THE INFORMAL ECONOMY IN DEVELOPING NATIONS Hidden Engine of Innovation? The informal economy represents a significant share of output and employment in many developing countries. Yet little is known about this hidden engine of innovation. This book addresses some of the following crucial questions: • What is the role of the informal sector in economic development? • How does innovation occur in the informal economy? How does it spread, who are the key actors and what impacts does it have? • How do inventors and entrepreneurs in the informal economy reap benefits from their innovations? And what stops informal sector innovation from scaling up? • How can informal sector innovation in developing countries be measured? • What policies might support informal sector innovation and improve its impacts? This book will stimulate further work on this crucial but under-researched subject. As well as rich empirical evidence from several groundbreaking studies, it includes conceptual and methodological tools and policy recommendations to help researchers and policy makers understand innovation in the informal economy. erika kraemer-mbula is a research fellow at the Institute for Economic Research on Innovation at Tshwane University of Technology in South Africa and a researcher at the DST-NRF Centre of Excellence in Scientometrics and STI Policy (SciSTIP). She is also an associate professor extraordinary at Stellenbosch University. Erika holds a PhD in Development Studies from the University of Oxford, and her research interests have focused on Science and Technology Policy analysis, innovation systems, sustainable development and various routes to the expansion of creative competencies in Africa. She is an active member of several academic networks, such as Globelics and Africalics, and an advisory member of international platforms advancing Africa–EU research collaboration in science and technology. sacha wunsch-vincent is the senior economist at the World Intellectual Property Organization (WIPO) and Lecturer of International Economics at Sciences Po, Paris. In this capacity, he is one of the authors of the World Intellectual Property Report and Editor of the Global Innovation Index. Sacha has served as advisor to various governments and organizations such as the World Bank and the World Economic Forum. Before joining WIPO, he was an economist and then Innovation Strategy Co-Leader at the OECD Directorate for Science, Technology, and Industry. Prior to that he was also fellow at the Berkeley Center for Law and Technology, University of California and the Peterson Institute for International Economics. “This book’s strong point is its emphasis on better measurement and evidence as essential prerequisites to improved policy making.” Mark Dutz, Lead Economist, Trade and Competitiveness, World Bank Group “Innovation may seem like a luxury; something countries can afford only once they have transcended issues of survival. But this attitude is outdated. Innovation can provide fundamental solutions to low-income countries and this book underlines this potential.” Xiaolan Fu, Founding Director of the Technology and Management Centre for Development (TMCD), University of Oxford, UK “The divorce between informal endeavors and prevailing knowledge production practices developed in this book is immediately recognizable for all developing countries.” Judith Sutz, Professor, Universidad de la República, Uruguay, and former Secretary of Science, Technology and Development, Latin American Commission of Social Sciences “The democratization of innovation, a wider participation of individuals and small firms in innovation, is a key factor for more inclusive growth. Considering the informal sector is critical in this regard, making this book an important contribution to this policy agenda.” Dominique Guellec, Head of Division, and Caroline Paunov, Senior Economist, Directorate for Science, Technology and Innovation, OECD “The authors have managed to put into perspective the hitherto hidden and unexplored contribution of the informal sector to Kenya’s modern economy and its industrialization process.” Joseph K. Kiplagat, Ministry of Industrialization and Enterprise Development, Kenya “This book is timely and important. Developing countries need to build development strategies and design public policies on the basis of what they have.” Bengt-Åke Lundvall, Secretary General, Globelics and Professor, Aalborg University, Denmark “This book encourages policy makers to better enable innovation in the informal sector. It is a meaningful contribution to the development of South Africa’s innovation policy.” Nonhlanhla Mkhize, Department of Science and Technology, South Africa “This book will contribute to making the innovation statistics and measurement work of the African Observatory for Science, Technology and Innovation more relevant to the African community.” Philippe Mawoko, Director, African Observatory for STI, African Union Commission “Mainstream innovation and IP debates have for the most part ignored what is commonly referred to as the ‘informal’ economy. This book aims to redress this deficit.” Shamnad Basheer, Honorary Research Chair Professor of IP Law at Nirma University, India, and Founder of SpicyIP “This volume provides valuable insights that will help guide further research and evidence-based policy not only in South Africa but also in emerging economies in general.” Phil Mjwara, Director-General, Department of Science and Technology (DST), South Africa cambridge and the world intellectual property organization Intellectual Property, Innovation and Economic Development Intellectual property is at the heart of modern economic life. In many countries, investment in intangible assets is growing faster than investment in tangible assets. Policy makers – whether in rich or poor economies – seek to promote an intellectual property framework that is conducive to innovation and economic growth. The series Intellectual Property, Innovation, and Economic Development intends to inform such policy initiatives through rigorous scholarship. Each book in the series examines a major aspect of the interface between IP, innovation and economic development. Economic analysis is complemented by contributions from other academic disciplines to present the latest scholarship and consider its real-world implications. The series builds on studies by the World Intellectual Property