MAGAZINE...2 ARIPO MAGAZINE: Vol. 10, No.3, July - September 2020 INTRODUCTION The African Regional Intellectual Property Organization (ARIPO) is an intergovernmental organization,

PATENTS | UTILITY MODELS | INDUSTRIAL DESIGNS | TRADEMARKS | TRADITIONAL KNOWLEDGE | COPYRIGHT

GENETIC RESOURCES | EXPRESSIONS OF FOLKLORE | ARIPO ACADEMY | GEOGRAPHICAL INDICATION | PLANT VARIETIES

Vol. 10, No. 3, July - September 2020www.aripo.org

DEVELOPING AN EFFECTIVE PLANT VARIETY PROTECTION SYSTEM

05

WHAT ARE THE GAINS FORMOZAMBIQUE FOLLOWINGITS ACCESSION TO THE BANJULPROTOCOL?

13

ACCESSION OF THE REPUBLIC OF MAURITIUS TO THE LUSAKA

AGREEMENT 15

11

MAGA ZINE

2

2 ARIPO MAGAZINE: Vol. 10, No.3, July - September 2020

INTRODUCTIONThe African Regional Intellectual Property Organization (ARIPO) is an intergovernmental organization, which was established on 9 December, 1976 under the Lusaka Agreement signed in Lusaka, Zambia. Its mandate is to develop, harmonize and promote intellectual property in the Member States of the Organization and in Africa.

Membership of the Organization is open to all the States members of the United Nations Economic Commission for Africa (UNECA) or the African Union (AU). Currently there are twenty Member States, namely; Botswana, Eswatini, The Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mauritius, Mozambique, Namibia, Rwanda, São Tomé and Príncipe, Sierra Leone, Somalia, Sudan, United Republic of Tanzania, Uganda, Zambia and Zimbabwe.

Substantive activities of the Organization are implemented through three treaties each focusing on a specific field of intellectual property. These treaties are: (a) the Harare Protocol on Patents and Industrial Designs; (b) the Banjul Protocol on Marks, and (c) the Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions of Folklore. A fourth treaty, the Arusha Protocol for the Protection of New Varieties of Plants is yet to enter into force.

The Harare Protocol was concluded in 1982 and entered into force on 25 April, 1984. Among other functions, it empowers the ARIPO Office to grant patents and register industrial designs as well as utility models on behalf of the treaty’s contracting states. The Harare Protocol incorporates other international treaties of relevance, for instance, the Paris Convention, the Patent Cooperation Treaty (PCT) and therefore enables applicants from the African region and elsewhere to file international applications and obtain protection of their intellectual property rights. The Harare Protocol has also been linked to the Budapest Treaty, which enables applicants to provide information on new micro-organisms claimed in patent applications. All Member States of ARIPO, with the exception of Somalia, are party to this Protocol.

Search servicesARIPO has custody of worldwide patent documents. With the available documentation and information retrieval systems, the organization offers several search services to the public including state of the art, novelty, validity, Bibliographic and Patent map searches.

The Banjul Protocol was concluded on 19 November, 1993 in Banjul, The Gambia and entered into force on 28 November, 1997. Contracting states under this Protocol are Botswana, Eswatini, Kingdom of Lesotho, Liberia, Malawi, Mozambique, Namibia, São Tomé and Príncipe, Uganda, The United Republic of Tanzania and Zimbabwe.

The Protocol empowers the ARIPO Office to register marks for goods and services in respect of and on behalf of the contracting states. Similar to the Harare Protocol, the Banjul Protocol provides a centralised system of registration and provides a mechanism for

the ARIPO system to co-exist with the national systems of the Banjul Protocol contracting states. Thus, an applicant can choose to register a mark with a national office for protection limited to that country or may elect to use the ARIPO route in which case the application should designate at least one contracting state up to the maximum of eleven.

The Swakopmund Protocol was concluded on 9 August, 2010 at a diplomatic conference held in Swakopmund, Namibia. It entered into force on 11 May, 2015. It acknowledges that traditional and local communities have for long utilised their traditional knowledge and culture for their survival and livelihood, and that there is now a gradual disappearance, erosion, misuse, unlawful exploitation and misappropriation of this traditional knowledge and folklore. Thus, the treaty seeks to empower and enhance capacity of custodians of traditional knowledge and folklore to realise their aspirations and prosperity through an effective protection system that will create a conducive environment for the respect, recognition, development and promotion of traditional knowledge and expressions of folklore and their continued use and development.

The Arusha Protocol for The Protection of New Varieties of PlantsThe Arusha Protocol for the Protection of New Varieties of Plants was concluded by a Diplomatic Conference that was held in Arusha, the United Republic of Tanzania on 6 July, 2015. The Protocol will enter into force only when four States have deposited their instruments of ratification or accession. The Protocol will provide Member States with a regional plant variety protection system that recognizes the need to provide growers and farmers with improved varieties of plants in-order to ensure sustainable agricultural production.

Protection of Copyright and Related RightsARIPO’s mandate on Copyright and Related Rights aims to ensure the Organization coordinates and develops policies for the effective growth and protection of Copyright and Related Rights, recognizing the value of creative industries to the contribution of national economies and employment in Member States, the emancipation of copyright from all forms of piracy and strengthening infrastructure used for enforcement of copyright laws in the Member States and Africa at large.

