Seeking a Balance Between Developed and Developing: EPO hosts a European, African, and Arab Intellectual Property Forum in South Africa

I do believe that time is now ripe to embark on an even more ambitious path of cooperation in this region. I am confident that this conference will represent a milestone in our long-lasting and fruitful cooperation. I hope it will contribute to a better understanding of the chances and risks intellectual property regimes harbor for the development of a nation.” - Dr. Ingo Kober /President -European PatentOffice (EPO)

Those words with their combination of hope and realism, seem to represent the openness of the atmosphere and discussions of the (EPO Regional Forum on Industrial Property for Africa and the Middle East), held in Johannesburg between March 31st and April 4th, 2003.

In this report on the Forum, many facts came to fore that would not only interest those in the IP field, but also the Government and business sectors, as well as the average Arab citizen.

All views were certainly represented in the discussions of the Forum, some positive and hopeful, and some disapproving and skeptical, but all realistic. In this report we will cover three axis. The first of these is the European angle, since the organization of the Forum was jointly organized by the European Patent Office (EPO), United Kingdom Patent Office (UKPO), Companies and Intellectual Property Registration Office (CIPRO) and African Regional Intellectual Patent Organization (ARIPO). And they certainly spared no effort or expense, and their heart was clearly in the right place, seeking mutual benefit. This is in contrast to others in the industrialized world who take a rather more unilateral and self-interest view of the world economy.

In fact, one theme that was constantly espoused by both the European national and regional patent and IP offices vis-à-vis the Patent Cooperation Treaty (PCT) and the TRIPS agreement. The one general statement made by all that the developing nations, and despite the general framework involving IP rights, all European delegates emphasized that the plan and implementation of any IP system has to be considered and formulated by each nation and region to suit their own needs.

As Mr. Konstantinos Karacahlios, Project Manager for Africa and the Middle East, stated, “the most difficult question is probably how to reach and find the technology that is appropriate for a given problem under realistic conditions in each country. The ideal solution is not always the right one.”

Furthermore, Europe as represented by the European Patent Office (EPO) is clearly committed, particularly in terms of financing and expertise, to providing any assistance needed by the IP offices in the developing nations. As far as the former is concerned, the total budget for 1996-2001 for Africa and the Middle East is 3,100,000 Euros, which is second only to Eastern Europe. As far as expertise is concerned, the EPO offers the World’s largest pool of legal and scientific experts, numbering at more than 4000 such technical experts.

The second angle of this Forum is the Arab Angle. In terms of participation, and due to the unfortunate regional circumstances, only members of the Maghreb countries, Sudan, and of course Jordan attended the Forum. Jordan was represented by five delegates, the most active of whom was Mr. Mustafa Nasseredin, who is an Executive Director in the Talal Abu-Ghazaleh Organization (TAGO) and a leading member of the Arab Society for Intellectual Property (ASIP). Mr. Nasseredin, gave two presentations, “the Impact of TRIPS on the Industry of the Arab World” and “Innovation Strategies in the Arab World”, as well chairing the sessions on (Genetic Resources and Traditional Knowledge). He espoused a pan-Arab IPR line, and mentioned the problems facing IP and the solutions to the those problems. Generally he presented a hopeful but realistic view of the future of IP and innovation in the Arab world.

Discussions between Arab delegates focused on cooperation on a regional level between IP offices, as well as discussions on the future of establishing an Arab Patent Office, along the lines of the EPO. It became clear during the discussions that the problems were primarily political.

During the press conference, the panelists from Europe and Africa were asked on how to overcome these political obstacles. Mr. Mzondi Chirambo, Director General of ARIPO, related to the audience the African experience. He stated that ARIPO’s initial focus was on technical and organizational staff, which proved to be a flawed approach. Therefore, seven years later, ARIPO established a Council of Ministers and that proved to be a stellar move. This has been a beneficial move of two fronts. One, it helped ARIPO solicit funds from governments, and two it helped expand ARIPO’s mandate to cover such issues as traditional knowledge and genetic resources. In conclusion, Mr. Chirambo advised the Arab IP experts to include participation by politicians and government officials “to ensure that governments understand the need of such a regional office.”

The third angle, and I believe the most vital is the African angle, Certainly the Forum stated an obvious but overlooked point; well-balanced cooperation between developing countries, particularly Africa and the Arab World, is essential. The interaction whether during the formal sessions or even during the informal discussions, it became clear to both sides that they have more in common than is commonly believed. In fact, and European representatives agreed, Africa has a rich log of experiences that the Arab World can benefit from in a similar way to, if not slightly more than, the European experiences. As EPO President, Dr, Kober, stated that the Forum is combining Africa and the Arab World and that such a combination is both “beneficial and functional.”

The meeting being in South Africa has proven to be an extremely brilliant choice. As Adv. Felix Malunga, CEO of CIPRO, stated that South Africa is a country with a dual view, being both a developed and developing country, and thus acts as a bridge between the two worlds.

In short, the Johannesburg EPO Forum is a part of a series of events that provide a valuable umbrella where IP and business representatives can meet and exchange ideas and even embark on beneficial and common projects.
The final words by EPO Vice President, Professor Manual Desantes, will prove to be a strong advisory note for all delegates of developing countries,

“What we want is to pave the way for cooperation. We would like for you all to be involved. You must first agree together. Then EPO can devise and synergize.”.