Organization, reflecting the research interests of the international policy-making community. Series Editor Carsten Fink, Chief Economist, World Intellectual Property Organization Books in the series: The Informal Economy in Developing Nations – Hidden Engine of Innovation? Edited by Erika Kraemer-Mbula and Sacha Wunsch-Vincent The International Mobility of Talent and Innovation – New Evidence and Policy Implications Edited by Carsten Fink and Ernest Miguelez THE INFORMAL ECONOMY IN DEVELOPING NATIONS Hidden Engine of Innovation? ERIKA KRAEMER-MBULA Tshwane University of Technology and SciSTIP SACHA WUNSCH-VINCENT World Intellectual Property Organization University Printing House, Cambridge CB2 8BS, United Kingdom Cambridge University Press is part of the University of Cambridge. It furthers the University’s mission by disseminating knowledge in the pursuit of education, learning, and research at the highest international levels of excellence. www.cambridge.org Information on this title: www.cambridge.org/9781107157545 © World Intellectual Property Organization 2016 This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published 2016 Printed in the United Kingdom by TJ International Ltd. Padstow, Cornwall A catalogue record for this publication is available from the British Library. Library of Congress Cataloging-in-Publication Data Kraemer-Mbula, Erika, editor. | Wunsch-Vincent, Sacha, editor The informal economy in developing nations : hidden engine of innovation? / edited by Erika Kraemer-Mbula, Sacha Wunsch-Vincent. New York : Cambridge University Press, 2016. | Series: Intellectual property, innovation and economic development | Includes bibliographical references and index. LCCN 2016026816 | ISBN 9781107157545 (hardback) LCSH: Informal sector (Economics) – Developing countries. | International organization. | International cooperation. LCC HD2346.5 .I5254 2016 | DDC 330–dc23 LC record available at https://lccn.loc.gov/2016026816 ISBN 978-1-107-15754-5 Hardback Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party Internet Web sites referred to in this publication and does not guarantee that any content on such Web sites is, or will remain, accurate or appropriate. CONTENTS List of Figures page xi List of Tables xiii List of Contributors xv Forewords xxv Preface xxxi Introduction 1 erika kraemer-mbula and sacha wunsch-vincent 1 The Informal Economy: Definitions, Size, Contribution and Main Characteristics 13 j a c qu e s c h a r m e s Comment 1.1 Adriana Mata Greenwood Comment 1.2 Johannes Jütting 49 2 Innovation in the Informal Economy 45 53 jeremy de beer, kun fu and sacha wunsch-vincent Comment 2.1 Colin C. Williams 88 Comment 2.2 Fred Gault 93 Comment 2.3 Xiaolan Fu 97 3 A Study of the Informal Metalworking Sector in Nairobi 100 c h r i s t o p h e r b u l l , st e v e da n i e l s , m a r y k i n y a n j u i a n d b a r r et t ha z e l t i n e Comment 3.1 Joseph K. Kiplagat 143 4 Informal Manufacturing of Home and Personal Care Products in South Africa 146 erika kraemer-mbula Comment 4.1 Nonhlanhla Mkhize ix 189 x contents 5 Herbal Medicine in the Informal Sector of Ghana 194 g e or ge o w us u e s s e gb ey a n d s tep hen a w uni Comment 5.1 Peter Arhin 228 6 Appropriation and Intellectual Property in the Informal Economy 232 j e r e m y d e b e e r a n d s a c h a w u n s c h- v i n c e n t Comment 6.1 Emmanuel Sackey 268 Comment 6.2 Dick Kawooya 278 Comment 6.3 Shamnad Basheer 283 7 Innovation Policy and the Informal Economy: Toward a New Policy Framework 296 e r i k a k r ae m e r - m b u l a a n d a l m a m y ko n t e Comment 7.1 Anneline Morgan 327 Comment 7.2 Judith Sutz 332 8 Formulating an Agenda for the Measurement of Innovation in the Informal Economy 336 j a c q u e s ch a r m e s , fr e d ga u l t a n d s a c h a w u n s c h- v in c e n t Comment 8.1 Philippe Mawoko 367 Annex 1 Ad Hoc Interview Guidelines and Questionnaires 371 Annex 2 Extract 1 from the Generic Questionnaire of Stage 2 of the 1-2-3 Survey 393 Annex 3 Kenya 2014 MSME Survey 395 Index 398 FIGURES 1.1 Employment in the informal sector negatively related to GDP per capita, 2010 or latest available year page 38 1.2 Employment in the informal sector positively related to population living below national poverty line, 2010 or latest available year 39 2.1 The informal economy in a local innovation framework 59 3.1 Kamukunji cluster is outlined to the east (right) and Machakos bus terminus is outlined to the west (left) 103 3.2 Metal boxes, ready for sale. They are used primarily for secure storage by students at boarding schools 106 3.3 Products manufactured by interviewees in Kamukunji (n = 84; businesses produce more than one product) 107 3.4 Metal boxes close-up to show the variation in detail, finish and quality 109 3.5 Typical cookstoves. The one on the right with black finish incorporates ceramic liners to improve the efficiency 110 3.6 Pots, pans and cooking utensils manufactured in Kamukunji 112 3.7 Wheelbarrows (and metal boxes) ready for sale 113 3.8 Chip cutters. Imported model on the right, informal adaptation on the left. The adaptation translates castings to sheet metal and adds a return spring to the mechanism 115 3.9 Animal sculptures at the Racecourse cluster 117 3.10 The innovation system of manufacturers in Kenya includes cluster businesses (suppliers and retailers), support and service organizations, education and knowledge transfer institutions, associations and regulatory bodies, as well as international trends and standards from above and cultural context from below 118 3.11 Annual value of goods sold reported by 40 firm owners in the Kamukunji cluster 119 3.12 Enterprises based on size and mode of production. Examples referenced in this section are mapped onto the 2 × 2 matrix 120 3.13 Product innovation levels of enterprises of varying levels of formality. While the formal Small-scale innovation sector showed xi xii 3.14 3.15 3.16 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 5.1 5.2 5.3 5.4 6.1 8.1 list of figures the most continuous innovation, formality was not necessarily a predictor of the product innovation level 123 Most business owners say they collaborate with other business people and/or fundis to improve their production processes. Very few receive institutional support or work in complete isolation 124 Fundis most often received training from other fundis in the cluster. Some received training