WIPO - KEPSA SEMINAR ON INTELLECTUAL PROPERTY AND FRANCHISING FOR SMES Nairobi, Kenya, February 8-9, 2006 Objectives, Programs and Activities of the Small and Medium-Sized Enterprises (SMEs) Division of WIPO Christopher M. Kalanje, Consultant, SMEs Division, WIPO Objective of the Seminar • Enhance awareness on role of IP in Franchising • Sensitize participants on IP opportunities and challenges in franchising Strategic use of IP in business • Identify case studies on SMEs and franchising in Kenya • Identify areas of possible cooperation • Establish partnership with institutions Basic Facts about WIPO WIPO’s Mission: • To promote the protection of IP rights worldwide and extend the benefits of the international IP system to all Member States. Status: An int’l intergovernmental organization – Member States: 182 – Treaties Administered: 23 – Headquarters: Geneva – • www.wipo.int Basic Facts about WIPO contd. Some WIPO Treaties that Kenya is a party PCT - Kenya (June 8,1994) 1967 1883 1970 1989 Madrid Protocol - Kenya (June 26, 1998) WIPO established WIPO Convention - Kenya (October 5, 1971) 1891 Madrid Agreement 1886 - Kenya (June 26, 1998) Berne Convention - Kenya (June 11, 1993) Paris Convention - Kenya (June 14, 1965) Basic Facts about WIPO contd. • WIPO Mission – To promote the effective protection and use of IP worldwide through cooperation with and among Member States and all stakeholders – Status: An int’l intergovernmental organization – Member States: 182 – Treaties Administered: 23 – Headquarters: Geneva http://www.wipo.int Facts About SMEs contd. Job Creation Innovation SMEs Trade Investment Social Tranquility Economic Growth Facts About SMEs contd. • SMEs form the bulk of enterprises in most economies • SMEs contribution toward economic growth of countries is widely recognized • SMEs in Kenya employed some 3.2 million people and accounted for 18% of GDP (source: www.oecd.org/dataoecd/57/59/34908457.pdf) • SMEs have the potential of doing better than their current performance Why SMEs and IP • Studies show that SMEs do not effectively use IP • SME users of IP system are often limited to high tech, biotech, information and communication technologies enterprises • Increasingly large companies include SMEs in their cooperate strategies Why SMEs and IP contd. Globalization Revolution in ICT Change in strategy; - Shedding away - Effective use and managing of information Why SMEs and IP contd. Domestic Market Why SMEs and IP contd. • Removal of trade barriers has increased competition both local and international • The playing field (market) is more “bumpy” i.e competitors differ in size and assets, financial capacity, human and organizational capacity e.t.c. Why SMEs and IP contd. • Price and location are taking back seat as main factors of competitive advantage • Efficient management practices, creative and appealing designs and ability to market are becoming a necessity if one wants to succeed in the market place • Technological edge plays critical role especially in high-tech industries Why SMEs and IP contd. INTANGIABLE ASSETS in particular INTELLECTUAL PROPERTY TAKING A CENTRAL STAGE Why SMEs and IP contd. Stimulate investment in new areas of R & D INTELLECTUAL PROPERTY Facilitate identification of products by consumer i.e consumer royalty Facilitate partnerships Enhances competitiveness WIPO Activities for SMEs • WIPO SME Division: Established in October 2000 • Objective: To strengthen the capacity of governmental, private and civil society institutions worldwide to formulate and implement policies and strategies for meeting the IP needs and concerns of SMEs WIPO Activities for SMEs contd. Gather and provide processed information Focus on new areas STRATEGY Strengthen outreach activities of IP offices Create simple, SME-friendly products WIPO Activities for SMEs contd. - Taking IP issues to non-traditional audience - Bringing business community to IP events - SME web site www.wipo.int/sme WIPO Activities for SMEs contd. - SME e-newsletter - Reaching out to partners e.g. Chamber of commerce, Business associations (e.g KEPSA), SME associations, SME support institutions etc. - Contributing articles to WIPO magazine WIPO Activities for SMEs contd. Products (Guides) – Making a Mark: An Introduction to Trademarks for Small and medium-sized Enterprises” (Arabic, Chinese, English, French, Italian, Portuguese, Russian and Spanish) WIPO Activities for SMEs contd. – Looking Good: An Introduction to Industrial Designs for Small and Mediumsized Enterprises” (Arabic, English, French, Italian, Portuguese and Spanish) WIPO Activities for SMEs contd. • Inventing the Future: An Introduction to Patents for Small and Medium-sized Enterprises (English; soon to be available in French and Spanish) WIPO Activities for SMEs contd. • Customization/translation completed – Algeria (French) – Argentina (Spanish) – Hungary (Hungarian) – Italy (Italian) – Lithuania (Lithuanian) – Morocco (French) – Slovakia (Slovakian) – Tunisia (French) http://www.wipo.int/sme/en/documents/guides/customization.html WIPO Activities for SMEs contd. Customization/Translation in progress, Kenya (Final stages ) WIPO Activities for SMEs contd. • Customization/Translation in progress Tanzania (Kiswahili guide 1) – 16 Countries members of the OAPI*, – Egypt, Israel and Lebanon * L'Organisation Africaine de la Propriété Intellectuelle (Benin, Burkina Faso, Cameroon Central Africa, Congo, Cote d'Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea Bissau, Mali, Mauritania, Niger, Senegal, Chad and Togo) WIPO Activities for SMEs contd. – Australia, India, Indonesia, Malaysia, Mongolia, New Zealand, Philippines, Vietnam – Canada, Czech Republic, Estonia, Finland,, Ireland, Malta, Poland, Spain WIPO Activities for SMEs contd. • Guides under preparation – Creative Expression (Copyright) – IP Valuation – Domain Names – Trade Secrets – Patent Information WIPO Activities for SMEs contd. • Joint publications with International Trade Centre (ITC) – Marketing Crafts and Visual Arts: The Role of Intellectual Property. A Practical Guide (English, French and Spanish) WIPO Activities for SMEs contd. – Secrets of Intellectual Property: A Guide for Small and Medium-sized Exporters (English, and Spanish) WIPO Activities for SMEs contd. – Exchanging Value: Negotiating Technology License Agreements: A Training Manual WIPO Activities for SMEs contd. • Other Publications (commissioned to external experts) – Intellectual Property Rights for the Toy Industry in India (Funded by UNIDO)* – Intellectual Property Rights for Machine Tools Industry in India (funded by UNIDO) • * United Nations Industrial Development Organization WIPO Activities for SMEs contd Multimedia Products IP Panorama 01 - http://www.wipo.int/sme/en/multimedia/flash/module_1/intro.htm Products in progress IP Panorama 02: Marketing (TM & ID) IP Panorama 03: Invention and Patent IP Panorama 04: Protection of Trade Secrets IP Panorama 05: Copyright and Related Rights WIPO Activities for SMEs contd. The SMEs web site has been linked to several business and academic web sites Feedback Increased interest on IP issues evidenced in non-traditional IP activities Increased collaboration with other institutions Why Franchising Rapidly growing business format IP plays important role in franchise system Need to enhance awareness of IP and Franchising Create the conducive environment for Franchising activities Conclusion Increased awareness and effective use of IP system Enhance SMEs competitiveness Positive impact in economic development Finally