aripo magazine · 2018. 11. 7. · while retaining national culture, national inventiveness and...

Vol. 5, No.2, April - June 2015

African Regional Intellectual Property Organization (ARIPO)

ARIPO Magazine

Claride Hozheri Accounts Clerk, Finance Section

Emmanuel SackeyChief Examiner, Search and Examination Section

Charles Satumba Assistant Librarian, Documentation and Publications Section

Roselyn Moyo Administrative Assistant,Documentation and Publications Section

Charles PundoHead, Formalities Examination Section

02 Editorial Board

02 Contents

03 Editorial

04 Highlight of Events

11 Member States News

18 Feature Articles

19 Member States Contact Details

REgulaRS

Highlights of Events

Member States News

ON tHE COvER

05

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2 ARIPO MAGAZINE: Vol. 5, No.2, April - June 2015

EDItorIAl BoArD

the copyright landscape is changing very fast in the wake of digitisation and globalisation. New technologies have brought so many products that have made life easier and better – the internet and new ways of creating and delivering information and art.

While these advances including computers can do many useful and wonderful things, the human being is still at the centre of it all. these advances continue to remain human tools such that it is still the human authors who create the bulk of the world’s thoughts and writings, with computers doing more than acting as means of writing, collecting, sorting, calculating and compiling information. these issues present common ground for scrutiny.

the current proliferation of digital technologies has expanded publishers’ powers and has put a strain on copyright laws. Digitisation has also enabled us to preserve works in better and generally less costly ways than it used to be as well as facilitated cheap ways of disseminating such works. It is within this context that the issue of piracy and enforcement of copyright and related rights have been discussed in this edition of the Magazine.

Copyright © 2015, ARIPOAll rights reserved

No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording or any information storage or retrieval system, without permission in writing from ArIPo.

EDITORIAL

ARIPO Magazine - Vol. 5, No.2, April - June 2015

Piracy poses a great challenge in most ArIPo Member States. theft of intellectual property in the form of unauthorised duplication and usage of intellectual property items such as software, books, movies, songs, etc. is on the rise and prevalent in the Member States of the organization in particular and Africa as a whole.

This has also been made difficult in part by the continuing growth in networks and the global economic meltdown. It has been estimated that losses due to intellectual property infringements over the past five years amounted to US$20 billion.

According to a more recent report by Technology Review United States of America software publishers, as the world’s leading producers of software may lose between US$9 - 12 billion dollars annually to international piracy.

there is therefore an urgent need to dissuade people from engaging in copyright infringement through education, development of new legislations that impose stringent sanctions and those who engage in copyright infringements and industry developed approach to combat the on-going issue of online copyright infringement

and privacy in the Member States of the organization. It is also important to put in place enforcement provisions in national copyright laws including civil and criminal procedures, conservatory measures to enforce rights and also to provide remedies and penalties with clear procedures to be followed.

As has been ably stated by the former Copyright Administrator and Minister of Justice and Attorney General of Ghana, Mrs Betty Mould Idrissu, “We should not see the observance and enforcement of copyright as merely protecting the interest of the developed world or creators but rather as a powerful tool to galvanise our domestic industry while retaining national culture, national inventiveness and national creativity.

ARIPO MAGAZINE: Vol. 5, No.2, April - June 2015 3

EDItorIAl BoArD

137th Annual Meeting of the International Trademark Association (INTA)the 137th Annual Meeting of INtA was held in San Diego, California, United States of America from May 2 to May 6 2015. the INtA’s Annual Meeting gathered approximately ten thousand IP practitioners and users for more than 140 countries.

the meeting provided participants an opportunity to participate in a number of discussions on trademark related topics, network and in the exhibition organised for the occasion.

ArIPo was represented in the event by its Director General, Mr. Fernando Dos Santos, the Head Formalities Examination, Mr. Charles Pundo and Publications Officer, Mr. Charles Satumba.

Mr. Santos, participated as panelist in the “Regional Update: Africa-The Implementation of International IP treaties in Africa”, attended a number of other relevant panels and conducted a number of meetings namely with INtA leadership, the Africa tMo relations Subcommittee, corporates and IP firms. Mr. Pundo and Mr. Satumba managed in a daily basis the ArIPo booth at the exhibition hall.

ArIPo has been attending the INtA Annual Meeting

as a way of promoting ArIPo’s visibility and especially that of its dedicated Protocol on marks, the Banjul Protocol. Indeed, the participation in this global gathering was an opportunity to disseminate more information about ArIPo and the route provided by the Banjul Protocol to protect trademarks in at least nine member states of ARIPO that have ratified the Protocol.

the participation in the exhibition was a further efficient mechanism to reach out the numerous visitors who visited the ArIPo booth. Participation of ArIPo in the INtA 2015 was full-pronged. the delegation of ArIPo attended panel discussions, Africa relevant committee meeting, fully exploited the networking opportunities provided by the event, provided information to visitors at the exhibition and attended social events organised.

on May 3, all members of the ArIPo delegation met INtA’s leadership to discuss mutual cooperation and growth of INtA’s presence in Africa. INtA leadership was represented by the 2015 President elect Mr. ronald van tuijl, the Chief Executive Officer, Etienne Sanz de Acedo and other Board members. INtA leadership reiterated the commitment to continue cooperating with ArIPo in the development of IP in Africa. the leadership requested ARIPO assistance in identification of potential members among African growing industry. INTA confirmed organization of the first ever INtA meeting in Africa in September 2016 in Cape town, South Africa.

ArIPo was requested to provide topics for discussion and assist in identification of eminent speakers. In partnership with Kashish Intellectual Property Group, a Mauritius IP specialised firm, ArIPo held targeted meetings with the following corporates and IP firms from the following countries:

• France: regimbeau, Creative IP• Japan: Mark-I, Inc.• India: CIPlA, ltd


HIGHlIGHtS oF EVENtS

HigHligHtS Of EvENtS

• Namibia: Cronjé & Co.• Portugal: Clarke, Modet &

C°• Spain: Pinto ruiz & del Valle• Sweden: lindhal KB• US: Citigroup Inc., United

technologies, Chevron

During the meetings, the Director General of ArIPo exhaustively explained the ArIPo procedures and advantages of the use of the ArIPo for the protection of IPrs in Africa. Attendants entertained numerous questions on the ArIPo system. At the end of the meetings a number of corporates and firms pledged to reconsider their policy with regard to registration of IPrs in the continent in order to include ArIPo as a viable route.the Director General of

ArIPo also participated in the “Regional Update: Africa - The Implementation of International IP treaties in Africa” as a panelist. His presentation analysed compliance of ArIPo IP systems with the enforcement provisions of trIPs and the advancements of the IP systems in Africa.

the Director General of ArIPo further attended the INtA Africa tMo relations Subcommittee through which ArIPo exerts its membership to the association which discussed ratification of the Madrid System by oAPI and Zimbabwe, ARIPO e-filling and the INtA Africa Conference to be held in September / october 2016 in Cape town, South Africa.Under the auspices of the INTA meeting the Director General of

ArIPo signed the “Work Plan on Bilateral Cooperation” between USPTO and ARIPO. The Workplan includes training of patent and trademark examiners, law enforcement officials, judges, awareness and educational programmes on IP, enforcement activities, collaboration on the establishment of the ArIPo PVP System.

the participation of the ArIPo delegation to INtA 2015 was extremely useful to promote visibility of ArIPo among wide membership of INtA, especially corporates and IP professionals. the meeting afforded to ArIPo an opportunity to explain ArIPo procedures and recent developments on the administration of trademarks.

on May 5 and 6, 2015, an inter-regional meeting will be held in lima, Peru, on the topic of “South - South and triangular Cooperation for Access to Information and Knowledge, Innovation Support, and technology transfer”.

organised in the framework of the WIPo Development Agenda Project on Enhancing South - South Co-operation on Intellectual Property and Development among Developing and least Developed Countries (lDCs), the meeting’s objectives are:

• to provide a space for industrial property experts from developing countries and lDCs to share their knowledge and experiences.

to provide an environment for participating countries to showcase successful South-South and triangular co-operation initiatives. In order to raise the visibility of these initiatives, information about each partnership will subsequently be added to the WIPo a South - South web platform.

the meeting will take place in English and Spanish, with simultaneous interpretation into each language.