from employers, relatives or friends. Very few received training from professional instructors 125 This generalized model shows the typical flow of innovation between and within the informal sector. Jua kali innovators most often adapt formal designs to available materials, production methods, style trends and customer needs. Other jua kali rapidly copy these adapted designs. Occasionally, a “reverse innovation” may occur in which formal solutions are adapted from informal ones 125 Range of cosmetic products and frequency observed – percentage of respondents manufacturing each product 154 Examples of personal care products manufactured by in-house informal manufacturers 155 Range of home care products and frequency observed – percentage of respondents manufacturing each product 156 Examples of home care products manufactured by informal manufacturers 158 Examples of improvements in soap packaging 160 Example of process innovation – crafting low-cost equipment 161 Examples of sophisticated equipment made available to informal manufacturers by technology transfer organizations 168 Percentage of respondents engaging with formal organizations 169 The system of innovation and production in the informal manufacturing of home and personal care products in South Africa 171 Respondents’ suggestions of suitable mechanisms of knowledge appropriation – frequency of suggested mechanisms 178 Ghana’s national innovation system and traditional medicine 203 Innovations in the value chain 209 FDA herbal medicine applications and approvals, 2000–2012 210 Examples of liquid and dry herbal medical preparations on sale in Ghana 214 Typology of formal and informal appropriation mechanisms 235 Proportion of countries using different types of survey in Africa 351 TABLES 1.1 Employment in the informal economy as a percentage of non-agricultural employment by five-year periods in various regions and sub-regions page 22 1.2 Employment in the informal economy as a percentage of total non-agricultural employment by five-year periods in Northern Africa 24 1.3 Employment in the informal economy as a percentage of total non-agricultural employment by decade in Sub-Saharan Africa 26 1.4 Employment in the informal economy as a percentage of total non-agricultural employment by five-year periods in Latin America 27 1.5 Employment in the informal economy as a percentage of total non-agricultural employment by five-year periods in Asia 28 1.6 Employment in the informal economy as a percentage of total non-agricultural employment by five-year periods in transition countries 29 1.7 Main components and characteristics of non-agricultural employment in the informal economy by region in 2005–2010 30 1.8 Contribution of informal sector to GDP in various developing countries: 2000s 33 2.1 The flawed juxtaposition of informal versus formal enterprises 62 2.2 Typology of informal sector entities in West Africa 65 2.3 Features of innovation in the informal economy – evidence from the case studies 75 3.1 Producers taking part in this case study 105 3.2 KIPI filing costs and duration from the Kenya Industrial Property Journal (Kenya Industrial Property Institute 2013), copyright cost and duration from the Copyright Board website (Kenya Copyright Board 2013) 128 3.3 Acts, agents, programs and targets for policies relating to IP and the informal sector 136 xiii xiv list of tables 4.1 Profile of the informal manufacturers of home and personal care products 152 4.2 “Degree of informality” of respondents 153 4.3 Perception of own product quality by informal manufacturers of home and personal care products 159 4.4 Significant improvements to products and processes, as reported by respondents 159 4.5 Key features of innovation by informal manufacturers of home and personal care products 162 4.6 Obstacles to innovation, as reported by respondents 163 4.7 Main sources of knowledge reported 166 4.8 Reported knowledge flows 169 4.9 Knowledge flows among producers/manufacturers 170 4.10 Functions of actors in the innovation system and assessed impact on informal manufacturers of home and personal care products 172 4.11 Cost of appropriation 174 4.12 Appropriation mechanisms used by informal manufacturers 176 4.13 Respondents’ assessment of the IP policy landscape in South Africa 178 4.14 Opinions about knowledge appropriation 179 5.1 Ghana health status indicators, 1988–2008 196 5.2 Comparative health statistics for Ghana and other selected African countries 197 5.3 Level of formality of traditional herbal practitioners: registration, contracting of bank loans and contribution to social security 200 5.4 Grouping of TMPs and number of employees 201 5.5 Functions of actors in the traditional medicine innovation system 204 5.6 TMP specialities 212 5.7 Selected enterprises and drugs on EDL 215 5.8 Number of registered trademarks in Ghana, 2000–2014 218 6.1 Appropriation in the country case studies 246 7.1 Examples of conventional instruments of innovation policy and their treatment of the informal economy 306 7.2 Policy approaches to the informal economy 312 8.1 Innovation surveys in Africa 340 8.2 List of countries with informal sector surveys 350 8.3 Types of surveys for the measurement of the informal sector, by sub-regions in Africa 351 CONTRIBUTORS peter arhin is the Director of the Traditional and Alternative Medicine Directorate, Ministry of Health in Ghana. He is a lead reviewer and coauthor of twenty-one institutional publications of the Ministry of Health Ghana, as well as a contributor to several WHO and WAHO publications on benchmarks, training and regulation of complementary medicine services. Peter has coauthored several publications in clinical pharmacology and authored four books. Peter Arhin obtained his Bachelor of Pharmacy and Master of Pharmacy (Pharmacology) degrees from Kwame Nkrumah University of Science and Technology (KNUST) in Kumasi, Ghana. He also holds Postgraduate Certificates in Leadership and Public Administration from the Ghana Institute of Management and Public Administration in Accra. stephen awuni is a research scientist of the Science and Technology Policy Research Institute (STEPRI), working within the Agriculture, Medicine and Environment Division (AMED) of the institute. He obtained an MPhil in Environmental Science, and a BSc in Zoology from the University of Ghana. His research interests are mainly traditional medicine, innovation studies, climate change and