Use of Intellectual Property for Economic and Social Development
22 October 2007
Programme Director
Executive Director, Office of Strategic Use of Intellectual Property (IP) at
the World Intellectual Property Organisation (WIPO), Sherif Saadallah
Senior Directors, Directors and all officials from WIPO
Delegates from the South African Government departments
Delegates from various sectors of the economy
Delegates from various countries and regions in and out of Africa
Industry players and stakeholders
Ladies and gentlemen
It is a great honour for me to stand before you today to deliver the opening
address and to be part of this very important event. The Director-General of
the Department of Trade and Industry, Tshediso Matona could not join us today
as initially envisaged. He, however, sends his regards to you and best wishes
for the seminar.
This seminar comes at a very crucial and opportune time. About three weeks
ago the World Intellectual Property Organisation (WIPO) adopted the development
agenda comprising of 45 items. WIPO first launched the development agenda
during the 2004 General Assembly following a proposal by the Group of Friends
of Development of which South Africa is a member. A Provisional Committee on
Proposals for the Development Agenda (PCDA) was subsequently established in
2005 and charged with coming up with proposals on how to take the development
agenda forward and incorporate it into the proceedings at WIPO. The PCDA met
twice in 2005 and came up with 111 proposals.
During the 2006 General Assembly the mandate of the PCDA was then extended
for another year. This culminated in the adoption of 45 proposals constituting
the development agenda during the 2007 General Assembly which ended a few weeks
ago.
There is a realisation by international organisations that their actions,
their programmes, their objectives and their very essence should be development
oriented. This is so for the United Nations and its Millennium Development
Goals, the World Trade Organisation (WTO) and its Doha Development Agenda and
now WIPO and its Development Agenda.
Ladies and gentlemen this move towards development orientation should not be
taken lightly. The adoption of the development agenda is indeed a great
milestone in the history of WIPO and has far reaching implications for
developing and least developed countries. Whilst industrialised countries
emphasise the enforcement and protection of intellectual property rights, we
should ask ourselves a crucial question, and that is 'how the protection of
intellectual property rights will assist us in achieving economic and social
development.' This seminar intends to do exactly that. It is about exploring
avenues for the strategic use of intellectual property for economic and social
development. What is critical therefore from a developing country perspective
is how to use the intellectual property system to promote the availability, the
accessibility and the affordability of goods and services that are an invention
or creation of the mind, such as patented medicines and copy righted learning
materials.
Because developing countries are 'late comers' to the world of intellectual
property they find themselves in an unenviable position of being net importers
of technologies developed in industrialised countries. The challenge for these
countries therefore is how to turn the tide by: developing home grown
indigenous technologies, and at least absorbing those technologies developed
abroad, what in intellectual property parlance is termed technology transfer.
For this to happen it is important that capacities are built. Not only that,
they must also be proper regulatory frameworks in place.
It is not sustainable in the long term that developing countries should
continue along the path of being net importers of technologies especially if we
are to meet the United Nations (UN) Millennium Development Goals of halving
poverty by 2015. The discussions this week should aim at assisting in shaping a
different role for developing countries in the Intellectual Property (IP)
domain. A role that will lead to sustainable development and will be beneficial
to consumers in these countries.
As we all know the premise for intellectual property rights protection is
that society confers monopoly rights to the intellectual property owner for a
limited period of time. By so doing it is hoped that this protection will allow
the intellectual property rights holder enough time to recoup the costs of
research and development that went into the invention, for instance, in the
case of patents. It is also hoped that the protection will spur further
innovation resulting in increased supply of products in the long run. Thus in
balancing the interests of society against those of the intellectual rights
holder everything hinges on the scope of the protection afforded and its
duration. Getting this balance right is a major challenge.
We should avoid the temptation to formulate policy based on public opinion
and anecdote. If we grant patent protection it should be because we can attest
to the benefits of doing so. Good laws should be based on empirical evidence
drawn from hard facts and data. Not only that, good laws balance the cost of
regulation against the benefits, in addition to being simple and easy to
understand. Robust and effective regulators are also indispensable to a
successful and efficient regulatory regime. This is true in the area of IP
where a lot of decisions are taken at international for a dominated by
developed countries. The temptation is to take whatever policies emanate from
these fora without testing them and adapting them to our circumstances. It is
heartening to see development forming part of these deliberations.
Developing countries are rich in traditional knowledge and bio-diversity.
However up to this far the conventional intellectual property system has failed
to recognise and promote the protection and commercialisation of traditional or
indigenous knowledge systems. There are concerns with regards to the loss of
traditional knowledge, its use in a derogatory manner, lack of benefit sharing
by those that appropriate it, bio-piracy, lack of preservation and conservation
as well as lack of recognition of the role of traditional knowledge in economic
and social development. We should therefore be able to develop policies and
legislation that promote our developmental imperatives.
As a developmental state South Africa recognises the role of government in
influencing the direction and pace of development. Thus as a country we have
recently adopted a National Industrial Policy Framework which aims to shape our
industrialisation efforts. Innovation and technology are important components
of this strategy and so is the pharmaceutical sector. All countries that have
industrialised rapidly did so, on the back of innovation and technology which
are under-girded by intellectual property rights protection. Critical in
implementing our industrial policy strategy therefore is an IP system that is
responsive to our needs as a developing country. Our IP system must therefore
be informed by our industrial policy framework. All forms of protection should
balance the interests of producers or IP holders on the one hand and consumers
on the other.
I am glad to see that during the course of the seminar you will discuss and
debate issues of IP and competitiveness in select industries, IP and access to
health, IP and traditional knowledge as well as the WIPO Development Agenda.
Let me therefore leave it to the various speakers and you as delegates to probe
further these issues and endeavour to come up with recommendations that you can
take back to your respective countries for implementation.
It will be good after the seminar to see countries, among other things:
* Implementing the flexibilities provided for in the Trade Related Aspects
of Intellectual Property Rights Agreement (TRIPS Agreement).
* Promoting and protecting the traditional knowledge for their social and
economic development.
* Implementing IP and health policies that promote the growth of the health
sector without compromising the health of the citizens.
* Enacting legislation that protects and supports cultural and entertainment
industries.
There is also a need for the harmonisation of activities across countries.
This seminar enables the exchange of views and information and discussion on IP
policy matters. There should also be harmonisation across international
development organisations. The programmes of WIPO should not be seen in
isolation from programmes of other intergovernmental organisations, such as the
World Trade Organisation (WTO), United Nations Conference on Trade and
Development (UNCTAD), Food Agricultural Organisation (FAO) etc. There should be
harmonisation in approaches on issues that are of common interest. Equally,
member states should influence WIPO and other multilateral forums to be
responsive to their needs. South Africa is committed to implementing policies
that nurture the IP system that is responsive to the needs of its people and
the African region and will continue to influence the world agenda on IP.
Let us make the most of this week. It is not very often that you find
government officials, regulators, industry players, officials from
international organisations, academics, practitioners, representatives from
various countries all in one room for five days. This seminar does that and it
offers us a rare opportunity that must be exploited fully. However, as you work
very hard also take time off to relax and enjoy our beautiful country, a
country of winners; if you don't believe me ask England. It remains for me to
wish you all a fruitful five days of intense discussion and debate. A warm
welcome to Afrika Dzonga to all of you and a hearty welcome to the mother
city.
I thank you
Issued by: Department of Trade and Industry
22 October 2007