Inter-regional Expert Meeting on South South and Triangular Cooperation for Access to Information and Knowledge, Innovation Support & Technology Transfer, Lima, Peru

Delegates who attended the Inter-regional Expert Meeting



the ArIPo online Service was launched on 2 March 2015. the service covers, inter alia, e-filing, online file inspection and online journals. More particularly, the ArIPo online Service encompasses:

Public online Services, which will allow members of the public to access various online services such as Quick Search, Advanced Search, IP Forms and

ArIPo Journals without having to register with ArIPo;

• E-services, which is a members only area that provides for online filing of IP rights, online payment of official fees, online correspondence with ArIPo, online prosecution, and general tracking and status of applications.

the ArIPo online Service has come about as a result of co-operation between ArIPo, the World Intellectual Property organization (WIPo) and the Korean Government, and it is therefore sometimes referred to as a KoICA-WIPo-ArIPo Project. the project involves the upgrade of ArIPo’s ICt infrastructure, as well as the ICt infrastructure of each ArIPo member state.

ArIPo has offered a number of free training sessions for the ArIPo online Service for external users. The first of these sessions were held on 12 and 13 February 2015.

Further improvements to the ArIPo online Service were discussed at the 4th Working Group on the Banjul and Harare Protocols held on 21 May 2015 at the ARIPO Offices. Spoor & Fisher attended this meeting and we will keep our clients updated on developments regarding the ArIPo online Service, as well as any proposed amendments to the Banjul and Harare Protocols.

the Member States of the African regional Intellectual Property organization (ArIPo) adopted the Swakopmund Protocol on the protection of traditional knowledge and expressions of folklore on August 9, 2010 at Swakopmund in the republic of Namibia. the Protocol shall come into force three (3) months after six (6) states have deposited their instruments of ratification or accession with the Government of the republic of Zimbabwe. The sixth ratification was deposited with the Government of the republic of Zimbabwe on February 11 2015. therefore, the Swakopmund Protocol shall enter into force on May 11 2015.

the entry into force of the Swakopmund Protocol will have the following effect:

• It will enable the knowledge holders and local communities in the Member States to register trans-boundary traditional knowledge and expressions of folklore at ArIPo;

• the knowledge holders and local communities Member States will also be able to submit for record purposes traditional knowledge and expressions of folklore in their territories. this can be done through the national competent authority;

• the knowledge holders and local community Member States will be able to license their

KOICA Project which has introduced ARIPO e-filing

ARIPO Online Service page showing the services available

Entry into Force of the ARIPO Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions of Folklore



traditional knowledge and expressions of folklore lodged at ARIPO and obtain benefits arising from the commercial use of such knowledge and folklore and obtain fees from such licenses;

• the knowledge holders and local communities in the Member States will be able to use the alternative dispute settlement procedures at ArIPo to settle disputes arising from traditional knowledge and expressions of folklore shared by different communities across national boundaries as the need arise;

• It will enable ArIPo to establish databases on codified and non-codified traditional knowledge and expressions of folklore. the information in the databases will only be used upon prior informed consent from the knowledge holders. the consultation of the databases will also generate income for the

member states.

In order to encourage and facilitate the implementation of the KoICA - WIPo - KIPo - ARIPO Project on the Upgrade of the ARIPO Office ICt Infrastructure and those of its Member States, KoICA invited members of the Administrative Council and the Director General of ArIPo to participate in the High level Forum.the main objective of the Forum included:

• to enhance policy making and management skills for intellectual property administration;

• to share knowledge, skills and experience in Korea’s e-government development and automated intellectual property management system; and

• to establish co-operative relationship between ArIPo Member States and the South Korean Government.

the delegates visited PoSCo (steel manufacturing), Hyundai Motors, Hyundai

Steel Industries, Hyundai Motors and ship building in Gyeongju to have an appreciation of the technology of the driving force for the future growth of Korea and its history and culture.

the Forum provided the delegates the practical and hands-on experience needed by policy makers to transform their respective countries into developed economies. It was also realised that to achieve such development, variables like diffusion of education and

the development of strong institutions need to be implemented.

High Level Forum, Seoul, Korea

Delegates who attended the forum



KOICA Working Level Training, Seoul, KoreaIn 2011, ArIPo requested for assistance from the World Intellectual Property organization (WIPo) and the Korean Government, through the Korea International Cooperation Agency (KoICA), in the improvement and upgrade of its Information, Communication and tele-communication (ICt) infrastructure and those of its Member States with a view to improving efficiency of day-to-day IP processing and registration activities of the ArIPo Secretariate and those of its Member States; improving accessibility to published IP information through provision of online products and services; developing infrastructural capacity of IP Offices in the ARIPO Member States and better serving the general public in the ArIPo region and beyond. A project proposal was developed and submitted to KoICA. Following the KoICA’s project appraisal process, the Project for the upgrade and modernisation of the ICt infrastructure of ArIPo and its Member States was initiated in August 2013. the Working

level Program was undertaken during the capacity building and technology transfer phase. It was held in Seoul and Daejeon, Korea from 6 to 15 May 2015. thirteen (13) participants, ten (10) from ArIPo and three (3) from Zimbabwe Intellectual Property Office (ZIPO) participated in the Program.

Study visits were undertaken to the Korea Industrial Property Office (KIPO) and the Korean National Computing and Information Agency (NCIA). the KIPo visit focused on Korea’s IP administration and information status, patent searches and networking with counterparts in Korea while the NCIA visit focused on demonstration of the latest products developed by NCIA and its contribution towards Korea’s social economic growth and development.

the ten day Program was successfully concluded with all participants confirming it had

been extremely beneficial. The organisers and the resource persons were good and built a very good rapport with the participants which greatly facilitated the transfer of knowledge. the various presentations and discussions as well as the study and cultural visits took place in

a very cordial atmosphere with great collaboration spirit. the participants fully applied themselves into the lectures and discussions as well as the visits and took every opportunity to learn.

the main objective of the workshop was to establish streamlined support to the anti-IFF agenda by creating a forum where all relevant stakeholders can discuss how the recommendations of the HlP report on IFFs will be implemented and the roles and responsibilities to be undertaken.the workshop which was graced by the wisdom and participation of decision makers from the African Union Commission (AUC); regional Economic Communities, Regional financial, revenue and customs organizations;

the African Development Bank (AfDB); the NEPAD Planning and Coordinating Agency (NPCA); the African Peer review Mechanism (APRM) Secretariate; UN system agencies and other development partners as well as civil society organization working on IFF in Africa was officially opened by Mr. Adeyemi DIPEOLU, Director of Capacity Development Division of ECA. ArIPo was represented by the Internal Auditor, Mr. letu Shilongo.