Capacity Building Activities and Awareness CreationARIPO established a state of the art Academy, which was inaugurated on 15 February, 2006 to serve as a center of excellence in teaching, training, research and skills development in the field of intellectual property for different target audiences, including creators, inventors, artists, business managers and IP professionals, journalists, parliamentarians, policy makers, university lecturers, government officials of IP institutions, students and the civil society. The Academy provides intellectual property training in different areas including Masters in Intellectual Property, tailor-made courses, professional courses, research studies, attachments, internships and fellowships, and training programmes that focus on industrial property, copyright, enforcement, traditional knowledge, genetic resources and folklore.

BACKGROUND INFORMATION ON THEAFRICAN REGIONAL INTELLECTUAL PROPERTY

ORGANIZATION (ARIPO)

CONTENTS

Susan MwitiDocumentation and Communications Officer

Emmanuel SackeyIntellectual Property Development Executive

Charles SatumbaDocumentations and Communications Associate

04

051213141617

ARIPO MAGAZINE: Vol. 10, No.3, July - September 2020 3

Editorial

Developing an Effective Plant Variety Protection System

Banjul Protocol on Marks Now Effective in Mozambique

Gains for Mozambique following its accession to the Banjul Protocol?

Accession of the Republic of Mauritius to the Lusaka Agreement

In and With Us You Remain

Member States contact details

The ARIPO Director General, Mr Fernando Dos Santos

I hope you have been keeping safe during the pandemic. By now, you have realized that many organizations and individuals have figured out a way of going on with their work and responsibilities in what many term as the ‘new normal’. At ARIPO, we have continued to perfect our operations and services as we continue to work remotely. There have been many achievements for ARIPO despite the COVID-19 induced challenges being faced globally over the COVID-19 pandemic. On September 25, 2020, the Republic of Mauritius deposited its Instrument of Accession to the Lusaka Agreement of December 9, 1976, establishing the African Regional Intellectual Property Organization (ARIPO) with the Director General of ARIPO, Dr. Fernando dos Santos. The accession of the Republic of Mauritius to the Lusaka Agreement brings the total number of ARIPO’s Member States to 20.

Another milestone achieved during this same quarter was that the Government of the Republic of Mozambique deposited its Instrument of Accession to the Banjul Protocol on Marks with the Director General as well. Pursuant to Section 11:4 of the Protocol, the latter entered into force, with respect to the Republic Mozambique, three months after the date of deposit of the Instrument of Accession, on 15 August 2020. Therefore, it now means that users of the ARIPO system can designate Mozambique in their trademark applications.

Furthermore, on 29 September 2020, the Republic of São Tomé and Príncipe deposited its Instrument of Ratification of the Arusha Protocol on the Protection of New Varieties of Plants of July 6, 2015, with the Director General of ARIPO. This makes the Republic of São Tomé and Príncipe the second ARIPO Member State to become party to the Protocol after the Republic of Rwanda that deposited its Instrument of Accession in June last year.

Despite the COVID-19 ongoing pandemic, we at ARIPO reassure you that we have put the necessary systems to continue with our mandate without much disruption. As such, we promise to maintain our value and usual support to the Member States, IP owners, and agents during these trying times. As usual, we encourage you to send us feedback on IP areas you would like to see covered in this magazine. If you have an article that you would like to have published, please contact us. Wishing you a pleasant reading.

Email: [email protected]

EDITORIAL

Copyright © 2020, ARIPO All Rights ReservedNo 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.



Developing an Effective Plant Variety Protection System for the Promotion of

Agricultural Productivity in Africa

THE CONTEXTAgriculture is one of the important sources of livelihood in Africa. It has been reported by the International Labour Organization (ILO) that an average of 54% of the working people in Africa are involved in agriculture. In Burundi, Burkina Faso and Madagascar, more than 80% of the labour force work in agriculture whiles their counterparts in Angola, South Africa and Mauritius have only 5.1%, 4.6% and 7.8% of the population working in agriculture respectively. Apart from the labour force, Africa has over 50% of the world’s arable land. Yet a quarter of the population in Africa suffer from hunger and undernourishment.

The above challenges together with effects of climate change and low yielding seeds have contributed to Africa’s low agricultural productivity. One of the remedies that have been proposed is for Africa to invest in the breeding of new varieties. In order to promote breeding, an enabling environment will have to be created in the form of incentives and legal protection, which is provided under the Plant Variety Protection (PVP) system. Our countries are now realising this need and are discussing how best to develop effective PVP system.

According to the Food and Agriculture Organization (FAO) publication, The future of food and agriculture - Trends and challenges (2017), the world’s population is expected to grow to almost 10 billion by 2050 and will be concentrated in Africa and South Asia. By 2100, Africa and Asia populations will reach 9 billion out of projected 11 billion people who will inhabit the earth. Coupled with climate change, conflicts and decreasing land availability for food and agriculture, it is critical for countries in the world to radically change and embrace productivity-enhancing green revolution technologies and innovations in production systems.