environmental management. He has coordinated a number of projects including the Traditional Herbal Medicine Study in Ghana and was part of a project team that revised the Ghana Herbal Pharmacopoeia in 2015. He is a member of Operationalizing Green Economy in Ghana Project, and the National Contact Point (NCP) for food security, sustainable agriculture, marine and maritime research, and the bio-economy of Horizon 2020 – EU Framework Programme for Research and Innovation. shamnad basheer is Honorary Research Chair Professor of IP Law at Nirma University, India, and Visiting Professor of Law at the National Law School of India University, Bangalore. He is the founder of the popular Indian intellectual property blog, SpicyIP, IDIA (a project to xv xvi lis t o f contributors train underprivileged students for admission to leading law schools) and P-PIL (a synergistic collaboration between legal academia and the legal profession to promote public interest goals). Following his graduation from the National Law School of India University, Bangalore, he worked with one of India’s leading IP firms and then finished his LLM and PhD from the University of Oxford as a Wellcome Trust scholar. For his various contributions to intellectual property law and legal education, he was recently awarded the Infosys Prize (in the Humanities category) by a jury headed by the Nobel Laureate Professor Amartya Sen. christopher bull is a senior lecturer and a senior research engineer at the Brown University School of Engineering. He holds degrees in Mechanical Engineering (ScB), Electrical Engineering (ScM) and Material Science (PhD). Chris teaches courses in industrial design, social entrepreneurship, appropriate technology and sustainable energy. His research includes technology and development, energy systems and neural implants. He is the coauthor of Appropriate Technology: Tools, Choices, and Implications and co-editor of A Field Guide to Appropriate Technology, both with Barrett Hazeltine, and has worked on grassroots technical development in Kenya, Tanzania and India. jeremy de beer creates and shapes ideas about technology innovation, intellectual property, global trade and development. He is a tenured Full Professor of Law at the University of Ottawa’s Centre for Law, Technology and Society. Professor de Beer is a cofounder and Director of the Open African Innovation Research (Open AIR) network, a multidisciplinary group of international experts, and coauthor/editor of five books, including Intellectual Property and Innovation: Collaborative Dynamics in Africa. As a practicing lawyer and legal expert, he has argued numerous cases before the Supreme Court of Canada, advised businesses and law firms both large and small, and consulted for agencies from national governments and the United Nations. jacques charmes, economist and statistician, is Emeritus Research Director at the French Scientific Research Institute for Development (IRD). He has been involved in the design and analysis of many surveys on the informal sector in Africa, north and south of the Sahara. Since the mid-1970s, he has written many articles, reports and manuals on the measurement of the informal sector in the labor force and in National Accounts. He has compiled data on the size, contribution and list of contributors xvii characteristics of the informal sector and informal employment across developing regions and over decades. His quantitative approach is combined with qualitative research that has given him an understanding of how master craftsmen teach their apprentices. He has been involved in discussions about the definitions of concepts of informality at the ILO and OECD. steve daniels is a designer and entrepreneur with a passion for cultures of making. He founded Makeshift, a media company that uncovers hidden creativity, and wrote Making Do, which chronicles his research on Kenya’s informal engineering systems. He is currently the President of Able Health, a software company that helps doctors get paid based on the quality of care. Previously at IBM, he helped lead design transformation efforts and received patents and awards for his work on Watson, Smarter Cities, health care and crowdfunding. He is the founder of the Better World by Design conference and has spoken at TED, SXSW and the New York Forum. george o. essegbey is the Director of the Science and Technology Policy Research Institute (STEPRI) of the Council for Scientific and Industrial Research (CSIR) in Ghana. With a PhD in Development Studies, he has conducted substantial research on science, technology and innovation and development, including micro and small enterprises and intellectual property rights. In Ghana he was a member of the National Development Planning Commission (NDPC). He has published extensively on innovation and has conducted studies for various international organizations including the World Bank, IFPRI, UNESCO, UNEP and World Intellectual Property Organization (WIPO). kun fu works as a research associate in the Innovation and Entrepreneurship Department at Imperial College Business School. She holds a PhD in Business Administration and Management from Bocconi University. Her research interests lie in the fields of technology innovation and entrepreneurship. She studies how entrepreneurs react to their contexts and examines the outcomes of this process such as firm creation, growth aspiration, technology innovation and diversification. Kun has also undertaken consultancy assignments for national governments, such as the Swedish Agency for Growth Policy Analysis; international organizations, such as WIPO; and private sector enterprises, such as Shell. xviii l i s t o f c o n tr i but o r s xiaolan fu is the Founding Director of the Technology and Management Centre for Development (TMD), Professor of Technology and International Development and a fellow of Green Templeton College, University of Oxford. Her research interests include innovation, technology and industrialization; trade, foreign direct investment and economic development. She was appointed by the Secretary General of the United Nations to the high-level advisory 10-Member Group to support the UN’s Technology Facilitation Mechanism and the Governing Council of the UN’s Technology Bank for the Least Developed Countries. She is project leader of the ESRC/DFID-funded project on the Diffusion of Innovation in Low-Income Countries with