LDC Priority Needs Assessment for Financial and Technical Cooperation: Bangladesh Experience

Transcription

1 LDC Priority Needs Assessment for Financial and Technical Cooperation: Bangladesh Experience 1 Sharifa Khan Director WTO Cell, Ministry of Commerce 20 October, 2011 Dhaka, Bangladesh sharifanaser@gmail.com Mobile:

2 Availability of education /IT IP Offices have necessary capacities Creators gets their Royalties IP enforcement capacities and resources Is our Demand too High Innovations are valued and R&D fit to commercial demand IP laws exist 2 No fake/pir ated goods

3 Prerequisite for an Effective IP Policy priority Environment 3 Appropriate laws and rules IP Institutions: Adequate number of skill manpower and sufficient budget. Coordination among within and outside. Linkage with relevant private sector and IP users Networking with international organizations. System for promotion of technology and innovation. Incorporation of IP with IT system

4 Policy Priority: Present Situation 4 Ensuring food security, education, primary health care, disaster management, addressing climate change and improving trade balance are the prime policy objectives. Economic growth and business development gradually bringing IP at the forefront. Government cannot devote adequate priority and resources on IPRs.

5 IP laws and rules Laws in place 1. Copyright Act, Patent and Design Act, Trademarks Act, Customs, Act, Seed Act, Consumers Right Protection Act, Laws not in place: 7. Geographical Indication Law- Drafted. 8. Utility model Law. 9. Plant Varieties and Farmers Right Protection Act-Drafted 10.Competition Act, 2011 Final stage 11.Protection of Traditional Knowledge and Folklore. 12.Trade Secret Law. 13.Layout Designs (Topographic) of Integrated Circuits. 5

6 IP Intuitions IP offices operate with limited resources, expertise and manpower. Limited automation is accomplished in the DPDT under EC-WIPO project. Copyright office runs fully manually. IP institutions receive little priorities in budget allocation. Enforcing agencies accord priority on IP and have limited/no capacities on IP. 6

7 Linkage and Networking Network between M/O Industries and others are yet to be made effective. Linkage with M/O Cultural Affairs and other relevant GOB organizations are almost absent. Linkage of IP institutions with NBR, police and judiciary is yet to be realized. Private IP institutions yet to flourish (IPAB, BCF, IP Lawyers Association are at the early stage). 7

8 Linkage and Networking 8 Cooperation with WIPO and WTO are observed. Continuity of participations & representation be ensured. Limited negotiating skills on IP issues. International linkage for innovation and technology transfer are not widely seen.

9 Overall Gaps 1. Policy gaps: Not falls in the prime policy objective. 2. Legal gaps: All laws do not exist/consistent with WTO. 3. Institutional gaps: Strong lacking of networking. Limited institutional and enforcing capacities 4. knowledge gaps: At all levels. 5. System gaps: Technology and innovations with commercial demand. 6. Information gaps: Real value of IPR not known. 9

10 Achieve the Goal no matter how rough the road might be 10 Real support can make the path smooth

11 Answers to Reduce Gaps Mass awareness raising. 2. Automation & capacity building of IP offices. 3. Human resource development. 4. Technical supports for reverse engineering and absorption of new technologies. 5. International cooperation and support : 1. Extension of WTO transition period? 2. Technical Assistance 3. Experience sharing

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13 Global Commitment: WIPO WIPO Development Agenda: Para 7, 10, 11 of Cluster A, technology transfer of cluster C Development Agenda. 13 TRIPS Article 7: IPRs should promote technological innovation and transfer and dissemination of technology. TRIPS Article 66.2: Incentives to domestic enterprises and institutions of developed countries for promoting and encouraging technology transfer to LDCs. TRIPS Article 67: Developed country Members shall provide technical and financial cooperation in favour of developing and LDC Members for: preparation of laws and regulations prevention of abuse of IPR establishment or reinforcement of domestic offices and agencies.

14 Global Commitment: TRIPS Council Decision on 29 Nov, LDCs will provide to the Council for TRIPS preferably by 1 January 2008 their individual priority needs for technical and financial cooperation to implement the TRIPS Agreement. Developed countries shall provide technical and financial cooperation in favour of LDCs to effectively address the needs identified. WTO shall seek its cooperation to WIPO and with other relevant international organizations for technical assistance and capacity building. Till date, only Bangladesh, Tanzania, Uganda, Sierra Leone, Senegal and Rwanda submitted their reports. Bangladesh has submitted its report on 23 March, 2010 (WTO Doc IP/C/W/546). Identified 10 projects.

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16 Assistance Received So Far by Bangladesh EC WIPO Project: Euro 1.52 million. Limited activities were accomplished. Discontinuation disrupted the success achieved so far. WTO occasionally organizes workshops on IPRs. 16 Swiss government initially showed interest to support on patent and trademarks. However, did not yet make any commitment. Lack of continuation observed.

17 What Actually Needed Systematic and continuous supports through long term programs. Share experience with successful countries who were at the same level of development. Develop capacities for reverse engineering and technology absorption. Integrate IP development with the Aid for Trade and EIF initiatives. DTIS of World Bank should properly reflect the IP concerns. 17 Support for gradual development rather than drastic measures.

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19 Why Bangladesh should be Supported? 19 Bangladesh fulfilled the obligation of submitting needs assessment. Bangladesh identified 10 projects. Country do not have adequate domestic resources for IP protection. Initiators of needs assessment in Bangladesh will be demoralized. LDCs like Bangladesh who have submitted the needs assessment reports will be frustrated and other will not be encouraged to submit their reports.

20 Areas of Cooperation 1. Formulation of IP Policy and strategies. 2. Formulation, amendment of IP laws. 3. Training and mass awareness raising. 4. Automation of the IP institutions and related offices Need-based studies on IP issues and preparation of guidelines. 6. Develop local IP trainers, professionals & negotiators. 7. Develop IP knowledge centre. 8. Link innovation with private sector demand. 9. Establish a Collective Management Organization (CMOs) for protecting copyright owners.

21 Don t Support Us as a Rescue Measure, Support Us for Healthy Growth 21

22 Thank you 22