Constitution of the Working

Groupthe meeting agreed that the working group remains multi-disciplinary to address the all focus areas of research. this will speak directly to the issues underpinning the determinants. the composition therefore include composed of research organizations, academic institutions, tax authorities, policy makers (mainly parliaments, ministries of finance, financial services regulators), individuals, former bank officials, accountants, lawyers, forensic financial expertise.

Stakeholders Workshop - The Implementation of the Recommendations of the High Level Panel on Illicit

Financial Flows from Africa, which was held in Addis Ababa, Ethiopia from June 4 to 5, 2015

Delegates who participated in the training



Create research networks: Some institutions will be invited to join the group on and hoc bases to share knowledge and experiences. It was also agreed that the working group will be an ongoing process with regular meetings to monitor progress.

Modalities for information sharingCreate a website for information sharing and organising regular meetings

Monitoring and reporting on the implementation of proposalsMonitoring and reporting: timely report on each institutions work to avoid duplication, share information, for division of labour, member institutions should however focus on the research agenda of the group. their work should be anchored to the research agenda of the working

group. Distinguish between the reporting by the working group and the reporting of research of each institution. there is need for regular reporting to the heads of states through existing mechanisms.

ECA to be the secretariatethe secretariat will provide a summary of the research agenda. the Secretariat should be involved in monitoring. Division of labour. Institutions to focus on different research areas and make timely reports of research areas to avoid duplication and opportunity for collaboration.

Expected outcomesresearch reports with Policy recommendations and conclusions from the reports, educational tool kits (which will be used to package the findings of the research) Package the tool kits separately for the different users

such as financial regulators, tax administrators. A practical guide on IFF for countries regarding how to tackle IFF. this would be the task of the group but participants were encouraged to input into this. the research should be linked to actual advocacy.

Follow-upthere is need to develop follow-up system, and discuss the cost involved in undertaking this research. this will be a short term, medium term or long term. It is expected that countries which will benefit from the work should provide financial support to this Group.

At the close of the session, Mr. Adeyemi Dipeolu, Director of Capacity Development Division of ECA, thanked the participants for the valuable proposals which will enable the Working Group to carry forward the work of HlP.

OAPI - ARIPO 2nd Joint Committee Meeting, Yaoundé, Cameroon

le Directeur général de l’ArIPo en visite à l’oAPI

Fernando Dos Santos, Directeur général de l’African regional Intellectual Property organization (ArIPo), est en visite de travail au siège de l’oAPI du 10 au 11 juin 2015. Cette visite s’inscrit dans le cadre des travaux de la commission mixte entre

ces deux organisations sœurs.

renforcer les liens de coopération et établir une nouvelle approche de leurs relations, telles sont les ambitions affichées par les responsables des deux institutions.



on 22 June 2015, a high level delegation from the State Intellectual Property Office (SIPo) of the People’s republic of China led by the Deputy Commissioner, Mr. Gan Shaoning visited ArIPo for a bilateral meeting that culminated in the signing of a Plan of Action for the Bilateral Cooperation for the period 2015 – 2016. ArIPo’s cooperation with SIPO was first cemented by the Memorandum of Understanding that was signed between the two offices in July 2007.

Within the f r a m e w o r k of this Co-o p e r a t i o n A g r e e m e n t , the two parties on 22 July 2015 agreed to strengthen h i g h - l e v e l exchange visits, for each party to keep abreast of developments at the other. this would also include exchange of experiences in the field of development of traditional knowledge protection as well as patent administration and utilisation. The two offices also agreed to have some officials from ARIPO to undertake training at SIPo.

the 2007 cooperation agreement has enabled many participants from the ARIPO office and the member states to be trained

in the processing of patent applications, formality and substantive examination and registration procedures.the Director General of ArIPo, Mr. Fernando Dos Santos, pledged ArIPo’s closer co-operation with SIPo to achieve the noble objective of empowering the people of Africa to be more creative and innovative and increase the

use of the intellectual property system for their social and economic development.

Mr Dos Santos noted that while China has arguably become one of the largest investors and trading partners in Africa in terms of FDI and trade volumes, there was generally no corresponding increase in protection of these investments and products’ intellectual property rights in Africa and in particular through the ArIPo route.

Considering the importance of agriculture in Africa, the Director General urged Africa to take inspiration from the great successes that SIPo has achieved in the promotion of agricultural products and geographical indications.

the Deputy Commissioner said that SIPo attached great importance to the co-operation

agreement with ArIPo and he hoped that the ArIPo member states would learn from the Chinese experience in the IP realm which has been elevated to highest levels through the promulgation in 2008 of a National IP Strategy which is composed of 20 government agencies. He promised to promote the ArIPo route with the Chinese companies as he was encouraged by ArIPo’s vision and potential as well as Africa’s general economic outlook.

Visit of the Deputy Commissioner of the State Intellectual Property Office (SIPO),

Harare, Zimbabwe



Zambian company proving bees can be big businessby Wesley Cate

While headlines in the west sound the alarm on the mysterious decline of honeybee populations in Europe and North America, the business of bees is growing in Africa.

one company, Bee Sweet ltd, has developed a scalable and replicable business model that is not only producing high quality, certified organic honey for domestic retail and export, but also saving trees and substantially increasing the incomes of rural farmers in Zambia. “You’ve got to understand, what we’re doing is nuts,” Bee Sweet’s founding entrepreneur John Enright asserts. “We’ve made 50,000 beehives and we’re giving them all away – this is insane.”

Bee Sweet, headquartered in Ndola, Zambia, has spent the last eight years perfecting its business model. the traction it has gained is significant. The company currently contracts about 10,000 rural households, which oversee 50,000 hives. In 2014, Bee Sweet harvested 150 tons of its light amber, polyfloral honey and paid out about $100,000 to smallholder farmers across Zambia’s Miombo forests.

With its success in retail and road-side shops across Zambia under its Bee Sweet and It’s Wild! brands, the company has started to look abroad for new market opportunities, particularly in the EU and in regional markets. It currently has one private label brand in the UK, for which Bee Sweet won a Great taste Award in 2014.

Working with smallholder

farmersBut these gains haven’t come easily over the last eight years. “We started over and over and over. My efforts were misguided, I had to unlearn what not to do,” says Enright. “What we found out is that we cannot fight against the culture,” he explains. “If your project runs counter to the culture, then it is doomed to fail.”