Looking ahead, the core question is whether today’s agriculture and food systems are capable of meeting the needs of a growing world particularly in the developing countries. The UN Sustainable Development Goals have provided a compelling vision on how multiple objectives can be combined to define new sustainable development pathways. This is well articulated in the SDG 2 which explicitly aims at ending hunger, achieving food security and improving nutrition and promoting sustainable agriculture. Consequently, critical parts of food systems are becoming more capital intensive, vertically integrated and concentrated in few hands. As this happens, it is likely that the small scale producers and landless households will lose out and seek opportunities and employment outside of agriculture. It is also likely that low and middle income countries may see a shift from male dominated agriculture to female dominated agriculture.

Although agriculture at the global level has become more efficient, in recent decades, competition for natural resources has intensified owing to consumption patterns driven mainly by population growth, changing dietary

By Mr Emmanuel Sackey, Intellectual Property Development Executive, ARIPO

Mr Emmanuel Sackey

6


patterns, industrial development, urbanization and climate change. All these changes will require fundamental changes in the agricultural systems and natural resource management as well as effective national and international governance systems, evidence-based and well targeted policy interventions. One important policy intervention that is urgently needed to enhance agricultural productivity is through the use of improved varieties which occur through innovative breeding activities which are driven by the plant variety protection system.

Globally, countries need improved varieties in order to improve agricultural productivity and feed the fast growing populations of the world particularly in developing countries. It is reported that more than 50% of the average yield per hectare is due to the performance of improved varieties. Currently the International Union for the Protection of New Varieties of Plants (UPOV) system is the only international system that offers effective protection for new varieties of plants. The membership of UPOV has grown to 76 including China, Brazil, South Africa, Egypt, African Intellectual Property Organization (OAPI) and other developing countries.

JUSTIFICATION OF THE PLANT VARIETY PROTECTION SYSTEM Agriculture is the backbone of many countries including the African countries’ economies. Its share of the GDP in most developing countries is 50% and in most cases employs up to 80% of the population. The World Bank reports that on annual basis, Africa imports more than 60 billion worth of food from outside the continent, a situation that cannot be justified. This prevailing situation in Africa continues to be so because of low level of investments in and adoption of modern technologies among other factors. The use of low yielding and poor seeds is among the main factors attributed to the low agricultural productivity. Unfortunately for most African countries, other emerging challenges such as climate change, growing population and environmental factors have worsened the situation.

In the wake of these challenges, most Asian countries quickly reformed their agricultural sector through the adoption of PVP systems which allowed for


investments in breeding activities and adoption of enabling policies that stimulate agricultural productivity and involvement of the private sector. This has resulted in increased availability of new varieties, development of the seed industry and access to international markets. Today, many African countries import food from Asia. This illustration points to the fact that adoption of modern approaches to farming pays off better than the traditional approaches that many countries in Africa have relied on for so long.

BENEFITS OF THE PLANT VARIETY PROTECTION SYSTEMThe introduction of effective PVP system leads to the development of quality seed which is a major prerequisite to successful agriculture and achievement of food security. In most ARIPO Member States, agriculture is the prime mover of the national economy and therefore efforts must be made to ensure the use of quality seeds as critical input for increasing agricultural productivity and attainment of food self- sufficiency. Due to the dominance of small scale farmers, the use of quality seed is limited which if not addressed may lead to a continuous diminishing of agricultural productivity and compromise the cherished national goal of food security.

The plant variety protection system provides a favourable balance between scope and exceptions in the promotion of plant breeding. All breeders including small holder farmers and those in the SMEs are allowed to use protected varieties for further breeding, which promotes varietal developments.

Plant variety protection has significantly contributed to the development of the formal seed sector. This seed sector provides greater opportunities for growth

and serves as an important vehicle towards achieving food and nutritional security and wealth creation in agriculture.

The PVP system also increases the number of breeding entities as well as increased commercialization and collaboration among breeders. In Kenya for instance, prior to acceding to UPOV, breeding was restricted to public breeders from public institutions. However with the implementation of a PVP system and membership to UPOV, there have been significant breeding activities among breeders from the private sector. Private breeding has resulted in remarkable growth in the floriculture sector due to the introduction of elite varieties of ornamental species. Another interesting example of how the introduction of effective PVP system can bring about tremendous impact is in Vietnam. The country has over 60% of its 95 million population involved in agriculture and therefore the Government recognised the need to introduce effective PVP system and initiated studies to assess how this will be achieved. In 2006, the Government of Vietnam embraced the PVP system and joined UPOV on December 24, 2006 to become UPOV’s 63rd member. It must be pointed out that it was during this period that Ghana also initiated studies towards the establishment of an effective PVP system. Today Vietnam is registering over 250 new varieties annually and currently the national seed corporation has been able to increase its R&D investment from US$10,500.00 prior to the adoption of the UPOV-based PVP system to US$10.5 million, which translate to 778 fold increase. Plant breeding activities are contributing US$1.5 billion to the GDP of Vietnam and farmers,

8


especially small scale farmers, are benefitting from the introduction of the new varieties. Due to the success achieved by the introduction of Plant Variety Protection system, the Government is planning to put in place strategies to develop the intellectual property for the period 2020 to 2030 to provide and promote the system of plant variety protection with the aim of encouraging the development of new varieties of plants for the benefit of the farmers and growers in the country.

