Challenges to ratification and implementation of the Marrakesh

Treaty in Africa

Susan Isiko Štrba Open A.I.R Conference on Innovation and IP in Africa & 3rd

Global Congress on IP and the Public Interest 2013 (Cape Town, 9-14 December 2013)

Post Conference Workshop: WIPO Reform Agenda in light of the Marrakesh Treaty

14 December 2013

Challenges

• Used to rights not exceptions and limitations • Building local support • Role of regional economic groups (COMESA, SADC,

SACU) • Role of national IP policies and other policies

– Should coordinate

• Courts and other agencies have to be educated • WIPO has particular view of Treaty. If something

doesn’t happen, WIPO’s view will be taken • Technological challenges- really big obstacle • Capacity – another huge obstacle

Solutions

• Expert interpretation – very quickly • Model for implementation

– Part of existing laws or stand alone?

• Need to work with local agents (Courts, customs, police) – Politics – Build strong network and confidence

• Need to work with local people – Who will appear in parliament – costs

• Align with existing policies – Does it include Coming up with international IP law over national?

• Capacity • technology

Thank you!

Susan.isikostrba@graduateinstitute.ch