Tuesday 28 June 2016

Afro Leo

Djibouti’s Accession to the PCT

On June 23, 2016, WIPO welcomed the accession of the 150th Member State to the Patent Cooperation Treaty (PCT) when the Minister Delegate to the Ministry of Economy and Finance in charge of Trade, SMEs, Handicrafts and Tourism, Djibouti, Hassan Houmed Ibrahim deposited his States’s instrument of accession to the PCT.  The Treaty will enter into force for Djibouti on September 23, 2016.

Read more about it here.

This development is goods news for Djibouti as its patent filing system is still in early development (see Afro-IP posts here and here). One of the advantages of the PCT is that it allows designated member states to use prior art and patentability results from the international phase resulting in a less work and more efficiency in deciding whether to grant the patent at national level. 

That said, it's all well and good acceding to the PCT and legislating for patent protection but implementing it and educating people how to use patents is just as important. We look forward to news of how this is effectively achieved in an economy largely dependent on its service sector and strategic location as a Red Sea transit point.
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Monday 20 June 2016

Afro Leo

What would BREXIT likely mean for IP in Africa?

On a limb .. pondering Brexit
Britain ranks very high on the trading partner lists of most African countries (especially Commonwealth influenced countries) as does the EU so how could a Brexit affect the continent from an IP perspective? A few thoughts.
  • The uncertainty caused by an exit is estimated to result in bureaucratic constipation and a slowing of trade as new agreements are forged between the EU and Britain, and Britain and the rest of its trading partners. This will not be good for African exports, possibly raising costs or restricting the market.
  • An expected initial depreciation of the pound will not be good for export prices but may increase demand and would likely decrease the cost of expensive British imports. The result could see a Africa becoming a greater market for more British brands resulting in more IP filings, and at the same time reducing the profit gap for potential counterfeiters or perhaps opening a counterfeit market for more goods.
  • It would become more expensive to trade with Europe (including Britain) from an IP perspective because ultimately Africa would need to treat them as two different national areas and hence add additional cost eg to protective filings or additional regulatory requirements such as customs recordals or regulatory mandates.
  • Europe trade agreements with Africa would need to be reconsidered and renegotiated with Britain. This would also raise cost and uncertainty. For example, trade agreements that give reciprocal protection for IP eg geographical indications within Europe would likely take time to renegotiate with Britain resulting in higher IP filings in the UK to obtain the additional protection.
  • The influence of the UK courts would also like increase again. For many years prior to Britain forming part of the EU common market these court decisions were highly influential in Africa but eventually gave way to European interpretation (though they are still highly influential). A Brexit would give the UK courts more freedom and African jurisdictions would either find themselves gravitating to them or away. Both options would create more uncertainty for interpretation of IP laws within Africa where there is still a dearth of jurisprudence.
  • Britain is the home of many African businesses wanting to trade in Europe. This would begin to change, resulting in new know how transfer exchanges between Africa and Europe.For example, Africans with British passports may now be restricted to work in Britain whilst businesses may be incentivised to relocate employees (including  Africans) to work in other parts of Europe.
  • The nationalistic fervour that seems to be making the polls as tight as as they currently are would, it seem (possibly as self justification even), perpetuate into  policy decisions and possibly law possibly making it far more difficult to trade freely with Britain or to live there. This could have an effect on everyone seeking a career opportunity including African sport stars. The transfer of knowhow would be affected.
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Friday 17 June 2016

Afro Leo

5 Reasons Why You Need To Be At INTA's Building Africa With Brands Conference 1-2 September Cape Town


Why you need to be at INTA's first ever conference on African soil:

1. INTA is the single largest IP industry representative body on the globe meaning that a dedicated INTA conference on the African continent allows Africa and its unique issues, talent, innovation and creativity to be exposed to the largest worldwide IP network there is. This is for you.

2. The CEO of INTA, Etienne Sanz de Acebo, recently expressed the organisation's dedication to the continent at the 2016 INTA annual meeting in Orlando during his address at an invitation only meeting dedicated to Africa practitioners. This is therefore a dedicated attempt to mobilise African thought leadership and members on pan African IP issues. You need to be there.

3. The program has been designed to traverse material and speakers from across the continent, from industry and in house, and is lead and moderated by experienced practitioners.  You won't be disappointed.

4. It's not just a meeting for African practitioners to mix, mingle and network with other Africans but a chance to also meet with people and organisation based outside of Africa, who have an interest in Africa, in you. These could be future clients or contacts. Attendees could be future funders. They could be academics, business people, entrepreneurs, policy makers with useful insights. They could have solutions. You won't know unless you are there.

5. Have you ever been to Cape Town at the start of spring....?

Sign up here


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Wednesday 15 June 2016

Caroline B Ncube

IP policies in Africa no. 22: Ghana - update

Launch event 21 January 2016 source
In June 2014, I reported on Ghana's progress towards the development of a national IP policy with the assistance of  the Swiss Federal Institute of Intellectual Property (here).  Their work has come to fruition and Wayne Meiring reports on Managing IP (here) that the country published its policy in early 2016 which will be implemented from September 2016 - 2020.  However, the full text of the NIPPS document is not publicly available.
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For further information see:
Government of Ghana Ghana's Intellectual Property Rights Launched
Ntrakwah & Company - Abena Ntrakwah-Mensah Ghana launches a National Intellectual Property Policy

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Monday 6 June 2016

Afro Leo

Please Call Me Panel Discussion Thursday 9 June

Just a note that there are still places left to attend the PLEASE CALL ME discussion with Pavlo Phitidis (Aurik and well known Radio 702 guest) and Angela Cherrington (CEO of the Institute of Directors Southern Africa). Legal issues will be covered by Darren Olivier and Ashlin Perumall. The focus of the discussion will be on what the judgment means for businesses, of all sizes. Why is there such hype about this decision? Is it just a case of David prevailing over Goliath or is there something more fundamental that it teaches us?

You can sign up by clicking here for the hour discussion taking place between 8am and 9am, with breakfast and networking from 7am. There is no charge.



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