION:• Traditional cultural expressions: arts/crafts, festivals,
celebrations• Cultural Sites: archaeological sites, museums, libraries,
exhibitions• Visual arts: paintings, sculptures, photography, antiques• Publishing and print media: books, press, other publications• Design: Interior, graphic, fashion, jewellery, toys• Performing arts: live music, theatre, dance• Audiovisual: film, TV, radio• New media: Software, video games, digitalised creative content• Creative services: architectural, advertising, cultural, recreational
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Potential of Creative Industries• Market size Worldwide: 2.2 Trillion Dollars/year• Accounts for 7% World’s GDP• Africa has a comparative advantage in creative
industries• Africa share in creative economy: less than 1%!
(North African countries and South African reaping more)
• Nollywood (Nigeria) : $500m revenue/year (5% GDP) ; 1 million jobs
• African entrepreneurs must embrace African creators to harness from their creativity and generate wealth in the continent
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Designs• Designs are what makes a product attractive and
appealing; hence, they add to the commercial value of a product and increase its marketability.
• 2014: Cape Town designated “World Design Capital”
• Recognition to cities that have effectively employed design as mechanism through which to improve social, cultural and economic life.
• This suggests that Africa should use the cultural element of design as a tool for progress
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ARIPO Objective/Mandate
Patents and Utility Models Industrial Designs Trademarks
CopyrightAccess and Benefit
SharingGeographical
Indications
TK and folklore
Plant Variety Protection
Harare Protocol (1982) Harare Protocol (1982) Banjul Protocol (1993) Swakopmund Protocol (2010)
Council Min (2002)
Draft Regional Framework Draft Regional FrameworkNational Frameworks Regional Framework
(2014?)
Objective: Harness and pool resources together on intellectual property related matters Africa.
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About ARIPO• ARIPO: African Regional Intellectual Property
Organization• Established: December 9, 1976 (as ESARIPO)• Instrument of creation: Lusaka Agreement (in
Zambia)• Headquarters: Harare, Zimbabwe
• Member States (18): Botswana, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, Sierra Leone, Somalia, Sudan, Swaziland, The Gambia, Uganda, United Republic of Tanzania, Zambia and Zimbabwe
• COMESA Member States at ARIPO: 8
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Membership• Botswana• Gambia• Ghana• Kenya• Liberia• Lesotho• Malawi• Mozambique• Namibia• Rwanda• Sierra Leone• Somalia• Sudan• Swaziland• Tanzania• Uganda• Zambia• Zimbabwe
= 18Note: Membership open to UNECA and AU Members
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Some IP Related Tips to Add Value to African Products
Policy level: • National/Regional development and
innovation/industrial policies must prioritise IP• Development branding strategies at the
Regional/National LevelCompany Level:• Incorporate IP approach into the business strategies• Use IP tools: brands, GIs , Industrial Designs, Copyright
to add value to the commodities producedEntrepreneurs Associations/Chambers of Commerce• Promote awareness• Promote use of IP by entrepreneurs
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Need to embrace Intellectual Property Rights as tools to add value and brand products and services for far better rewards and results for Africa overall economic development
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ARIPO Address: 11 Natal Road, Belgravia, Harare, Zimbabwe
Tel: +263 4 794 065 /6/8/54/74
Fax: +263 4 794 072 Email: [email protected]
Website: www.aripo.org
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