Enright has a clear-eyed view of subsistence farming life. “these are farmers, I can’t ask them to do something else that will cause them to possibly starve to death. I can’t ask them to stop their traditional way of surviving done through the years,” he says. “Consequently,

the beehives are not taken care of by the farmer. We send people out to do the harvesting. the farmers are just guarding the beehives, making sure they aren’t stolen.” Aside from working within local customs, Bee Sweet utilises a sophisticated incentive scheme to ensure that each stakeholder is fairly compensated for his or her work. Here’s how it works: Bee Sweet representatives develop a partnership with a local chief by pitching the honey scheme to him. “[We say] if you’ll give us access to your land and families, we are going to put in a profitable bee business in your area.” the company then gives the chief five of his own hives, which will give

him 10% of the honey produced at harvest.

once the chief agrees to allow the scheme to operate in his village, the community elects a local mentor to manage all the hives there. the mentor then receives a few weeks of training onsite at the Bee Sweet headquarters where he learns to assemble kitted hives, how to select hive locations, how to check the hives, and how to bait them if the bees have swarmed. the mentor is paid based on the number of hives he

harvests, as well as on the percentage of the honey that’s produced, rather than a salary.

Twice-yearly harvestEach household starts with five apiaries, which are hoisted up in a tree about 20 - 30 feet. “No one touches it. We lower the beehive twice a year when we harvest the honey. If the hive is abandoned we clean it up, put some bait in it, and stick it back

up in the tree. the bees come in automatically,” Enright explains. “this is perpetual motion in Africa, it’s too good to be true but it is.” twice a year, Bee Sweet sends representatives with a truck and cash to collect the harvested honey. Each farmer will have two buckets of honey, which are weighed and catalogued according to EcoCert organic specifications. the farmer is paid for the honey along with the mentors and the harvesters the mentor hired to help him collect honey. Each individual is paid 10% of the honey harvest. As a result, the farmers get $50 - $100 every month for protecting the hives on their land, which is a significant addition to

MEMbER StatES NEwS


the roughly $5 - $7 a month they make from their farming plots alone. “Everybody has to be on the profit share they have to be incentivised by the 10% versus other pay structures like salary or an hourly wage,” Enright says. this incentive structure ensures the hives are protected, the number of hives grown, and high quality honey is harvested for Bee Sweet, which pays farmers better for their honey than other suppliers.

Better quality honey, protecting forestsAnother reason Bee Sweet has seen success is that it uses low maintenance hives, which it builds in its local hive factory. “We have

developed a beehive that requires no management,” Enright explains. “We call it the hybrid Kenyan, top-bar beehive.” traditionally, honey produced in Zambia comes from bark hives, which yield a dark, smoky honey that’s considered inferior on international markets. Bee Sweet’s top-bar hives yield more and better honey – up to 30kg each year compared with half as much from bark hives.

An added benefit of Bee Sweet’s top bar hives is that they curtail deforestation, which is on the rise in Zambia. Many rural farmers will chop down trees to make charcoal to sell, but the hives not only rely on living trees, they also provide a

better source of income than the charcoal. As a result the farmers are deterred from chopping down trees on their land. “It’s very straight forward, and it’s just money,” Enright says.

looking ahead, Bee Sweet plans to further expand its operations in Zambia with an expectation of placing half-a-million hives with smallholder farmers. It is also franchising its model in Malawi and Congo, which currently have 500 and 1,500 hives respectively, with plans to expand.

Source: http://www.howwemadeitinafrica.com/ zambian-company-proving-bees-can-be- big-business/49977/

the 2015 World Intellectual Property Day which falls on every 26th April was celebrated in most of the ArIPo Member States with the theme from WIPO “Get Up Stand Up for Music”, Rwanda, Namibia, Uganda, Tanzania, Botswana to name a few. Some of the highlights are:

TANZANIAthe Copyright Society of tanzania (CoSotA) celebrated the World IP day in its unique way on 24th April 2015 due to the fact that 26th April 2015, it’s a Union Day between Zanzibar and mainland. the invited guest of Honour was the Honorable Deputy Minister for Industry and trade Mrs. Janeth Mbene and WIPo representative Dr. Maricela ouma. there were 138 participants from government officials, n o n - g o v e r n m e n t a l offices, reproduction rights society of tanzania (KoPItAN), CoSotA staff, public, right holders of different categories of works including musical, dramatic,

literary. the theme for the 2015 World IP day from WIPo was GEt UP, STAND UP FOR MUSIC and CoSotA had a national theme “SANAA NI KAZI lIPA MIrABAHA” meaning pay royalties for creative industries.

the participants were informed of the importance of intellectual property that it needs to be promoted and protected by using the available legislations and

institutions mandated to protect IP which drives the economy of the country offering job opportunities and conducive environment for

investment.

the occasion was graced with entertainment from performing artists who performed live comedy on the need to register oneself and his works with the copyright office for evidential purposes and statistics. Also visual artists displayed their work of art and artists in the music who performed different songs including the World IP day song

created and performed by Maureen Fondo aka the anointed former Senior Legal Officer of COSOTA and she was joined by colleagues, CoSotA board members and participants.

Participants were of the view that it was a very good platform for raising awareness of Intellectual Property and rights management. tanzania need awareness on traditional knowledge and expressions of folklore on how best to manage it to

achieve the intended objectives in the Swakopmund Protocol and ArIPo to take initiative to do so and convince the member states

WORLD INTELLECTUAL PROPERTY (IP) DAY CELEBRATIONS 26th APRIL 2015 IN ARIPO MEMBER STATES

First row centre Hon. Janeth Mbene to her left Dr. Rita Mwaipopo (Chairperson of COSOTA Board), Doreen A. Sinare (Chief Executive Officer of COSOTA) pose for a group photo with some of the artists


MEMBEr StAtES NEWS

to accede to the protocol.

BOTSWANAIn Botswana they also celebrated the World IP day with the theme ‘Get Up Stand up for Music” with objectives including to highlight the importance of the creative industries in uplifting the lives of artists and contributing to the socio - economic and cultural growth and development of the country; to increase awareness about proper use for copyrighted works (music in particular) and condemn piracy; promote the use of the hologram on sound and audio-visual works availed for sale in the market and communicate the role of CoSBotS in the promotion and use of musical works.

the event was organised with several partners Companies and Intellectual Property Authority (CIPA), Department of research Science and technology (DrSt) and Copyright Society of Botswana (CoSBotS). the commemoration of the World IP Day started off with an early morning march with singing and dancing as well as spreading a themed banner.

A keynote address was made by Mr. Keletso rakhudu who is a former Minister of trade and trade and Industry and the patron of Botswana Musicians Union. Mr. Rakhudu himself is an artist.Dignitaries who graced the commemoration included Kgosi (Chief of Batawana tribe), Officer Commanding of the Botswana Police, the District Commissioner and Mr Caxton Senyatso a renowned musician.

Entertainment was provided by various upcoming and established artists in the country from the Maun

and its surrounding villages. these included Chris Manto 7, Disaitsaneng Cultural Group and Skrippa tee and a renowned music legend Stiga Sola. A Motswana script writer who also holds a Masters in Intellectual Property, Mr. Bathusi lesolobe was engaged to write a drama play around the 2015 World IP Day theme. the script was written in Setswana. A local drama, the Drum theatre Productions group was identified and engaged to act the play. The main message of the play was to speak against piracy, promote the use of the hologram and also highlight the fact that artists can make a living out of their creativity. the Drum theatre Productions is made up of the youth from Maun town. their performance was highly appreciated and found to be a success in disseminating information in line with the theme of the event. Also anti-piracy raid was conducted on the 28th April 2015 by the organising institutions, musicians in Maun and the Botswana Police. the messages about the importance of music through drama was clear and ease to understand by Batswana of all walks of life more so that it was relayed in Setswana and there is need to demystify the subject of copyright more.

