UTILISATION OF THE PATENT SYSTEM

RIESET 2014

S.P MAKAHAMADZE

OUTLINE• PATENT DEFINITION

• THE PATENT SYSTEM

• BACKGROUND

• ROLE OF THE PATENT SYSTEM

• PATENT ADVANTAGES

• PATENT STATISTICS

• INTERPRETATION

• POSSIBLE EXPLANATIONS

• RECOMMENDATIONS/POLICY MEASURES

PATENT DEFINITION

• AN OFFICIAL DOCUMENT (LETTERS PATENT) CONFERRING

A SOLE RIGHT TO THE OWNER FOR AN INVENTION

GRANTED IN TERMS OF THE PATENTS ACT CHAPTER

26:03,

• IT GIVES FULL POWER AND AUTHORITY TO THE PATENTEE

OR HIS LICENSEES TO MAKE, USE EXERCISE AND VEND

THE INVENTION WITHIN ZIMBABWE.

• THE PATENTEE THUS ENJOYS THE WHOLE PROFIT AND

ADVANTAGE OF THEIR INVENTION.

THE PATENT SYSTEM

• THE PATENT SYSTEM REFERS TO A SYSTEM FOR INTERPRETING AND ENFORCING THE LAWS MEANT FOR PROTECTING THE RIGHTS OF INVENTORS.

BACKGROUND• THE ZIMBABWEAN PATENT SYSTEM, BASED ON

THE PATENT ACT (CAP 26:03), HAS ITS ORIGINS IN THE LEGACY OF THE BRITISH,

• THE PATENT SYSTEM AND PATENT PROTECTION HAS BEEN AROUND FOR A CONSIDERABLE PERIOD OF TIME IN ZIMBABWE.

• ZIMBABWE BECAME A MEMBER OF THE MAIN AND UNARGUABLY THE OLDEST AND ESSENTIAL COMPONENT OF THE INTERNATIONAL PATENT SYSTEM (THE PARIS CONVENTION) UPON GAINING ITS INDEPENDENCE IN 1980.

BACKGROUND CONT’D

• IN THE SAME YEAR (1980), IN NOVEMBER, ZIMBABWE ALSO BECAME PARTY TO THE LUSAKA AGREEMENT THAT SAW THE CREATION OF THE AFRICAN REGIONAL INTELLECTUAL PROPERTY ORGANISATION (ARIPO).

• ZIMBABWE ALSO BECAME PARTY TO THE HARARE PROTOCOL FOR THE PROTECTION OF PATENTS AND INDUSTRIAL DESIGNS IN APRIL 1984.

• ZIMBABWE BECAME PARTY TO THE WORLD TRADE ORGANISATION (WTO)-GOVERNED AGREEMENT ON TRADE RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS AGREEMENT) IN 1995.

ROLE OF THE PATENT SYSTEM

• THE PATENT SYSTEM INTENDS TO PROMOTE INNOVATION AND TO IMPROVE THE SOCIAL BENEFITS RESULTING FROM THAT INNOVATION.

• IT ALLOWS PATENT HOLDERS TO PREVENT OTHERS WITHOUT THEIR CONSENT FROM:

• MAKING, IMPORTING, USING, OFFERING FOR SALE OR SELLING THE PATENTED PRODUCT;

• USING THE PATENTED PROCESS/PRODUCT AND DOING ANY ACTS IN THE PARAGRAPH ABOVE IN RESPECT OF A PRODUCT OBTAINED DIRECTLY BY SUCH PROCESS.

IMPORTANCE OF PATENTS

• PROTECT TECHNOLOGICAL ADVANCES• CREATION OF A RESEARCH DATABANK• ENCOURAGE CREATORS TO CREATE MORE BY OFFERING

MATERIAL REWARD FOR MARKETABLE INVENTIONS. • EMPLOYMENT CREATION• STRONG MARKET POSITION AND COMPETITIVE

ADVANTAGE• HIGHER PROFIT OR RETURNS ON INVESTMENT• PROTECTION AGAINST INFRINGEMENT• ADDITIONAL INCOME FROM LICENSING OR ASSIGNMENT

OF RIGHTS.• ACCESS TO TECHNOLOGY THROUGH CROSS – LICENSING

FOR ENTERPRISES

ZIMBABWE PATENT STATISTICS

Year Patent Application Category

Number

National 18

2011 PCT 3ARIPO -

National 19

2012 PCT 5ARIPO 4

National 19

2013 PCT 4ARIPO 6

PATENT STATISTICS CONT’D

GRANTED PATENTS

INTERPRETATION• IN ZIMBABWE, THE PROPORTION OF PATENT GRANTS

TO FOREIGNERS TENDS TO BE MUCH HIGHER THAN PATENTS GRANTED TO OUR OWN NATIONALS

• BETWEEN 2006 TO 2010 ONE HUNDRED AND SIXTEEN (116) PATENTS WERE FILED AND LOCAL APPLICATIONS ACCOUNTED FOR ONLY 12% (ABOUT 14)

