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What is IP
Intellectual property (IP) n creation of the human mind i.e. human intellect n intangible property n translated into tangible products.
What is IPRs?
legal protection of IP n range of rights associated with n inventions, discoveries, writings, product designs, and other creative works.
Copyrighted works
Literary works n Artistic works n Computer programs Database
Knowledge-based economy
IPRs have become controversial in international
discussions and debates on such diverse topics as trade, investment, technology transfer, industrial policy, public health, food security, education, human rights widening gap between the income levels of the developed countries and the developing countries. Economy is becoming increasingly knowledgeintensive. Our future prosperity more than ever depends on the innovative capacity of business and industry.
IPR Policy
A Framework for decision making process on IPRS. A Guideline and Strategic Plan for Decision Making Process. A Legal Framework for Decision Making Process That Protects IPRS.
Justification Cont.
Ensuring that the commercial results, financial or other benefits are distributed in a fair and equitable manner that recognizes the contributions of inventors, the institution and other stakeholders. Ensuring that both IP and other products of research are made available to the public through an efficient and timely process of technology transfer.
Purpose Cont.
Routes for Commercialization and Technology Transfer. Managing Conflict of Interest and Commitment. Managing Invention Process. Implementation Strategies.
INSTITUTIONS OF IP IN KENYA
KIPI ATTORNEY GENERALS OFFICE KEPHIS UNIVERSITY OF NAIROBI MOI UNIVERSITY JOMO KENYATTA UNIVERSITY OF AGRICULTURE AND TECHNOLOGY.
Technology Acquisition
There are 4-broad means of acquiring technology, i.e.; Indigenous R&D Direct foreign investment Purchasing or leasing off-the-shelf, and Overseas training and study tours Accessing patent documents in the public domain
OPERATIONAL ENVIRONMENT
The GOK adopted an Industrialization strategy for achieving: sustainable economic growth, rapid employment generation and poverty eradication, thro competitive production and consumption It is however, well recognized that for the last 10 years or so, the Industrial sub-sector in Kenya has been on the decline, and that,
Contin.
the country is faced with; Low capacity of generation and utilization of indigenous knowledge and technology Declining productivity, and Limited technological advancement
All of which are indicators of inadequate application of R&D Products and Use of Existing IPR Framework.
It is only through transfer of knowledge that a R&D Institution can become relevant to the society through effective IPR POLICY
Tangible Assets Raw material, land, building, machinery Intangible Assets knowledge Old Economy Tangible property New Economy Intangible Property-IK
Research Products belong to a class of intangible property called intellectual property assets
These Assets Require Policy and Legal Framework for Protection and Commercialization.
WIPO Convention October 1971 Paris Convention (indust.pro. Since 1965 Madrid Agreement (Marks) Since 1998 Berne Convention(literary ,Art) Since 1993
. Methods of Commercialization
There are Four Methods through which an Intellectual Property Assets can be commercialized
Licensing Sale Own exploitation start up companies Joint ventures
THEREFORE DO NOT EXPOSE THE ASSETS PREMATURELY. MAKE EFFECTIVE INSTITUTIONAL FRAMEWORK.
R&D Institutions
Individual from university Secondary School
14
2 1
University (MU)
The culture of innovation has not been developed Researchers in Universities and R & D Institutions innovate daily most of the innovation go unnoticed. Why ?
Empirical Analysis- the Relationship between IPR and FDI and Imports
Develop an IPR Score reflecting current legislation and practice. Analyse strength of IPR on FDI flows and Imports for Kenya.
Practitioners Components
Protectable subject matter and compliance with WTO or/and UPOV (1 or 0) Convention membership with PCT or/and UPOV (1 or 0) Cost of protection-May be included if posted on Websites. Administration-competence of staff in Website or not(1 or 0) Enforcement Corruptions perception Index (0 for high and 10 for low corruption)
Ghana
3.9712
2. To formulate national industrial research programs Undertake industrial research needs assessment in the identified key strategic areas Develop mechanism for funding
3. To Establish a National Industrial Research Fund Lobby government and development partners through sensitization NOTE: The GoK must fund strategic research
Strategies
Create an IP literate STI personnel Create focal IP points in STI Institutions and SMEs Develop IP policies in STI organizations and SMEs Provide policy incentives for the generation, protection and commercialization of IP Assets
Strategies
Review existing policies on technology transfer Develop appropriate Sessional papers Review and update laws and regulations relating to technology transfer
Strategies
Undertake capacity audits in industrial research amongst STI organizations Promote joint and multidisciplinary research Promote sharing of research equipment
Strategies
Embracing marketing culture in STI organizations Embrace strategic marketing practices in industries (SMEs)
Conclusions
Rationalize and prioritize R&D activities in line with high potential sectors/clusters of the SMEs, MSEs and LSEs that will serve as seedbed for industrialization Establish Technology Service Centers to serve as hub for: Technology identification, sourcing, negotiation and technology acquisition Establish Technology and Business Incubation Centers
There must be a deliberate effort to embrace STI as a tool for industrial and economic development
Conclusions contd
Lead Technology missions and study tours Establish functional partnerships with relevant Government Ministries and other Departments, NESC, etc Establish functional partnerships with local, regional and international Organizations & RTIs Lobby GoK to support initiatives to develop the NIRP and establish a NIRF along the lines of ARF Kenya must attract, train and retain high caliber scientists and engineers to drive the process of industrialization Kenya must embrace entrepreneurial and technology culture in order to industrialize Restech Centre Must lobby and Advocate for the IPR Policy Change.
OPEN DISCUSSIONS