RWANDArwanda also celebrated the World IP day they raised awareness on intellectual property by having a two day workshop for musicians. the Minister for trade and Industry, Hon. Francois Kanimba graced the occasion and emphasized the importance of registering intellectual property and being remunerated for their works.

ConclusionFor more information on the World IP day 2015 events by ArIPo Member States and the rest of the world visit the World IP day map at: http://www.wipo.int/ip-outreach/ en/ipday/#events

recommendation:It would be good for ArIPo to have an ArIPo day annually to commemorate when the Member States took the proud and brave step of forming ArIPo on 9th December to pool the resources of the member states together in promoting intellectual property.

Disaitsaneng cultural group during their performance


MEMBEr StAtES NEWS

In the early 1970s, fans of Bob Marley and the Wailers gathered around record players, 8 track tape decks and cassette players to listen to “Get Up, Stand Up”, which went on to become an international anthem for human rights.

Decades on, technology has transformed societies as well as music: How it is created, recorded, distributed and enjoyed. Digital music files and Internet connections have provided new platforms and audiences for recording artists, but have also added new pressure on their

livelihoods as a result of mass piracy, fast evolving business models and an uncertain future.Each April 26, World IP Day celebrates the human ingenuity and creativity that drives progress, benefiting mankind. And what is more universal than music, a manifestation of the inmate human desire to get together and groove? that’s why the theme for this year’s World IP Day is Get Up, Stand Up for Music.

“Music is part of an extraordinary revolution that is taking place around us, a revolution that is fundamentally changing the way

creative works are produced, distributed and consumed,” said WIPo Director General Francis Gurry in his World IP Day 2015 message. Getting your music into mass forms of media or entertainment can often lead to increased record sales, better recognition, and sometimes even large-scale fame. But how exactly do you bring your music to the attention of the right people? Click on the link below to read our guide to music in film, TV, advertising, and video games for the low-down on how to leverage these exciting channels for greater success: http://goo.gl/EOD2A9.

In April 2013, IP Australia inaugurated a regional Patent Examination Program with the aim of developing and delivering an intensive online training program to participants in different countries. the program was launched with the support of the Asian - Australia - New-Zealand Free trade Agreement (AANZFtA) Economic Cooperation Work Programme (ECWP) funded by Australia Government and the World Intellectual Property organization (WIPo) providing support for African participation in rPEt program.

Effective patent examination training takes time and investment, thus IP Australia decided to develop a comprehensive distance learning capability for patent examination training for overseas IP Offices that

allow for in depth training and knowledge transfer necessary to examine patents to international standards.

The first intake of Regional Patent Examination training (rPEt 2013) included 8 Examiners from Indonesia, Kenya, Malaysia, the Philippines and African regional Intellectual Property organization (ArIPo) represented by Ms. Flora Mpanju.

What is the RPET program?rPEt is a modern, comprehensive and intensive competency based online training program. It is based on IP Australia’s existing training framework , with a focus on search and examination under the Patent Cooperation treaty (PCt). the program uses various innovative learning methods such as virtual lectures, one-on-one mentoring online, offline, face - to - face and virtual meetings and online communities of practice, facilitated by experienced IP Australia examiners.

What does RPET aim to achieve?rPEt aims to build the patent examination capabilities of participating offices by:

• Improving the competency of examiners to conduct search and examination to international standards (PCt standards);

• Embedding learning into the workplace; and providing the ability to align domestic practices with international standards.

• Helping to enhance the consistency and quality

Get your music into film, TV, advertising and video games

Graduation of the First Cohort of IP Australia Regional Patent Examination Training Program (RPET 2013) 14th April 2015.

Ms. Flora K Mpanju Senior Patent Examiner graduate of (RPET 2013) receiving her certificate of competency from the Director General of

ARIPO on behalf of IP Australia Director General


MEMBEr StAtES NEWS

of patent examination in other offices will over time contribute to greater confidence of IP rights that are granted. this can lead to increased business confidence

and in turn facilitate trade and technology transfer in our region.

Benefit to ARIPOEffective patent examination

training takes time and investment, therefore ArIPo has gained by training its Examiners through this intensive program. So far 3 examiners from ArIPo are benefiting through this program. this program has enhanced the consistency and quality of patent examination at ArIPo that over time will contribute to greater confidence of IP rights that are granted, thus ArIPo will qualify the ISo standard. this will lead to increased business confidence and in turn facilitate trade and technology transfer in ArIPo region.

The Administrative Officer , Mr. M. Bukhwele, under went the Masterclass training in Protocol that was run by the European School of Protocol.

the training course was spread over 5 intensive days and was split into theory and the practical application of the concepts. the highlight included a visit to the European Parliament and working luncheons that were an integral part of the training. the broad categories of the training were Protocol and Etiquette, International Protocol, Effective Public Speaking, Presentation Skills and Professional Communication Skills.

Protocol and EtiquetteThe origins and definition of protocol and etiquette were defined and rooted in French aristocracy. the role was then contextualised for contemporary international relations and business practice. While protocol and etiquette have evolved in line with trends the underlying philosophy has remained constant: to facilitate the smooth flow of business, international relations and politics. An expose was given on

the following areas; rationale for order of Precedence, Diplomatic order of Precedence, Institutional order of Precedence, Government order of Precedence, Heads of State of Precedence and general rules to be observed.

Effective Public Speaking, Presentation Skills and Professional Communication Skillsthe module centred on silent and spoken communication techniques in executive communication. the protocol of running and attending meetings and negotiations was geared more towards verbal diplomacy. there was a distinction between the main types of protocol namely European (French and British) and American. there are areas of convergence and critically areas of major differences. there is need to be aware which type is in use, the United Nations headquarters in New York tends to adopt the American style while the headquarters of the specialised agencies tend to adopt the European style.

the importance of effective formal and informal business correspondence as powerful

enablers of communication for sound decision making. the art of cross-cultural communication: taboos, sensitivities and pitfalls to be mindful of.

International Protocolthis module covered international events including the management and organization of such events, order of precedence, public diplomacy, rules on gift giving and receiving. there was overlap with cross-cultural communication in the area of cross-cultural awareness including understanding the major religions around the world. the training was useful and exposed some of the shortcomings in ArIPo’s approaches to issues on protocol, presentations and communication.

The European School of Protocol®`s Protocol MasterClass Programme

Delegates who attended


MEMBEr StAtES NEWS

Mr Christopher Kiige, the Director of Industrial Property at ArIPo is the Most outstanding Employee for the month of April 2015. Mr Kiige spearheaded all the internal logistics preceding the inauguration ceremony marking the successful completion of the Project for the Upgrade and Modernisation of the ICt Infrastructure of the ArIPo Office and its Member States which was held on 24 April 2015 at the ArIPo Headquarters in Harare,

Zimbabwe. the project was funded by the Korea Interna- tional Cooperation Agency (KoICA).

Mr Kiige received a Certificate of Merit, a shield and token prize money. In his acceptance speech, Mr Kiige attributed the success of the project and event to teamwork and collaboration amongst all staff and considered it expedient to share the token prize money with all members of staff.