ACCELERATING AGRICULTURAL DEVELOPMENT WITHIN THE FRAMEWORK OF THE NEWLY ESTABLISHED AFRICAN CONTINENTAL FREE TRADE AREA (AFCFTA)The African continent is endowed with rich biodiversity and natural resources. However, the continent has not been able to harness these to better the lives of its people. Not many African countries have established plant variety protection systems. Currently Morocco, Tunisia, Egypt, South Africa, Kenya, Tanzania and OAPI with its 17 Member States from West and Central Africa have joined UPOV. There are other countries such as Zambia, Zimbabwe, Mozambique, Rwanda and ARIPO that have also developed PVP systems and are in the process of joining UPOV. In April, 2020, the Government of Zimbabwe submitted its draft Plant Breeders’ Rights Act to UPOV Council and requested for examination of the Act’s conformity with the 1991 Act of the UPOV Convention. A positive decision has been made by the UPOV Council of the Draft Act of the Republic of Zimbabwe. This indeed shows the growing interest of African countries willing to embrace the international PVP system of UPOV. Currently over 40 African countries have either put in place UPOV-based PVP system through regional arrangements or as individual countries. This is indeed the future of Africa given its rich agricultural resources.

The African Continental Free Trade Area (AfCFTA) Agreement presents Africa with a unique opportunity to unleash its economic potential for inclusive growth and sustainable development. The agreement will create a single African market of more than a billion consumers with a combined GDP of U$2.5 trillion. It aims to promote agricultural transformation and

growth in Africa and contribute to food security, as well as improve competitiveness through development of regional agricultural value chains and incentivize critical investments in production and marketing infrastructure. This new development is expected to strengthen the agricultural sector to increase production for export by the African countries.

ESTABLISHMENT OF A REGIONAL PLANT VARIETY PROTECTION SYSTEMDuring the 12th Session of the Council of Ministers of ARIPO that took place in Gaborone, Botswana in 2009, the Council adopted a proposal for ARIPO to take initiatives on Plant Variety Protection and link its initiative with the efforts of UPOV and other organisations involved in agriculture. As a result of several consultations, engagements and discussions with member states on this issue, a policy and legal framework for the establishment of a regional PVP system was developed and approved by the Council of Ministers of ARIPO.

Following this development, the legal framework was formulated into a draft protocol which received broad acceptance by the member states of the Organisation and adopted at a Diplomatic Conference


held in Arusha in July, 2015. The member states named it the ‘Arusha Protocol for the Protection of New Varieties of Plants’. During the Diplomatic Conference, four member states namely, The Gambia, Ghana, Mozambique and São Tomé and Príncipe signed the Protocol and was later also signed by the United Republic of Tanzania. Currently, the Protocol has been ratified by the Republic of Rwanda and São Tomé and Príncipe to become the protocols’ two contracting states so far. The Protocol will enter into force when four states deposit their instrument of ratification or accession.

When it enters into force, the Arusha Protocol will enable breeders and farmers to benefit immensely through cost effective registration system, wide territorial coverage and access to a wide range of improved varieties to contribute to the attainment of the regional goal of economic development and food security.

It must be highlighted that other regional bodies such as OAPI and some regional economic communities such as ECOWAS, EAC and SADC have also developed sub-regional plant variety protection frameworks as well as seed

harmonisation systems and policies aimed at strengthening and promoting the agricultural systems in their respective constituencies. All these efforts must be coordinated in a mutually supportive manner to avoid making their implementation burdensome and duplicative to the African countries, particularly those who are members of ARIPO and OAPI.

RESPONDING TO THE CONCERNS OF CIVIL SOCIETY ORGANIZATIONS AND MISUNDERSTANDINGS Civil Society Organizations in Africa have since the past 20 years been engaged in campaigns aimed at discouraging African countries from establishing effective Plant Variety Protection systems on the grounds that it will marginalise small holder farmers who according to them contribute significantly to food crop production on the continent. Whiles this may be true, it is also a fact that, on annual basis, Africa imports between US$47 to 60 billion worth of foodstuff from outside the continent mainly from countries that have put in place effective PVP systems. Furthermore, it is only in Africa that the population is

10


growing at an alarming rate that is projected to reach 2.5 billion by 2050. Are we therefore able to feed ourselves now and also the future population with the current system of agriculture? Probably, this is why in spite of the negative campaigns, more and more African countries are realising the need to put in place the UPOV-based PVP system. The most recent country to initiate the process of joining UPOV is the Republic of Zimbabwe. The Republic of Rwanda has also already adopted a national PVP system based on the 1991 UPOV Convention but is yet to join UPOV.

The notion of marginalization with the introduction of UPOV-based PVP is unfounded. Kenya joined UPOV in 1999 and the small holders are still growing crops and increasing their acreage taking advantage of new varieties that have been introduced into the country. Again we do not seem to be witnessing any mono-cropping systems in Kenya. As a matter of fact, there has rather been foreign direct investment as Kenya has become one of the major exporters of cut-flowers. All

the member states of OAPI who are members of UPOV have their small scale farmers still benefiting from the introduction of new varieties as a result of having an efficient PVP system, which is considered absolutely necessary.

It can be seen that the PVP system has not created any harm to the environment and agricultural systems of those countries but rather has increased food security, improved environmental safety, brought about less import and created a sustainable seed industry, which enables farmers to access viable seeds for greater economic returns. It should also be pointed out that, protected varieties do not take away access to traditional varieties but rather provides better choices for farmers. Smallholder farmers can continue to practice farm saved seeds on their own holdings even for protected varieties without payment of remuneration to the right holders. This privilege of farmers is practised even in the European system and does not pose any problem to the PVP system.