high relevance to this book. fred gault is a professorial fellow at the United Nations University in the Netherlands, UNU-MERIT, where he has contributed to projects on innovation in Africa. These include overseeing case studies on innovation in various contexts, including business activities in the informal economy and grassroots innovation in agriculture. He is also part of the team that supports work on the African Innovation Outlook, a product of the African Union. As a professor extraordinaire at the Tshwane University of Technology in South Africa, he is part of a network of researchers with a wide range of interests, including the informal economy. In Cape Town, he chairs the Advisory Committee of the Centre for Science, Technology and Innovation Indicators (CeSTII). His most recent edited book is the Elgar Handbook of Innovation Indicators and Measurement, published in 2013. barrett hazeltine was Professor of Engineering at Brown University and is now Professor Emeritus. From 1972 to 1992, he was also an associate dean of the College. He has taught at the University of Zambia, the University of Malawi, the University of Botswana and Africa University in Zimbabwe. Other countries in which he has done teaching or consulting include Bangladesh, Kenya, Indonesia, Mozambique, Nigeria and South Africa. He was a Fulbright lecturer in 1988–1989 and 1993. johannes jütting is the manager of the PARIS21 Secretariat, hosted at the OECD. He leads the partnership’s work in supporting developing countries to strengthen their capacity to better produce and use statistical data for policy making and monitoring of development outcomes. He l i s t o f c o n t r i b u tor s xix also contributes to the reflections on the design and implementation of the OECD Development Strategy as well as the Post-2015 Development Framework. Prior to his position at PARIS21, Johannes joined the Development Centre of the OECD in 2002 as a Senior Economist. From 2006 onward, he led the Poverty Reduction Unit. Prior to joining the OECD in 2002, he was a research fellow at the Center for Development Research in Bonn (ZEF) (1997–2002). Johannes holds a PhD in Development and Agriculture Economics and received his habilitation in development economics from the University of Bonn. dick kawooya is an assistant professor at the School of Library and Information Science, University of South Carolina, and a contributor to the Open AIR project in Uganda. He served as the lead researcher for the African Copyright and Access to Knowledge (ACA2 K) Project. His current research focuses on IP rights in informal sectors in the African context, specifically relationships between IP rights and informal sector activities. He holds a PhD in Communications and Information from the University of Tennessee, where his doctoral research explored Ugandan traditional musicians and their IP ownership. mary n. kinyanjui is a senior research fellow at the Institute for Development Studies, University of Nairobi, Kenya. She researches on small businesses, informality and social institutions and issues of international development. She has published widely in journals such as the International Journal of Entrepreneurship and Small Business, Hemisphere, African Studies Review, African Geographical Review and the Journal of East African Development and Research. She has been a visiting scholar at the International Development Centre (IDC) of the Open University in the United Kingdom and the United Nations Research Institute for Social Development in Geneva. She recently published Women and Economic Informality in Africa: From the Margins to the Centre (Zed Books, 2014). joseph kiplagat is the Director of Industrial Information Research and Policy at the Ministry of Industrialization and Enterprise Development in Kenya. He holds a doctorate in Mechanical Engineering. He spearheads the formulation of key policy documents in the areas of industrial and enterprise development whose implementation constitutes the driving engine and building blocks for Kenya’s industrialization process and by extension the achievement of Kenya’s xx li st of contributors Vision 2030. He also coordinates the collection and dissemination of industrial information and conducts industrial research on the development of Micro, Small and Medium Enterprises (MSMEs). He is a senior lecturer at the School of Engineering at Moi University in Eldoret, Kenya, where he teaches Applied Mechanics and Engineering Materials. Joseph has also served as Dean for the Faculty of Science and Engineering at Masinde Muliro University of Science and Technology in Kakamega, Kenya. almamy konté is Senior Expert in Innovation Policy at the African Observatory for Science, Technology and Innovation (AOSTI), a specialized technical office of the African Union Commission based in Malabo, Equatorial Guinea. He was the Director of Technological Research in the Ministry of Scientific Research in Senegal and a member of the Steering Advisory Committee of the Centre for Science, Technology and Innovation Indicators (CeSTII) of South Africa. He has recently published a paper on the innovation process in the informal ICT sector in Senegal. Almamy holds a PhD in Physics and has many years of experience as a lecturer and researcher at University Cheikh Anta Diop of Dakar and University Gaston Berger of Saint-Louis, where he was the head of the Computer Science Department. erika kraemer-mbula is a senior lecturer and research fellow at the Institute for Economic Research on Innovation, Tshwane University of Technology, South Africa. She is also an associate professor extraordinary at the Centre for Research on Evaluation, Science and Technology, University of Stellenbosch, South Africa. Erika’s research interests are on the systemic relationships between science, technology and innovation, sustainable development and various routes to the expansion of creative competencies in Africa in a range of economic activities, both formal and informal. Initially trained as an economist, Erika holds a Master’s in Science and Technology Policy by SPRU from the Science and Policy Research Unit (University of Sussex, United Kingdom), and a doctorate in Development Studies from the University of Oxford. In her career, Erika has adopted a cross-disciplinary approach to explore alternative development paths for African countries. bengt-å ke lundvall is Professor of Economics at