Mr. Graham Mhlakaza, Assistant Senior Human Resources Officer at the ARIPO office was on June 30 2015 been admitted to Chartered Membership of the Chartered Institute of People and Development (CIPD) UK. CIPD is a chartered professional human resources (Hr) and people development body responsible for promoting and developing the Hr profession, setting and maintaining professional international Hr best practice standards.

CIPD offers professional training and accreditation for those working in Hr and learning and development throughout the globe and accredits HR qualifications at universities across the UK. CIPD’s vision is to define and represent the international benchmark for excellence in people and organisation management and development and its membership is drawn from the private, public and voluntary sectors.

Professional membership of CIPD is attainable on application upon completion of the CIPD’s Advanced post graduate diploma in HrM and/or a recognised equivalent; or through the rigorous assessment

of one’s prior learning and experience in developing and implementing people projects or programmes to deliver organisational performance and to solve business problems which are measured against organisational objectives and metrics, developing and influencing HR and organisational strategy, managing and implementing change. there are three levels of CIPD professional mem bership namely, Associate Member, Chartered Member and Chartered Fellow.

out of a current total membership comprising over 135 000 ordinary, students and professionals across the globe, 39 246 are chartered members and of these, 120 of are from Africa and only 1 (who happens to be Graham) is from the republic of Zimbabwe.the qualification for admission to chartered membership of the CIPD is a demonstration of knowledge and professional experience in Hr and people development that meets the CIPD’s rigorous assessment criteria in terms of professional standards for international human resources best practice. ArIPo is therefore assured of the delivery of world

class Hr strategies and initiatives that support organisational objectives and drive sustained organisational value and growth. Graham believes in excellency and innovation and has set out to make a transformational impact to ArIPo’s overall strategy and has committed to continuing professional development on current international best practice, industry trends and changes and shall be pursuing further assessment for admission to Chartered Fellowship of the CIPD in the not so distant future.

Mr W. Mulenga, Senior Documentation and Publications Officer [Right] hands over to Mr Kiige

The Most Outstanding Employee for the Month of April 2015

Admission to Chartered Membership of the Chartered Institute of People and Development (CIPD) UK

Mr. Graham Mhlakaza, Assistant Senior Human Resources Officer at the ARIPO office


MEMBER STATE NEWS

by Priya Pitamber

Rural communities in Kenya are benefiting from a solar power drive by Green Energy Africa. Masai women buy the equipment from the organisation, sell it for a small profit, and are empowered to install it themselves.

When night falls in Kenya’s Kajiado County villages, such as Magadi, residents face danger that is relatively unknown in big, bright cities. their cattle becomes prey for hyenas and big cats; and they breathe in smoke from the fires and lamps as children try to complete their school work and people try to keep warm and cook their food. things are slowly changing, though. An initiative is helping entire villages by providing solar powered lights and empowering women, by teaching them to install these lights themselves. Jackline Naiputa told news agency reuters that the impact of solar technology was unparalleled. She heads up the Osopuko-Edonyinap group, one of five taking the lead in spreading alternative energy in the area. “the light scares the hyenas away, so we don’t have to worry about losing our animals at night,” she explained.

In 2014, she lost 10 goats to big cats. Before she got solar lamps installed in her homestead, her son used to brave cold nights in the cattle enclosure to guard her livestock. But now, she and all her children sleep in the warmth of indoors.

THE PROCESSthe initiative, by Green Energy Africa (GEA), is called Women and Entrepreneurship in renewable Energy Project (WErEP). the goal is to convert the whole of Kajiado County to solar power.

the organisation trains women to install solar devices themselves on to homes. the women buy the energy efficient lights, solar panels, and rechargeable batteries from GEA at a discounted rate. they use donkeys to transport them across various villages, and sell them

for a small profit.

“the solar energy drive began around September 2014,” the organisation said. “And so far about 2 000 households in the country have adopted solar technology.” there have been 200 women participating in the WErEP initiative. According to GEA, only 23% of Kenyans have access to the national electricity grid and only 5% of rural communities are connected.

BENEFITS ALL AROUNDBesides being able to protect their cattle, and their children being able to study at night, there are other perks to using solar energy. It is much cheaper than both kerosene and firewood. “The nearest market where one can charge a cellphone or buy kerosene is 15 kilometres away, and it is only held one day a week,” Naiputa explained.

Before the installation of the solar panels, she would spend 40 Kenyan shillings (about r5) a day on kerosene and 100 shillings a week to charge the family’s two mobile phones. Fewer trees are also being cut for firewood. The National Environmental Management Authority has said that chopping down trees means they now cover just 1% of the land area. there will also be overall improved health benefits as less fire smoke is inhaled. “According to a 2014 World Health organization report, household smoke was responsible for 1.6 million deaths worldwide,” noted reuters.

“our community customs do not allow women to own any property,” Naiputa said. “But now women here own the solar technology, and it is something we are very happy about.”

Read more: http://www.mediaclubsouthafrica.com/tech/4315-maasai-women-lead-solar-revolution-in-kenya#ixzz3jFI9ZgVx

Masai women lead solar revolution in Kenya

Masai women are changing their communities for the better by installing solar powered lights in villages

Donkeys are used to transport solar panels across Kajiado County in Kenya.


MEMBER STATE NEWS

PIRACY & ENFORCEMENT OF COPYRIGHT & RELATED RIGHTSCopyright being a creation of human mind needs to be appreciated and respected by all but there are people who want to reap where they did not sow hence there is need to protect and enforce the rights where need arises, such as unauthorized use, unauthorised reproduction, distribution of copyright works for commercial purposes without the consent of the copyright owner. All this is piracy.

Piracy is a big challenge in most of the ArIPo Member States and the world at large as it stifles creativity; denies the right holder remuneration of his work; impact on government revenue; hinders the development and growth of creative industries; hampers growth of legitimate enterprises thus leading to loss of employment opportunities; impacts the ability for nations to achieve their development goals like poverty alleviation, health etc; creates mistrust in the economy in general due to the pirated products; hazardous to health and safety due to poor quality products that cheat consumers; it diminishes the consumers economy; affects the global economy and can affect foreign direct investment among others. Whenever creativity is discouraged through pirates activities creativity is negatively affected. Quality of pirated products was previously often inferior quality than the original product but these days the pirated products are in most cases better quality than the original product hence causing confusion to the consumers. Hence there is a need for the copyright offices and collective management organizations to come up with sustainable strategies like specific holograms (security devices) for different works which the copyright offices or the collective management organizations or co-operation of the two can issue to the right holders to affix in their products for ease of authentication to help in curbing confusion between the original product and the pirated product and ensure only the original products are disseminated

in the market.

Due to the above and many more there is need of the rule of law and the laws in our countries to be observed. Having in place enforcement provisions in the laws; civil and criminal procedures, conservatory measures to enforce rights, remedies and penalties (sanctions) with clear procedures to be followed in case of infringement to be provided. the right holders need to be educated on the available remedies for them to take in case of infringement. In Zimbabwe the Copyright and Neighbouring rights Act Chapter 26:05 under section 51 provides on infringement. Copyright is infringed by any person who is not the owner of the copyright and who, without the owner’s authority, does or causes any other person to do an act in Zimbabwe which the owner has the exclusive right to do or to authorise.

the owner of copyright is to institute a suit and he is entitled to remedies for Infringement of copyright. Some of the remedies to the plaintiff damages, interdict, attachment, the rendering of account, the delivery of infringing copies or articles used or intended to be used for making infringing copies or otherwise, as are available in respect of the infringement of any other proprietary right. there is also a provision for Anton Pillar order which can be issued exparte without a notice being sent to the person who is in possession of the documents, infringing copies or other things to which the order relates provided that the tribunal or Court is satisfied that there is a real possibility that the documents, copies or things will be hidden, destroyed or rendered inaccessible if notice is given. the Court may require the applicant to give security.