It is also to be acknowledged that with respect to plant life and biodiversity, countries have sovereignty over their national biodiversity as provided by the Convention on Biodiversity (CBD) which allows governments to put in place effective regulatory measures on access to their national genetic resources. In order to implement fully the CBD particularly the principle on access and benefit sharing arising from the use of genetic resources, the Nagoya Protocol has also been adopted to ensure that bio-prospectors and users of providing countries’ genetic resources obtain prior informed consent to access genetic resources and mutually agreed terms for exploitation of innovation resulting from the use of genetic resources which in this case may be the development of new varieties of plants. The International Treaty for Plant Genetic Resources for Food and Agriculture (ITPGRFA) also addresses the conservation of biodiversity. These international treaties pursue different objectives, have different scope of application, and require different administrative structure to monitor their implementation. Therefore, it is advisable that countries should establish separate laws to address the specific issues of the treaties although such laws should be compatible and mutually supportive. It

must also be borne in mind that international collaboration is very critical in agricultural management and production due to the fact that pests and plant growth cut across national frontiers. It is therefore reasonable to admit that no individual country can establish an independent sui generis system and make it effective as provided for under article 27 of the TRIPS Agreement. So far, it is the UPOV system that has provided the most effective sui generis system that builds on collaborative exchange of protected varieties across the regions of the world. This is evidenced by the increasing accession to the UPOV 1991 Convention and growing interest of African countries in the UPOV system.

It is within this context that the PVP system must be viewed. Its main purpose is to acknowledge the achievements of breeders of new varieties by making available to them an exclusive right on the basis of a set of uniform and clearly defined principles. This has become more so necessary in view of limited arable lands for agricultural production, population growth and climate change.

CONCLUSIONPlant variety protection based on the UPOV system has indeed proven to be effective in encouraging the development of new varieties of plants, which enable farmers to access improved varieties for the benefit of society. It has enabled countries to invest in agricultural research and innovation that has led to significant release of new varieties that contributes to incomes for farmers and growers, rural employment and development of the international market. The evidence based information resulting from the implementation of the UPOV system and its impact on agricultural development should stimulate African countries to take urgent steps towards the ratification of the Arusha Protocol and the development of national PVP systems. zzz

12


On 15 August 2020, the Banjul Protocol became effective in Mozambique, making it the 11th contracting State of the Protocol. Mozambique deposited its instrument of accession to the Banjul Protocol three months earlier on 15 May 2020.

From now on, any ARIPO mark application filed on or after 15 August 2020 may include Mozambique’s designation. Furthermore, Mozambique nationals and residents are entitled, as from 15 August 2020, to file mark applications directly with the ARIPO Office if they so wish. zzz

Banjul Protocol on Marks Now Effective in

Mozambique


What are the gains for Mozambique following

its accession to the Banjul Protocol?

By Pierre C. Runiga1

1. INTRODUCTIONThe Republic of Mozambique joined the African Regional Intellectual Property Organization (ARIPO) in February 2000 through accession to the Harare Protocol on Patents and Industrial Designs that was adopted in 1982. On 15 May 2020, the Government of the Republic of Mozambique deposited its Instrument of Accession to the Banjul Protocol on Marks with the Director General of ARIPO. Pursuant to Section 11:4 of the Protocol, the latter entered into force, with respect to the Republic of Mozambique, three months after the date of deposit of the Instrument of Accession, i.e. on 15 August, 2020. This now entails that, starting 15 August 2020, users of the ARIPO system could designate Mozambique in their trademark applications. This brings the number of Contracting States of the Banjul Protocol to 11. The other States are; Botswana, Eswatini, Lesotho, Liberia, Malawi, Namibia, Sao Tome and Principe, Tanzania, Uganda and Zimbabwe.

2. THE BANJUL PROTOCOL ON MARKS OF 1993The Banjul Protocol on Marks was adopted in Banjul, The Gambia, on November 19, 1993 and entered into force in 1997. The Protocol empowers the Organization to register marks on behalf of the contracting States. Since the entry into force of the Protocol, ARIPO has received 4066 multiclass filings, corresponding to 7518 applications in different single classes. The graph below shows that growing trend:

Graph 1: Evolution of trademark applications since 1997

Mr Pierre Runiga

1Pierre C. Runiga is currently Head of Policy, Legal & International Cooperation Department, ARIPO

Source: ARIPO

14


3. DOMESTICATION OF THE BANJUL PROTOCOL BY MOZAMBIQUEThe conception of the ARIPO system is that, once an intellectual property right is granted or registered, it is subjected to the national laws of the designated States. It is often argued by some users of the Banjul Protocol that there is uncertainty on its enforceability in Contracting States that did not explicitly domesticate the Protocol in their national IP legislation2. However, in the case of Mozambique, its new Industrial Property Code that came into force in 2016 had already made provisions that would allow the immediate implementation of the Banjul Protocol if the Country became party to the Protocol. Article 142 of the Code reads: “The owner of a registered mark or the applicant of an application for registration filed at the IPI, may secure its protection in States which are signatories of regional treaties relating to the protection of intellectual property and to which Mozambique is a Contracting Party, in accordance with the provisions defined by their respective instruments of implementation”

4. BENEFITS FOR MOZAMBIQUE AND USERSWith the accession of Mozambique to the Banjul Protocol on Marks, holders of the marks worldwide will benefit from the regional route for the protection of their rights in the Republic of Mozambique. Likewise, national entrepreneurs can use the Banjul Protocol to protect their rights in the 11 States that have ratified or acceded to the Protocol. Members of staff of the Industrial Property Office will also benefit from the ARIPO capacity building scheme specifically on the examination of applications filed under the Banjul Protocol.