the Department of Business and Management at Aalborg University. His research is organized around a broad set of issues related to innovation systems and l i s t o f c o n t r i b u tor s xxi learning economies. Since 2002 he has been Secretary General for the worldwide research network Globelics. In close collaboration with Christopher Freeman, Bengt-Åke Lundvall developed the idea of innovation as an interactive process in the first half of the 1980s and the concept of a national system of innovation in the second half. In the beginning of the 1990s, he developed the idea of “the learning economy” in collaboration with Björn Johnson. adriana mata greenwood is a member of the Department (previously Bureau) of Statistics of the International Labour Office. She has written on methodological issues relating to labor statistics, mainly in the areas of working time, underemployment and gender. Recently, she collaborated in the preparation of a manual on volunteer work and finalized the manual on informal economy statistics. She currently provides technical assistance to countries on these issues, as well as on the design of labor force and establishment-based surveys for the measurement of work-related income statistics, and is preparing a manual on this issue. philippe mawoko is the Director of the African Observatory for Science, Technology and Innovation (AOSTI) within the African Union Commission. Currently, Dr. Mawoko serves as a member of the Advisory Board of the United Nations University Maastricht Economic and Social Research Institute on Innovation and Technology (UNUMERIT). From 2007 to 2010, he coordinated the African Science, Technology and Innovation Indicators Initiative (ASTII) and the African Mathematical Institutes Network for the Office of Science and Technology (OST) of the NEPAD Planning & Coordinating Agency. He worked as a program manager in the NEPAD e-Africa Commission from 2003 to 2007. Formerly Minister of Post and Telecommunications in the Democratic Republic of Congo (DRC), Dr. Mawoko led the initial policy reform in the post and telecommunication sector in the DRC. Dr. Mawoko holds a doctorate in Mathematics from the University of Salzburg in Austria. He has lectured on Mathematics and Statistics in several universities, including the University of Zimbabwe in Harare. phil mjwara has served as the Director-General of South Africa’s Department of Science and Technology (DST) since April 2006. In this capacity, he is responsible for all policy development in the science and technology sector in South Africa. Prior to his appointment at DST, xxii l i s t o f c o n tr i but o r s Dr. Mjwara was the Group Executive for Research and Development and Strategic Human Capital Development at the Council for Scientific Industrial Research (CSIR). He has also held positions at the then Department of Arts, Culture Science and Technology, as Director of Technology; at the University of Pretoria as Professor of S&T policy; and at the universities of the Witwatersrand, South Africa and Fort Hare as a physics lecturer. Phil led the team that conducted the first South African technology foresight project. He has published and presented numerous papers relating to physics, technology analysis and foresighting-related topics. Dr. Mjwara is also the General Secretary of the Academy of Science of South Africa and has served on various advisory councils and review boards. He also serves on the Council of the University of Johannesburg. He is the co-chair of the intergovernmental Group on Earth Observations, based in Geneva. nonhlanhla mkhize is the Chief Director of Innovation for Inclusive Development at the Department of Science and Technology where she is responsible for a program focused on knowledge, evidence and learning for informing and influencing how science, technology and innovation may be used to achieve and advance inclusive development. She has presented at various national and international forums on how science, technology and innovation may be better integrated and exploited for socio-economic benefit, particularly for the excluded. She has served in the South African government in various socioeconomic development positions, mainly focused on inclusion. She has also represented South Africa in a number of international engagements, including those intended to enhance the role and participation of the informal sector in innovation. She holds a Master’s in Science from the University of Pretoria. anneline morgan is currently seconded to the SADC Secretariat as the Senior Technical Advisor: Science, Technology and Innovation, responsible for facilitating and coordinating regional science, technology and innovation policies, strategies and programs in support of the SADC Member States. Prior to her secondment, she held the position of Director: Africa Cooperation at the South African Department of Science and Technology, where she was responsible for managing international engagements and partnerships with African countries in the area of science and technology. Ms. Morgan has been instrumental in championing regional cooperation in the area of science, technology and list of co ntr ibutors xxiii innovation, which has resulted in the initiation of several regional programs. She holds a Master’s of Management in Public Policy from the University of the Witwatersrand, South Africa. emmanuel sackey is the Intellectual Property Development Executive at the African Regional Intellectual Property Organization (ARIPO), a lecturer at the Africa University in Mutare, Zimbabwe, and a member of several scientific and research associations. He has published several articles on IP and coauthored two books on the TRIPS Agreement and Access to Essential Medicines as well as IP and food security. He has been instrumental in ARIPO policy development and strategic planning. Emmanuel Sackey holds a Master of Philosophy in Food Science and Technology with a specialization in Product Development and Food Biotechnology, as well as a BSc in Chemistry. judith sutz is a full professor and academic coordinator of the Scientific Research Council of the University de la República, Uruguay, where she inaugurated the teaching of Science, Technology and Society. She is currently the President of the Globelics Scientific Board. Her current research is related to the structure of innovation systems in developing countries and the role of universities. Judith