In Namibia the Copyright and Neighbouring rights Protection Act 6 of 1994 provides for criminal and civil remedies. Under section 29 of the Act copyright shall be infringed by a person who, without the licence of the owner of the copyright, does or causes any other person to do, in Namibia, any act which the owner has the exclusive right to do or to authorise.

Infringements of copyright shall be actionable at the suit of the owner of the copyright and relief to the plaintiff can be by way of damages, interdict, delivery of infringing copies or plates used or intended to be used for infringing copies or otherwise as is available in respect of infringements of other proprietary rights. Damages contemplated may, at the option of the plaintiff, be calculated on the basis of the amount of a reasonable royalty which would have been payable under the circumstances by a licensee or sub-licensee in respect of the copyright concerned.

the Namibian Act also provides where in an action for infringement of copyright, it is proved or admitted that an infringement was committed but that at the time of the infringement the defendant was not aware and had no reasonable grounds for suspecting that copyright


FEATURE ARTICLE

fEatuREaRtiClE

subsisted in the work to which the action relates, the plaintiff shall not be entitled under this section to any damages against the defendant in respect of the infringement. [bold my em phasize]

the above provision needs to be applied with due diligence and care otherwise many infringers can see it as an escape goat when they infringe ones copyright.

Further the Namibian Copyright law provides for presumptions unless proved otherwise for example one is presumed to be an original work or program unless the contrary is proved; copyright shall be presumed to subsist in that work or program and the person whose name so appeared shall be presumed to have been the owner of that copyright at the time of the publication, unless the contrary is proved or the actual name of the author of a pseudonymous work is commonly known. the name purporting to be the name of the author of that film appears there on in the prescribed manner, the person whose name so appears shall be presumed to be the author of that film unless the contrary is proved.

A person who, at a time when copyright subsists in a work without the authority of the owner of the copyright makes for sale or hire; sells or lets or by way of trade offers or exposes for sale or hire; by way of trade exhibits in public; imports into Namibia for a purpose other than for his or her private or domestic use; distributes for purposes of trade; or distributes for any other purpose, to such an extent that the owner of the copyright is prejudicially affected, any article which he or she knows to be an infringing copy of the work; or makes or has in his or her possession a plate knowing that it is to be used for making an infringing copy of the work, shall be guilty of an offence.

A person convicted of an offence shall in the case of a first conviction, be liable to a fine not exceeding N$12 000 or to imprisonment for a period not exceeding three years or to both such fine and such imprisonment; or in the case of a second or any subsequent conviction, be liable to a fine not exceeding N$20 000 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment, in respect of each article to which the offence relates.

In tanzania Copyright and Neighbouring rights Act No. 7 of 1999 provides for civil and criminal remedies that any person whose rights under the Act are in imminent danger of being infringed or have been infringed, may institute proceedings in the United Republic of Tanzania for an injunction to prevent the infringement or to prohibit the continuation of the infringement; pray for payment of any damages suffered in consequence of the infringement, including any profits enjoyed by the infringing person that are attributable to the infringement. Exemplary damages may be given by the court at its discretion if the infringement is found to

have been prejudicious to the reputation of the person whose rights were infringed.

the injured party may bring an action in court for injunctive relief requiring the wrongdoer to cease and desist if there is a danger of repetition of the acts of infringement was intentional or the result of negligence. In lieu of damages, the injured party may recover the profits derived by the infringer from the acts of infringement together with a detailed accounting reflecting such profits. The injured party may require the destruction of copies that have been unlawfully manufactured or unlawfully distributed or which are intended for unlawful distribution; equipment such as moulds, plates, engraving stones, blocks, stencils and negatives which were destined exclusively for the unlawful production of copies be rendered unusable, or if this is not practicable, destroyed. If the appearance of the copies or the equipment causing the infringement can be modified in some other fashion that the work no longer constitutes an infringement of the rights of the injured party, in such case such injured party may only require that such measures be undertaken as to achieve this effect.

the court has jurisdiction on conservatory and provisional measures and as it may deem reasonable to grant injunctions to prohibit the committing, or continuation of committing, of infringement of any right protected under the Act; to order the impounding of copies of works or sound recordings suspected of being made or imported without the authorisation of the owner of any right protected under the Act. Further the Act states that any person who knowingly violates, or causes to be violated, the rights protected under the Act shall be liable to a fine of not exceeding more than five million shillings or to imprisonment for a term not exceeding three years or to both, for the first offence if the infringement was on a commercial basis; and a fine of not exceeding ten million shillings or to imprisonment for a term not exceeding five years or both, for each subsequent offence if the infringement was on a commercial basis.

the Botswana Copyright and Neighbouring rights Act Chapter 68:02 provides for criminal sanctions under section 31 that any person who contravenes the provisions of the Act so as to infringe a right protected under the Act for profit, shall be guilty of an offence and upon conviction shall be liable to a fine not exceeding P20,000 or to imprisonment for a term not exceeding ten years or to both.

Analysisthe penalty provision for Namibia section 33(3)(a) (b) and tanzania section 42(1) (a)(b) and Botswana section 31(1) which uses the words “ not exceeding” a certain


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amount or number of years imprisonment. to my view it needs to be reviewed as the Court can decide to give the least amount (which does not equate to the offence committed) provided they do not exceed the statutory amount because in most cases copyright infringement is not taken with seriousness as other crimes in the penal codes.

i propose the penalty provision should be “not less than” a certain amount or number of years hence for example the case of a first conviction, be liable to a fine not less than N$12 000 or to imprisonment for a period not less than three years or to both such fine and such imprisonment; or in the case of a second or any subsequent conviction, be liable to a fine not less than N$20 000 or to imprisonment for a period not less than five years or to both such fine and such imprisonment. As for section 31(2) of the Botswana Copyright and Neighbouring right Act provides that any person convicted of a second or subsequent offence shall be fined a minimum of P30,000 or a maximum of P5,000,000 [bold my emphasize] or be imprisoned for a term not exceeding ten years, or to both.

Am of the considered view that the words “a maximum of P5,000,000” should be deleted and late the Courts operate as per their pecuniary jurisdiction and delete “not exceeding” replace by “not less than” ten years.

Court CaseIn Iramba – Singida tanzania, republic Versus Juma Mohamed t/a Mohamed Cable on 10/03/2015 was taken to court charged with re-transmitting signals and rebroadcasting via cables without authorisation of the right holder. He admitted to the charges and the Court held: he is to go to jail for two years or to pay a fine of 600,000tshs (US$300). He paid the fine. Having provisions on Anthon Pillar order and destruction costs to be done by the offender in the Copyright laws will also help in the enforcement.

