Vulindlela - Open the Path

IP recommendations

I blogged about the joint seminar for capacity development on Intellectual property hosted by DST, WIPO and JICA earlier. We had the some of the top experts in the country as well as some international guests, and even an IP lawyer or two. Well what came out of the conference are the following recommendations and conclusions which have been sent on to the powers that be.

1. The Participants recognised that the stimulation of innovation is crucial for South Africa.

2. Government support for innovation in science and technology is primarily to address the needs of the people of South Africa.

3. Government support extends to the provision of funds for engaging in research or developing new ideas, and for the provision of the infra-structure needed to conduct the research.

4. Intellectual property includes a wide range of information and know-how. The range of IP includes ‘know-how’, trade-secrets, industrial designs, trade-marks, plant variety rights, copyrights, geographical indications and patents. Most of these need registration, others, like copyright, provide automatic cover once expressed in ‘writing’.

5. Innovation should be stimulated through interaction with others within and without South Africa, particularly in relation to new science and technologies. New discoveries in science and technology are most often the result of large consortia across the world working together to enhance the basic knowledge that leads to innovation. This is especially true for advances in ‘new’ sciences – Information sciences, technology and database design, biotechnology, genetics, nanotechnology and synthetic biology are examples.

6. Indigenous knowledge systems and designs are intellectual property and an alternative system to ensure their protection needs to be urgently put in place over and above the protection that is provided by the current legislation and common law.

7. We need to recognise that there are many criticisms of the IP system, recognised within South Africa, and that ‘open-source’ systems in IT and modern genetics, which are not currently addressed through the new IPR Act, may be as effective as the traditional IP system in encouraging innovation.

8. There are some areas of basic science research (like the human genome project, and open  standards for interoperability i.e. ODF) that are recognised by the international community to be of such importance that they should be placed in the public domain. South Africa has contributed to some of the work within these fields. There is widespread concern that the current legislation would dissuade the international community from collaborating with SA.

9. Nevertheless, in many areas of endeavour, the copyright and patent system are important in encouraging innovation in that they enable the availability of venture capital and therefore the exploitation of the ‘know-how’ or IP.

10. It was recognised that the current patent system in South Africa needs substantial reform. It must be open and searchable by all. It is currently a ‘registration’ system that is harming innovation in South Africa. A system for ensuring that new innovation is patentable, including a search system prior to grant is crucial. Collaboration with other patent-granting authorities will be important to developing the South African System. The meeting therefore welcomed the input and advice of the Japanese colleagues at the seminar.

11. The mandate of Government is to improve the lives of its citizens. The exploitation of IP should be considered in the widest sense and firstly for the social good and not only in terms of financial and commercial exploitation.

12. The regulations under the new (or forthcoming) legislation for the protection of Intellectual Property in South Africa need to take account of the points made above.

13. The workshop recognised that introduction of the current legislation is only one step towards creating an IP environment that provides considerably greater levels of encouragement in SA for both the development and the exploitation of innovation for the good of all its citizens: It will also be necessary to align future legislation and related regulations (including that related to the structure and organisation of the various implementation and regulatory bodies) to this. Government’s capacity to effectively implement, monitor and enforce IP related legislation will also be critical to achieving the desired goals.

14. Government needs to be open to ongoing dialogue with stakeholders, particularly in terms of the development of regulations and the implementation of the new legislation, in order to avoid unintended negative consequences and to improve buy-in and early compliance.

15. Government support for IP development and its exploitation through innovation needs to be seen as an ‘all of government’ initiative and applicable to all South African sectors: The cross-cutting nature of IP as one aspect successful innovation needs to be recognised.

16. Related to the above, the various government departments should develop education initiatives for their sectors, with content focussing on the importance of understanding, and compliance with, IP legislation in that sector.

17. International assistance with regard to achieving the above mentioned objectives is available. To ensure that South Africa’s and Africa’s concerns and needs in these fields are properly articulated and addressed in international fora ,it is crucial that relevant SA stakeholders be consulted before any international negotiations in order to agree and receive approval of an official SA position; and that sub-regional and regional preparatory consultations are then held in order to agree African common positions. The same applies mutatis mutandis to approaches for bilateral assistance such as that provided by JICA, NITE, WIPO etc.

18. The international collaboration commenced at this seminar between Japan, WIPO and South Africa is strongly welcomed by all participants and South African participants expressed their hope that it will continue and culminate in practical collaboration and projects.