Sutz was a member of the Task Force on Science, Technology and Innovation for the UN Millennium Development Goals Program (2002–2004). From 1991 to 1997, she was the Secretary of Science, Technology and Development of the Latin American Commission of Social Sciences (CLACSO). She has worked as a consultant for several national and international organizations. colin c. williams is Professor of Public Policy in the Management School at the University of Sheffield in the United Kingdom. His research focuses on the informal economy and entrepreneurship. His recent books include Measuring the Global Shadow Economy: The Prevalence of Informal Work and Labour (2016), Entrepreneurship and the Shadow Economy: A European Perspective (2016) and Confronting the Shadow Economy (2014). sacha wunsch-vincent is the senior economist under the chief economist at WIPO. He is one of the main authors of the World Intellectual Property Report and Editor of the Global Innovation Index. Sacha’s primary research is concerned with the interaction of innovation, xxiv l i s t o f c o n tr i but o r s intellectual property and economic development. Before joining WIPO, he was an economist at the OECD Directorate for Science, Technology, and Industry for seven years, and before that the Swiss National Science Fellow at the Berkeley Center for Law and Technology, University of California, Berkeley. He has served as an advisor to various governments. Sacha holds a Master’s in International Economics from the University of Maastricht and a PhD in Economics from the University of St. Gallen. He teaches at Sciences Po (Paris) and the World Bank Institute. FOREWORD bengt-å ke lundvall Secretary General, Globelics and Professor at the Department of Business and Management, Aalborg University This book is timely and important. Developing countries need to build development strategies and design public policies on the basis of what they have. As demonstrated in this book, in Africa, as in most lowincome countries in other parts of the world, most people work in the informal sector. When they work, they use more or less advanced tools and produce more or less sophisticated products, sometimes doing things in new ways and delivering new kinds of products and processes. This book provides conceptual frameworks to understand such processes and ideas about how to measure such activities and outcomes as well as recommendations for policy. The book is unique in addressing the role of innovation in the informal sector in a systematic manner. General analysis of this phenomenon is combined with in-depth case studies analyzing three different technological fields in three different countries, helping the reader get a concrete understanding of what is at stake. One important insight when it comes to innovation is that there is a need to look into the interaction between the formal and informal sectors. Workers move between formal and informal work, and enterprises that operate in the formal sector may depend upon activities in the informal sector – or vice versa. The book corrects a general misunderstanding about economic growth and the evolution of the informal sector. While it is correct that the informal sector constitutes a bigger share of all economic activities in the poor countries, there is no simple correlation between the rate of economic growth and the rate of reduction in informal sector activities as a share of economic output and employment. The fact that African countries with high growth rates have been characterized by a growing share of workers in the informal sector can be interpreted in different ways. Some would say that it reflects a highly problematic growth path where some leading natural resource sectors related to mineral and oil have very low capacity to create jobs. Others would argue that the natural xxv xxvi foreword resource-based sectors that dominate growth can play a dynamic role in relation to the whole economy (Lundvall and Lema 2014). The project that led to this book was initiated by member countries of the World Intellectual Property Organization (WIPO) and one important purpose was to understand the role of the protection of intellectual property (IP) in the informal sector. Do innovators within that sector make efforts to protect new ideas that are materialized in new processes and new products? What kind of means do they use? Would innovation activities be stimulated by changes toward more formal means of protection? Chapter 6 and the three case studies indicate that formal IP rights are not significantly used in the informal sector. One way to understand related difficulties is to consider the link between innovation and different kinds of knowledge. It is useful to view the innovation process as one where “knowledge” is both an input and an output. Innovations typically reflect the introduction of a new combination of existing knowledge into the economy, and the innovation itself represents new knowledge. But knowledge is complex. Some knowledge takes the form of information that is easy to absorb and diffuse. Such knowledge can be regarded as a public good. If innovations take this form – as they do, for example, when it comes to the development of drugs that can easily be copied by others – public production or IP rights need to be introduced in order to keep the search for new or better drugs moving ahead. But there are important elements of tacit knowledge that are necessary to develop and use new technologies and products. As we have demonstrated elsewhere (Jensen et al. 2007), it is useful to distinguish between two “modes of innovation.” Some processes of innovation are rooted in experience-based learning (by doing, using and interacting (DUI)) while others are more directly linked to scientific information (science, technology and innovation (STI)). The DUI mode dominates in lowtechnology areas such as construction, clothing and food production while the STI mode dominates in sectors such as informatics, pharmaceuticals and aerospace. It is quite obvious that the dominant mode of innovation in the informal sector is based upon experience-based (DUI) learning. Therefore it is not surprising that we find very little evidence of formal IP right protection in the sector. The proposal that there should be a creative search for alternative incentives that fit better the characteristics of the informal sector is especially interesting. In the case of f o r e wor d xxvii informal sector innovators in low-income countries, mechanisms involving social recognition might be of special interest. I would like to congratulate the editors and those who have contributed to this project and to the book. It represents a major step toward reaching a systematic understanding of the role of innovation in the informal sector. The next step could be to analyze the same phenomenon from a different perspective where the focus is upon the tacit dimension of the innovation process and upon embodied knowledge. There is little doubt that learning and formation of human skills taking place in the informal sector are crucial for innovation and economic development. References Jensen, M.B., Johnson, B., Lorenz, E. and Lundvall, B.