Furthermore, as it is the case for other Protocols in the framework of ARIPO, the ARIPO route is cost-effective when an applicant intends to file applications in multiple jurisdictions. As noted by Inês Tavares of Inventa International3, “benefits [of accession of Mozambique to the Banjul Protocol] also include simplified processes (e.g. Mozambican applications require the notarisation of the power of attorney, while ARIPO requires only signed power of attorneys for trademark applications). Since ARIPO’s formalities are standardised, the requirements are transversal to every member state, which means that prerequisites for filing trademarks in Mozambique through the regional route are now easier to handle”.

The experience of the performance of the Harare Protocol in the case of Mozambique foreshadows success of the Banjul Protocol as well. In fact since Mozambique’s accession to the Harare Protocol in 2000, the revenues from patents, utility models and industrial designs granted or registered under the Harare Protocol have been growing exponentially. Applications designating Mozambique also kept growing, and the corresponding revenue sharing for Mozambique is 6%4.

5. CONCLUSIONAccession of Mozambique to the Banjul Protocol came as great news to the users of the ARIPO system. At many occasions, enquiries have been ensuing at the ARIPO Office from users as to whether they could designate Mozambique. This finally became possible starting 15 August 2020. The Country, thanks to its strategic location and trade corridors, will gain a lot in the exploitation of the Banjul Protocol. It is also noteworthy that apart from the financial gains to be derived from the Banjul Protocol, the accession of Mozambique to the Protocol affords an opportunity to members of staff of the Industrial Property Office to build their capacity on the examination of applications filed under the Banjul Protocol and other trademark applications in general. zzz

2This position is nevertheless not shared by all users. See for example Ilse Du Plessis of ENSafrica in her Article that was dedicated to the accession of Mozambique to the Banjul Protocol. She said: “We are not aware of any ARIPO registration that has been found to be invalid on the grounds that the Banjul Protocol has not been incorporated in the national IP legislation”. https://www.ensafrica.com/news/detail/2818/trade-marks-in-africa-mozambique-joins-aripo/ (Last accessed on 17 September 2020)

3Ines D. Tavares, “Mozambique: Mozambique joins the Banjul Protocol on Trademarks”, available at this link : https://www.mondaq.com/trademark/956178/mozambique-joins-the-banjul-protocol-on-trademarks#:~:text=Mozambique%2C%20a%20Portuguese%2Dspeaking%20country,joined%20ARIPO%20in%20February%202000. [Last accessed on 17 September 2020]

4In the revenue sharing, the amount for each Member State is set based on the number of designations received


Accession of the Republic of Mauritius to the Lusaka

AgreementThe Republic of Mauritius deposited its Instrument of Accession to the Lusaka Agreement of December 9, 1976 establishing the African Regional Intellectual Property Organization (ARIPO) with the Director General of ARIPO on September 25, 2020.

In accordance with Article XVI (3) of the Lusaka Agreement, the Republic of Mauritius became a full member of ARIPO

as of September 25, 2020, Two Thousand and Twenty.

The accession of The Republic of Mauritius to the Lusaka Agreement brings the total number of ARIPO’s Member States to 20. zzz

16


In and With Us You Remain

The invisible human footsteps birth food for the soul, uniting humanity In smiles and time spent together, friendship is bornIn closeness and understanding, bonds are etched In knowing and letting be known, comfort rolls wide and longIn openness and appreciation, relations deepen Opening a human heart to other humans, defined Carole.

The creator engraved in us a yearning to love and be lovedLove needs no quadrants, connectivity needs no definition Unbeknown to us, normal interactions, in silence intertwined us Devouring fields with love, endearing one to another

Fields oblivious to territories, race, gender and a host of social constructionsCarole’s departure rends, and counts the innumerable acreages conquered The rend is deep, to each unique to explorations traversed with her

Mysteries of our formation belong to the creator Wrapped in His classified files, are the number of our daysCarole’s departure shocks our core, disrupting our sleepYou gave yourself unreservedly to the call of IP Engraved in Africa and the world, are your copyright footprints An abyss our imaginations see no auxiliary More human, mirrored in your professionalism, was your charm. Delivering IP services sandwiched between smiles, hugs and chats Beyond the trade our hearts united, otherwise our hearts wouldn’t mourn you CaroleYour giant footprints scream, blood stains marking the habitation of our hearts Death, a robber that cowardly sneaks and steals Your value addition stands out and shines in the midst of the maze You stood and were counted, your touch to IP on the world so dense never to be eroded In our hearts, your works, your touch will forever beClose to our hearts, we hold memories of who you were And you were human, an IP expert, a friend, a colleague. What a giant!

May your Soul Rest in Peace, Carole!!

