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National Patent and Innovation Strategies in Developing Countries and LDCs

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National Patent and Innovation Strategies in Developing Countries and LDCs Ahmed AbdeL Latif ICTSD Second WIPO South-South Cooperation Meeting 6 May 2013 – PowerPoint PPT presentation

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Title: National Patent and Innovation Strategies in Developing Countries and LDCs


1
National Patent and Innovation Strategies in
Developing Countries and LDCs Ahmed AbdeL
Latif ICTSD Second WIPO South-South
Cooperation Meeting 6 May 2013
2
IPRs, Technology Transfer and Innovation
Article 7 of TRIPS Objectives
  • Protection and enforcement of intellectual
    property rights should contribute to the
    promotion of technological innovation and to the
    transfer and dissemination of technology.

3
International Technology Transfer and Innovation
(ITT) Absorptive Capacity

4
Technology Transfer tomiddle income countries
5
Technology Transfer to LDCs PPPs (Foray,
ICTSD, 2009)
6
Transition periods for LDCsTRIPS Article 66.1
  • In view of the special needs and requirements of
    least-developed country Members, their economic,
    financial and administrative constraints, and
    their need for flexibility to create a viable
    technological base, such Members shall not be
    required to apply the provisions of this
    Agreement, other than Articles 3, 4 and 5, for a
    period of 10 years from the date of application
    as defined under paragraph 1 of Article 65. The
    Council for TRIPS shall, upon duly motivated
    request by a least-developed country Member,
    accord extensions of this period.

7
Article 66.2 TT incentives to Least-Developed
Countries
  • Developed country Members shall provide
    incentives to enterprises and institutions in
    their territories for the purpose of promoting
    and encouraging technology transfer to
    least-developed country Members in order to
    enable them to create a sound and viable
    technological base.

8
Implementation of TRIPS Article 66.2 (1)(Moon,
ICTSD, 2011)
9
Ranking of select African Countries in Global
Innovation Index (2012)

Country Ranking
Mauritius 49
South Africa 54
Tunisia 59
Namibia 73
Egypt 78
Botswana 85
Morocco 88
Ghana 92
Kenya 96
Senegal 97
Sudan 141
10
Research and Development (of GDP)
  • Source World Bank

East Asia Pacific 1.47  2008
Euro area 2.09  2009
European Union 2.04  2009
Europe Central Asia 0.96 2009
Latin America Caribbean 0.65  2007
OECD members 2.45  2008
South Asia 0.75  2007
Sub-Saharan Africa 0.58  2007
World 2.14  2008

11
Promoting Innovation The Role of Patents
Patents have an important role in promoting
innovation but do all Patents Innovation ?
12
Vibrant debate about the patent system and
innovation
  • Trivial patents
  • Patents on human genes (Myriad Case) and patents
    on software?
  • Patent trolls
  • Patent thickets
  • Patent litigation
  • Patent Quality novelty, inventive step,
    industrial applicability/usefulness

13
Patent counts as an indicator of innovation?
  • In 2012, China ranked first in number of patent
    filings in the world
  • - SIPO received 526, 582 patent filings while
    USPTO received 503,582 patent filings (Source,
    WIPO).
  • Does this mean that China is more innovative
    than the United States?

14
The role of open innovation
  • Human genome project
  • Open source drug discovery
  • Greenxchange platform for green technologies
  • Cambia open innovation in agriculture
  • Prizes

15
Innovation not just about IP/Patents
  • Innovation not just about the IP/Patent system
    and IP laws
  • Innovation also about
  • RD policies and measures
  • Trade policy
  • Investment policy
  • Technical standards
  • ICT policy
  • Government procurement policy
  • Competition policy
  • Industrial policy

16
Innovation not just about RDthe case of Nokia
17
Innovation to address local needs

18
Imitation can be an ingredient of innovation
  • Picasso had a saying -good artists copy, great
    artists steal and we have always been shameless
    about stealing great ideas.
  • Steve Jobs by Walter Isaacson (2011), p.98

19
Different approaches to innovation
  • China Indigenous Innovation
  • India Frugal/Inclusive Innovation
  • How can developing countries benefit fro
  • from each others experiences in this
  • area?

20
TT and Innovation in Free Trade Agreements (FTAs)
  • EUCARIFORUM EPA, Chapter on Innovation and
    Intellectual Property (2008)
  • Article 132 Objectives
  • Promoting the process of innovation, including
    eco-innovation, of enterprises located in the
    Parties contribute to the promotion of
    technological innovation and to the transfer and
    dissemination of technology and know-how
    encourage, develop and facilitate cooperative
    research and development activities in science
    and technology encourage, develop and
    facilitate cooperative production and development
    activities in the creative industries.

21
ConclusionIP, innovation and technological
development
  • IP system should be adapted to the level of
    technological development
  • Weak technological capacities IP regime should
    maximize space for imitation and reverse
    engineering
  • Increase technological capacity in certain sector
    requires calibrated IP protection to that sector
  • Flexibilities can play an important role in
    technological transfer, innovation and learning
    (strict patentability criteria, exceptions,
    international exhaustion, compulsory licensing).
  • Two areas where South-South cooperation and
    exchange of experience could be useful
  • Commercialisation of publicly funded research
  • Use of utility models

22
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