• OWNERSHIP OF PATENTS IN ZIMBABWE IS MORE FOREIGN INCLINED INSTEAD OF BEING LOCALLY ORIENTED

• UNDERUTILISATION OF THE PATENT SYSTEM

POSSIBLE EXPLANATIONS

• THE SMALLNESS OF PATENTS APPLICATIONS GRANTED LOCALLY IS NOT NECESSARILY INDICATIVE OF LOW LEVEL OF INVENTIVE ACTIVITY

• LACK OF IP AWARENESS

• IT LARGELY RELATES TO THE ABSENCE OF A SCHEME THAT PROTECTS INVENTIONS THAT MAY NOT MEET THE REQUIREMENT OF PATENTABILITY (NOVELTY, NON-OBVIOUSNESS & INDUSTRIAL APPLICABILITY)

• THE ABSENCE OF A NATIONAL IP POLICY & THE ABSENCE OF ANY BUDGETARY ALLOCATION FOR R&D

RECOMMENDATIONS/POLICY MEASURES

• INVESTMENT AT GOVERNMENT LEVEL IN RESEARCH AND DEVELOPMENT (R&D) AND CREATION OF INTELLECTUAL PROPERTY.

• THE CURRENT GOVERNMENT HAS NOT FULLY PRIORITIZED PATENTING AND IS NO LONGER SUPPORTING THAT IMPORTANT ASPECT OF THE ECONOMY.

• A POLICY SHIFT WHEREBY THE GOVERNMENT INCENTIVIZES CREATIVITY AND AVAILS GRANTS FOR PATENTS.

RECOMMENDATIONS/POLICY MEASURES

• IMPROVEMENT OF INDUSTRY/GOVERNMENT RELATIONSHIP THROUGH THE ESTABLISHMENT OF TECHNOLOGY AND INNOVATION SUPPORT CENTRES (TISCS).

• INCREASING R&D FUNDING FROM GDP TO AT LEAST 1% OR A SHIFT FROM GOVERNMENT TO CAPACITY BUILDING THROUGH INSTITUTIONS LIKE RESEARCH COUNCIL OF ZIMBABWE (RCZ), SCIENTIFIC AND INDUSTRIAL RESEARCH AND DEVELOPMENT CENTRE (SIRDC), NATIONAL UNIVERSITY OF SCIENCE AND TECHNOLOGY (NUST), CHINHOYI UNIVERSITY OF TECHNOLOGY (CUT) ETC AND LINKING THEM TO INDUSTRY THROUGH A NATIONAL IP POLICY

RECOMMENDATIONS/POLICY MEASURES

• THE INDUSTRY POLICY SHOULD POINT TO THE IP POLICY AND MAKE IT AN OBLIGATION FOR THE INDUSTRY TO FOLLOW THE IP POLICY AS A GUIDING FRAMEWORK.

• GOVERNMENT SHOULD ESTABLISH A GOVERNMENT CONTROLLED PATENT LICENSING CENTRE, ESPECIALLY IN MANUFACTURING, MINING AND AGRICULTURE WHICH MAKES IT AN OBLIGATION FOR FOREIGN COMPANIES TO SURRENDER ALL THE TECHNICAL KNOW-HOW.

• THE GOVERNMENT SHOULD PROMOTE AWARENESS PROGRAMMES RELATING TO IP.

RECOMMENDATIONS/POLICY MEASURES

• THE PATENT SYSTEM SHOULD BE IMPROVED AND THE PATENT OFFICE SHOULD NOT LIMIT ITS FUNCTION TO ADMINISTER THE PATENT RIGHTS BUT IT SHOULD ACT FOR THE AWARENESS OF PATENT AMONG THE INDUSTRIALISTS, RESEARCHERS, STUDENTS AND GENERAL PUBLIC AT LARGE.

• THE PATENT DOCUMENTS SHOULD BE MADE AVAILABLE BY ZIPO TO THE PUBLIC ON ELECTRONIC MEDIA LIKE INTERNET FOR DISSEMINATION OF TECHNICAL INFORMATION CONTAINED THEREIN.

• THE GOVERNMENT MAY ADOPT THE UTILITY MODEL PROTECTION SYSTEM TO PROMOTE LOW LEVEL IP ACTIVITIES BY THE INDIVIDUAL INVENTORS AND SMES.

THANK YOU

END

CONTACT DETAILS

S.P MakahamadzeIntellectual Property Manager

Scanlen & Holderness12th Floor, CABS Centre, 74 Jason

Moyo Ave, Harare.Phone: 04-799636/42, Ext. 276 Email:makahamadzes@scanlen.co.zw

Mobile: +263-772 895 989