Keitseng Nkah Monyatsi24th August 2020, Gaborone, Botswana

Keitseng Nkah Monyatsi is a Copyright Administrator at at Companies and Intellectual Property Authority (CIPA), Botswana. She is the former Copyright Officer at ARIPO.

(Tribute to Ms. Carole Croella: 24/08/1967 - 21/08/2020)

MEMBER STATES CONTACT DETAILS

BOTSWANA Registrar’s Office: Mr Conductor P MasenaRegistrar GeneralCompanies and Intellectual Property AuthorityPlot 181, (9951/2/0) Old Ministry of Trade and Industry BuildingGovernment Enclave, Next to ParliamentP.O. Box 102GABORONE, Botswana

Tel: 267-3953261/ 395386 / 3673702Cell: (267) 71326633Fax: 267-3953274E-mail: [email protected] PA: M. Passman – [email protected]

ESWATINI Registrar General’s Office:Correspondence to be addressed to PS and copy Acting Registrar:Permanent SecretaryMr Siboniso N. Nkambule, Ministry of Commerce, Industry and Trade, 3rd Floor, Ministry of Justice Building, Usuthu Link Road P.O. Box 451 Mbabane H100,Kingdom of EswatiniE-mail: [email protected]

Ms Nobuhle L. Matsebula Acting RegistrarIntellectual Property OfficeMinistry of Commerce, Industry and Trade3rd Floor, Ministry of Justice BuildingUsuthu link RoadP O Box 451MBABANE H100Kingdom of Eswatini

Tel: (268) 24042336 / 2372/24041832Cell: (268) 76062904Fax: (268) 24042506E-mail: [email protected]: Queen Matseubuna – [email protected] THE GAMBIA Registrar General’s Office:Mr Abdoulie ColleyActing Registrar GeneralMinistry of Justice4 Marina ParadeBANJULThe Gambia

Tel: (220) 3141005/3655508 Fax: (220) 4225352/ 4393197 D/LE-mail: [email protected]

GHANA Registrar General’s Office:Mrs Jemima OwareRegistrar GeneralRegistrar General’s DepartmentP O Box 118ACCRAGhana

Tel: 233-3302666081Fax: (233-21) 666081/662043Cell: 233-244287264E-mail: [email protected]

KENYA Kenya Industrial Property Office:Mr John OnyangoAg. Managing DirectorKenya Industrial Property InstituteKIPI Centre, Kabarsiran Avenue, off Waiyaki Way, LavingtonP.O. Box 51648 -00200NAIROBI.Kenya

Tel: (254-20) 6002210/11, 6006326/29/36, 2386220;Cell: 254 702002020/736002020 E-mail: [email protected], [email protected];www.kipi.go.ke LESOTHO Acting Registrar General:Mr. Moeketsi Daniel PalimeRegistrar GeneralRegistrar General’s Office (RGO)2nd Floor, Africa HouseOld High Court RoadPhase IIP.O. Box 33MASERU 100Lesotho

Tel: (266-22) 324121/312856Fax: (266-22) 316602/3Cell: 266-58882220/22326101 (home)E-mail: [email protected]

LIBERIA Hon. P. Adelyne Cooper (Administrative Council Chair 2019-2021)Director General

Liberia Intellectual Property OfficeOld Labor Ministry BuildingU.N. DriveMonrovia

Tel: +231 886583121, 770329024 +231886728174, 770171481Fax: (231) 244047 E-mail: [email protected] E-mail: [email protected]

MALAWI Registrar General’s Office Chikumbutso NameloRegistrar GeneralMinistry of JusticeDepartment of the Registrar GeneralPagat House Off Paul Kagame Highway P.O. Box 1780 LILONGWEMalawi

E-mail: [email protected], [email protected] or [email protected]: +265 99 88 96 410. + 265 999953277/ +265 1821686 (Mr Chifwayi Chirambo)

MAURITIUSActing Controller: Mr. Ranjive BeergaunotIndustrial Property Office (IPO), Regional Integration and International Trade, Ministry of Foreign Affairs

11th Floor, Sterling House, Lislet Geoffroy Street, Port Louis, Republic of Mauritius Tel: (230) 213 8231, 208 5714, 208 7352 Telefax: (230) 210 9702

MOZAMBIQUE Industrial Property DepartmentMr Jose Joaquim MequeDirector GeneralIndustrial Property Institute of Mozambique (IPI)Ministry of Industry and Trade Rua Consigliere Pedroso No. 165P.O. Box 1072MAPUTOMozambique Tel: (258) 21354900 Cell: +258 828799480E-mail: [email protected]; [email protected] PA: Nacivia Manjama- [email protected]

NAMIBIA Registrar General’s Office:Ms Vivienne KatjiuonguaChief Executive OfficerBusiness and Intellectual Property Authority (BIPA) PZN Building3 Ruhr StreetNorthernn Industrial AreaP.O. Box 185WINDHOEKNamibia

Tel: +264 612994400 / 264 61220993 / 264 61283 7242 Cell: 264 811277784Fax: +264 61401061 E-mail: [email protected], [email protected] PA: [email protected]

RWANDA Mr Richard KayibandaRegistrar GeneralOffice of the Registrar GeneralRwanda Development Board (RDB)KN 5 Rd, KG 9 AveP O Box 6239KIGALIRwanda

