Innovation issues and concerns in EPAs negotiations

1. Innovation issues and concerns in EPAs negotiations Regional Dialogue on EPAs, Intellectual Property and Sustainable Development ICTSD, ENDA and QUNO Saly, Senegal May 2007 David Vivas Eugui dvivas@ictsd.ch

2. OVERVIEW OF THE PRESENTATION • Innovation: methods and factors • IP and development an integrated model • Main areas of proposals made to ECOWAs in the IP Chapter by the EU that have a impact on local innovation • Patents • Industrial designs • Technology transfer • The trade and innovation chapter in the EU-CARIFORUM negotiations • Some options for ECOWAS negotiators

3. Innovation: methods and factors • “Innovation is the development and implementation of a improved (incremental) or new (landmark) product or process with success in a business activity / society” • Methods: • Formal innovation • Scientific method (evidence of efficacy and/or efficiency) • Marketing strategies (new utility, design, process) • Informal or Traditional • Experience/belief • intergenerational • individual or collective • Functional • Factors: • Culture, education, inventiveness/creativity, capital, enabling environment, social fabric, linkages, marketability, etc.

4. IP and Development an integrated model LEVELS OF DEVELOPMENT LOW LEVEL INTERMEDIATE LEVEL HIGH LEVEL INTELLECTUAL PROPERTY RELEVANCE LOW LEVEL HIGH LEVEL IMITATION APPLICATION INNOVATION LEARNING CURVE

5. Main sections of EU proposals that might have an impact over local innovation • Patents • Patent cooperation Treaty / PLT • The priority right (30 months) • The waiver of sovereignty • Industrial Designs • Criteria: new/original and individual character • Mutual recognition • Protection for registered and unregistered designs • Technology Transfer • A simple copy of TRIPS obligation on technical cooperation and incentives in home countries • There is no development of existing obligation • Trademarks • Madrid Agreement, TLT • Well know trade marks recommendation • International filing and electronic filing

6. The Trade and innovation chapter under the EPA with CARIFORUM • Objectives • Improve supply side capacities in sectors of comparative advantages (cultural industries and music) • Develop a set a home country measures to facilitate ToT and export of value added products • Recognition of links between trade and innovation inside and outside the IP regime • Recognition of the need to implement TRIPS flexibilities • Measures • Support to regional research programmes • Jointly develop means to measure innovation • Obligation to provide incentives to home firms for ToT • EU agrees in considering CARIFORUM firms eligible for internal innovation support • CARIFORUM products are considered cultural goods for local content regulations in the EU context • Effort to subscribe to WIPO internet treaties • Duty free access to renewable energy products • Joint R&D in biodiversity products and declaration of source of GR

7. Some general options to promote local innovation in the EPA context • Give careful consideration to applying the PCT / PLT / Madrid / TLT / WIPO Internet Treaties • Develop a section on unregistered and traditional designs • Explore the transfer of existing utility model protection into the EPA plus mutual recognition of titles • Facilitated access (free royalty) of publicly hold technologies • Develop a illustrative /numerus clausus list of home country measures • Design specific incentives for local manufacturing of drugs and medical devises • Indicate yearly budget on joint research programmes • Request the EU national treatment for R&D subsidies (services chapter) for ECOWAs firms • Full duty free quota free for cultural and environmentally preferable products (market access chapter) • Facilitate visa procedures for students, academics, researchers and business persons • Create a temporary visa system for low skill workers • Direct support for local infrastructure and educational programmes