Joint communiqué from the European Patent Office (EPO), African Intellectual Property Organization (OAPI), French Patent Office (INPI) and the United Kingdom Patent Office (UKPO)

International conference of industrial property experts in Dakar

Dakar, 15 June 2005 - What advantages can industrial property (IP) offer the African economy? How is technical innovation best protected and utilised? Where does traditional knowledge fit into the patent system?

Those were just some of the topics discussed at the "3rd EPO Forum for Africa". This year's event was held in Dakar, following on from Casablanca (2001) and Johannesburg (2003). It brought together a hundred or so high-level experts from Africa and Europe to exchange views on the latest developments in IP. The forum – the biggest international conference of its kind this year – was organised jointly by OAPI, the EPO, INPI and the UKPO.

According to OAPI's Director General, Anthioumane N'Diaye, IP has a very specific and important role in Africa: "The knowledge economy is all-embracing, which makes it essential that IP systems should also take due account of genetic resources, traditional knowledge and folklore, whilst ensuring effective technology transfer and supporting efforts to utilise innovation."

EPO President Alain Pompidou also stressed the social dimension of IP: "Patents contain the very latest technical knowledge. Intensive and targeted use of the patent system makes for better utilisation of that knowledge. As the system has become increasingly international, a unique and global transfer of knowledge has been made possible, with patent information now freely available to everyone over the Internet." Professor Pompidou added that the EPO was developing a database covering traditional knowledge as part of the search documentation it uses for examining patent applications: "This database will be incorporated into the EPO's electronic search system, and used systematically in the European patent grant procedure."

Benoît Battistelli, INPI Director General, highlighted IP's role as a "driving force in economic development. The various IP options available – patents, trademarks, industrial designs, utility models or geographical indications – now meet the needs of inventors and innovators at all stages of economic development. That is clearly shown by the success of a regional African organisation like OAPI."

Mr Battistelli stressed that "rules and regulations are only effective if they are applied. Enforcement is therefore our top priority in the fight against IP infringement. That is why INPI began back in the sixties to work with French-speaking Africa in this highly technical area where co-operation was particularly needed.

"Similarly, INPI was there when the first African and Malagasy organisation (OMAPI) was created. We have always aimed to be responsive to our African partners and keep in step with changing development policy. This approach has borne fruit in our partnership agreements with OAPI since 1982 and, more recently, with ARIPO.

"Hand-in-hand with our bilateral co-operation with Africa, we have also contributed within the multilateral framework offered by WIPO and the EPO. As a result, much has been achieved, including one of the flagship topics at this forum: a pilot project to help protect Africa's geographical indications. This joint initiative by INPI and OAPI is expected to lead – in three years' time and in co-operation with WIPO and the French Institute for Appellations of Origin – to effective legal protection for a whole range of high-quality African products.

"We shall continue to focus on those areas where Africa has special assets, so geographical indications will remain a major issue. But we also need to think about how to protect the craft sector. Traditional knowledge too is highly topical; here, the system for protecting geographical indications will no doubt offer some assistance, although further thought will have to be given to this subject. And we must not forget that intellectual property in the broader sense also includes copyright protection. We will need to strengthen that aspect, especially in view of the importance of folklore in Africa and the continent's many internationally famous musical performers."

Ron Marchant, UKPO Comptroller, emphasised that "economic growth and social improvement increasingly depend on the ability of individuals and businesses to lever value from their creative activities. This is true for all countries, including those in Africa where the creativity and entrepreneurship of the people can help improve the wealth and social wellbeing of all.

"In order to achieve this, countries need the infrastructure to ensure that business understands how to use and gain value from intellectual property, that university researchers can commercialise their work, that students are taught about intellectual property, and that government has the tools to run the system for the benefit of its people.

"Running an IP system requires more than an expert IP office, though that is a foundation. It requires a qualified legal profession, knowledgeable business advisers, good law teachers and policy experts who can negotiate nationally and internationally to ensure that the IP system balances the rewards for the innovator with the needs of citizens.

"Such expertise has to be developed, and the United Kingdom stands ready to work with willing partners to co-operate with our African friends and colleagues to achieve this. The United Kingdom has demonstrated its commitment to Africa. The UK Patent Office is a willing part of that".

Worldwide use of IP rights is increasing every year. This presents considerable challenges to the authorities responsible for granting and administering those rights. Part of the conference was therefore devoted to strengthening the institutions needed to operate IP systems. The forum also facilitated open and constructive exchanges between experts from the two regions, thus helping to intensify IP co-operation between Africa and Europe.