Tel: +25078881178, +250 727775170/ (Jackie Ingabire +250 788354080) (Blaise Ruhima +250 788632160)Fax: +250 252 580388 Email:[email protected]: [email protected] SAO TOME & PRINCIPE Mr Domingos da Silva da TrindadeDirector GeneralServico Nacional Da Propriedade Industrial (SENAPI)Ministry of Tourism, Commerce and IndustriesNational Office of Industrial Property (SENAPI)Rua Viriato da Cruz 1º Andar DTOPBOX: 198São ToméSão Tomé and Príncipe

Tel: +239 235 222 2803/ +239 990 8461Mobile: +239 229 991 2997E-mail: [email protected] SIERRA LEONE Registrar General’s Office:Barrister Saptieu Elizabeth Saccoh Administrator & Registrar GeneralThe Office of the Administrator andRegistrar General (OARG)Roxy Building28 Walpole Street

FREETOWNSierra Leone

Tel: (232) 766 12437Deputy Admin (232) 766 16988 Joseph Sofeneh)Fax: (232-22) 224439Cell No.: 232 76616988 Mrs KallayE-mail: [email protected], [email protected] PA: Mr Kainesie

SOMALIA Registrar’s OfficeMr Abdilahi Hayir DualeDirector GeneralMinistry of IndustryP.O. Box 928MOGADISCIOSomalia Tel: No. (2521) 526312/272775/216460 Fax No. (2521) 658004E-mail: [email protected]

SUDAN Registrar General’s Office:Mrs Iman Mohamed Abdel Gadir Elatabani Registrar General of Intellectual PropertyMinistry of JusticeP.O. Box 744KHARTOUMSudan

Tel: (249) 183 573 754; 183 760 580Fax: (249-83) 779841Cell: 249-912 230 760E-mail: [email protected]

TANZANIA Registrar’s Office:Mr. Godfrey Simango NyaisaChief Executive Officer Business Registrations and Licensing Agency (BRELA)Ushirika BuildingLumumba StreetP.O. Box 9393DAR-ES-SALAAMUnited Republic of Tanzania Tel No.: (255-22) 2180139/2181344/2180113 /2180141 Cell No: (255) 784 484 922Fax No.: (255-22) 2180371E-mail: [email protected], [email protected]

UGANDA Registrar General’s Office:Mr. Twebaze BemanyaRegistrar GeneralUganda Registration Services Bureau (URSB)Plot No. 5, George StreetGeorgian HouseP.O. Box 6848KAMPALAUganda

Tel: (256-41) 7338000/ 4233219Fax: (256-41) 4250712Cell: (256) 772 711 115; Massie 256 772844110E-mail: [email protected], [email protected] E-mail PA Walid Kule [email protected]

ZAMBIA Registrar’s Office:Mr Anthony BwembyaRegistrar & Chief Executive Officer Patents and Companies Registration Agency (PACRA)Head OfficePlot No. 8471PACRA House,Haile Selassie Avenue,Longacres,P.O. Box 32020LUSAKAZambia

Tel: (260-211) 255151/211- D/L 211-255127, (255425)Cell: 260 977 779 732Fax: (260-1) 211-255426E-mail: [email protected]: Mrs Muyanje Kawana- [email protected] ZIMBABWE Controller of Patent’s OfficeMr. Willie MushayiAg. Chief Registrar of Deeds, Companies & Controller of Patents, Trade Marks and Industrial Designs Ministry of Justice, Legal and Parliamentary Affairs4th Floor, Century House EastCnr. 38 N. Mandela Ave/Angwa StreetP.O. Box CY7704CAUSEWAYHarare

Tel: (263-4) 777373/ 775544/6 775602 D/L 781835Cell: (263) 773 560 284Fax: (263-4) 777372/775602E-mail: [email protected]

Nat

al R

d

Bath

Rd

Lons

dale

Rd

Avondale

Bath Rd

Elsw

orth

Ave

Philli

ps A

ve

Sam Nujoma St

King G

eorge

Rd

East Rd

DeNoon Rd

Durban Rd

Lana

rk R

d

Cor

k Rd

Elco

mbe

Trauma Centre

Fishmonger

GreatWall

BelgraviaShopping

Centre

BelgraviaSportsClub

KFC

SAAirways

GhanaEmbassy

SADC TRADES

ARIPO

St. Elmo’sRestaurant

Twin Rivers Primary School

Mojo’s

40 Cork Rd

The Venue

PostOffice

AvondaleShopping

Centre

South African Embassy

17°47'58.1"S31°02'38.1"E

Dow

nie

Ave

Thur

ston

Ln

Maa

sdor

p Av

e

Che

lmsf

ord

Rd

Lincon Rd

FRO

M T

OW

N

Designed by: OUT OF AFRICA Media www.outofafricamedia.co.zw

ARIPO Office11 Natal Road, Belgravia

P.O. Box 4228, Harare, Zimbabwe

(+263) (24) 2 794 054, 794 065, 794 066, 794 068, 08677005131-32

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

(+263) (24) 2 794 072/3

[email protected] www.aripo.org @_ARIPO

African Regional Intellectual Property Organization

Documents

MAGAZINE...2 ARIPO MAGAZINE: Vol. 10, No.3, July - September 2020 INTRODUCTION The African Regional Intellectual Property Organization (ARIPO) is an intergovernmental organization,