Conclusiontherefore protection and enforcement of creator’s rights will succeed where we have the collaboration of all the enforcement agencies (police, customs, judiciary and prosecutors), copyright offices, collective management organizations, rights holders, members of the public

and neighbouring countries as pirates are now using cross boarder business mechanisms.

“We should not see the observance and enforcement of [copyright] as merely protecting the interests of the developed world [or creators], but rather as a powerful tool to galvanise our domestic industry while retaining national culture, national inventiveness, and national creativity” Betty Mould Iddrisu, Introduction to Intellectual Property rights: A Developing Country’s Perspective (2003).

Pirate’s cable station

Chairman of Copyright Society of Botswana (COSBOTS), Mr Solomon Bame Monyame talking to journalists

Pirate’s hiding the decoders in the microwave

Destruction of pirated CDs and DVDs

Pirate’s having different devices to record and rebroadcast the programs


FEATURE ARTICLE

BOTSWANAregistrar of Companies and IntellectualPropertyPlot 181, Kgale MewsP o Box 102GABORONE, Botswana

Tel.: (267-31) 88754/ 3950002Cell: (267) 71322582/ 71724516Fax: (267-31) 88130E-mail: [email protected] or [email protected]

GAMBIAregistrar GeneralDepartment of State and Justice& Attorney General’s ChambersMinistry of Justice4 Marina ParadeBANJUL, the Gambia

Tel.: (220) 4229541/ 4222468 / Deputy: 4222484Cell: (220) 990889Fax: (220) 4225352/ 4393197 D/LE-mail: [email protected]

GHANAregistrar Generalregistrar General’s DepartmentP o Box 118ACCRA, Ghana

Tel.: (233-21) 666469/ 666081/ 676041Fax: (233-21) 666081/ 662043Cell: 0277550836E-mail: [email protected]

KENYAManaging DirectorKenya Industrial Property Institute (KIPI)Ministry of trade & Industry, Weights& MeasuresKapiti road – off Mombasa roadSouth CP.o. Box 51648NAIROBI, Kenya

tel.: (254-20) 602210/11, 606306Fax: (254-20) 606312E-mail: [email protected] LESOTHOregistrar GeneralRegistrar General’s Office and Masterof the High Court2nd Floor, Africa HouseGovernment ComplexPhase 2, High Court roadP.o. Box 33MASERU 100, lesotho

tel.: (266-22) 324121Fax: (266-22) 310402/ 310929Cell: 266-58882220/ 22326101 (home)E-mail: [email protected]

LIBERIAActing Director GeneralLiberia Industrial Property Office (LIPO)Office of the Consultant Intellectual Property Systems4th Floor AnnexMONROVIA, liberia

tel.: (231) 223011/ 6525562Cell: (231)886525562Fax: (231) 244047E-mail: [email protected]

MALAWIregistrar GeneralDepartment of the registrar GeneralMinistry of JusticeP.o. Box 100BLANTYRE, Malawi

tel.: (265-1) 824355/ 824456Fax: (265-1) 821686Cell: (265) 08899578E-mail: [email protected]

MOZAMBIQUEDirector GeneralIndustrial Property Institute of Mozambiquerua Consigliere Pedroso No. 165P.o. Box 1072MAPUTO, Mozambique

Tel.: (258-21) 354900/10Fax: (258-21) 354944Cell: (258) 82975440

NAMIBIAregistrar of Companies, Close Corporations, trademarks, Patents and DesignsMinistry of trade and IndustryP.o. Box 21214WINDHOEK, Namibia

tel.: (264-61) 2837111Fax: (264-61) 222576/ 220227E-mail: [email protected]

RWANDAregistrar Generalrwanda Development Board (rDB)Office of the Registrar GeneralP.O. Box 6239KIGALI, rwanda

tel.: (250) 788 4871E-mail: [email protected] or [email protected]: www.org.rdb.rw

SÀO TOMÉ AND PRÍNCIPEMinistry of tourism, Commerce and IndustriesNational Office of Industrial Property (SENAPI)rua Viriato da Cruz 1º Andar DtoP.O. Box 198SÀO TOMÉ, Sào tomé and Príncipe

Tel.: (239-12) 22803/ 21843Fax: (239-12) 21843/ 22427/ 24179

SIERRA LEONEAdministrator & registrar GeneralOffice of the Attorney General andMinister of Justiceroxy BuildingWalpole Street,FREETOWN, Sierra leone

tel.: (232-22) 26815/ 22854Fax: (232-22) 224439Cell No.: 232-76610533/ 76616988 / 76610533E-mail: [email protected]

SOMALIADirector GeneralMinistry of IndustryP.O. Box 928MOGADISHU, Somalia

tel.: (2521) 526312/ 272775/ 216460Fax.: (2521) 658004E-mail: [email protected]

SUDANregistrar General of Intellectual PropertyMinistry of JusticeP.o. Box 744KHARTOUM, Sudan

Tel: (249-83) 742358 / (249) 155 126 862Fax: (249-83) 742356E-mail: [email protected]

SWAZILANDregistrarMinistry of commerce, Industry and tradeIntellectual Property OfficeP.o. Box 451MBABANE H100, Swaziland

Tel.: (268) 4046010/9Fax: (268) 4041832E-mail: [email protected]

TANZANIAActing Chief Executive Officer and Registrar of Patents and trade Marks. Business registrations & licensing Agency (BrElA)Co-operative Buildinglumumba StreetP.O. Box 9393DAR-ES-SALAAM, United Rep. of tanzania

Tel.: (255-22) 2180139 / 2181344 / 2180113 / 2180141Cell: 741258482Fax: (255-22) 2180371

Zanzibar OfficeExecutive DirectorZanzibar Business & Property registration Agency (BPrA)P.o. Box 260, ZanzibarTel.: +255 773 193 987E-mail: [email protected]

UGANDAregistrar GeneralUganda Registration Services Bureau (URSB)Plot No. 5, George StreetAmamu HouseP.o. Box 6848KAMPALA, Uganda

Tel.: (256-41) 235915 or 256-77-500205Fax: (256-41) 250712E-mail: [email protected] or [email protected]

ZAMBIARegistrar and Chief Executive OfficerPatents and Companies registration Agency (PACrA)Mwayi House, longacresHaile Selassie AvenueP.o. Box 32020LUSAKA, Zambia

tel.: (260-1) 255151/ 222650 D/l 255127Fax: (260-1) 227225/ 255426E-mail: [email protected]

ZIMBABWEController of Patents, trade Marks andIndustrial Designs - Ministry of Justice, legal & Parliamentary Affairs4th Floor, Century House EastCorner. N. Mandela Ave/Angwa StreetP.O. Box CY7704, CAUSEWAYHARARE, Zimbabwe

tel.:(263-4) 775544/6 775602 D/l 777052Cell: (263) 11 869 620Fax: (263-4) 777372/775602E-mail: [email protected]

MeMber StateS ContaCt DetailS

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www.outofafricamedia.co.zw

ARIPO Office11 Natal road, BelgraviaP.o. Box 4228, Harare, Zimbabwe

(+263) (4) 794 054, 794 065, 794 066, 794 068

(+263) (0) 731 559 987, 731 020 609

(+263) (4) 794072/3

[email protected] www.aripo.org @ariposocial

African regional Intellectual Property organization

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aripo magazine · 2018. 11. 7. · while retaining national culture, national inventiveness and...

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