-Å. 2007. “Forms of knowledge and modes of innovation,” Research Policy 36(5): 680–93. Lundvall, B.-Å. and Lema, R. 2014 “Growth and structural change in Africa: Development strategies for the learning economy,” African Journal of Science, Technology, Innovation and Development 6(5): 455–66. FOREWORD phil mjwara Director-General, Department of Science and Technology, South Africa, and General Secretary of the Academy of Science of South Africa The Republic of South Africa has made substantial efforts to advance STI and is increasingly making its mark in the continent and the international arena at large. Projects such as the Square Kilometer Array are testimony to this. Due to the country’s political history, the majority of the population did not play an active role in STI until after 1994. Since then, the country’s main goal for the last two decades has been to ensure that there is broader participation in the generation of STI, and broader enjoyment of the benefits it brings. Knowledge is the currency of any country’s innovation system, and it is important to recognize that such knowledge is not confined to large institutions or corporations but is spread among all members of the society. The National Development Plan and its vision for 2030 identify STI as an important area in which South Africa needs to continue investing in order to improve the lives of the South African people. Over the years, the Department of Science and Technology (DST) has invested in targeted projects addressing broader societal needs. Some examples include information and communication technology projects connecting rural communities to the Internet for the first time, research to discover vaccines for diseases such as HIV and TB and the exploitation of indigenous plants for medicinal purposes. Informal economic actors remain marginalized, in both rural and urban settings. Many people operating informally are severely affected by poverty, low levels of education and limited income-generating opportunities. Their creative talent and ideas need to become part of our collective pool of knowledge, constituting our knowledge-based economy. There is still little we know about the informal economy and the innovations that are generated by informal economic actors. This volume provides valuable insights that will help guide further research and evidence-based policy not only in South Africa but in emerging economies in general. This type of evidence, if collected consistently and systematically, would help us draw on a formidable yet xxviii f o r ew o r d xxix traditionally neglected source of economic growth and creativity: the informal economy. This volume informs and complements some of our ongoing efforts including the work from the recently established unit on innovation for inclusive development at the DST. It is essential to ensure that STI contributes to socioeconomic development, to address the triple challenges of poverty, inequality and unemployment. Emerging economies can become global pioneers in this regard, opening new paths to more inclusive forms of development. PREFACE The informal economy in developing countries is of undeniable importance. It provides a source of income, employment and livelihood to a very large portion of the population, surpassing formal economic structures in many countries. However, informality is a phenomenon with many facets that scholars and practitioners are still trying to unpack. Informality is tightly linked to exclusion, poverty and marginalization. At the same time, many innovators in developing countries work informally, finding creative solutions to everyday problems. A central concern of this book is to better understand whether innovative solutions can be found in the informal sector, and whether such innovations can be promoted and supported in such a way that they lead to more equitable scenarios in developing countries. The origins of this work lie in a project initiated by the Member States of the World Intellectual Property Organization (WIPO) to implement Recommendation thirty-four of WIPO’s Development Agenda via the Committee on Development and Intellectual Property (CDIP). Specifically, the task was to more empirically assess the interactions between the informal economy, innovation, knowledge appropriation and development. The objective was to lift the veil on this underresearched area of innovation of importance to developing countries. The resulting research project has been ongoing since 2011 with the following steps: First, a conceptual study was developed reviewing existing research regarding the informal economy, innovation and IP. This study provided an analytical framework and methods to study innovation in the informal economy for further empirical research and fieldwork. A workshop on “Innovation, Intellectual Property and the Informal Economy” hosted by the Institute for Economic Research on Innovation (IERI) at Tshwane University of Technology in Pretoria, xxxi xxxii pr eface South Africa, from November 19 to 21, 2012, brought together experts and stakeholders to discuss and refine strategies for successfully carrying out the project. The project was also coordinated with the ongoing research of the Open African Innovation Research (Open AIR) network carried out with financial support from Canada’s International Development Research Centre and the Deutsche Gesellschaft für Internationale Zusammenarbeit. Second, three studies were conducted exploring innovation in three informal sectors: metal manufacturing in Kenya, the manufacture of home and personal care products in South Africa and herbal medicines in Ghana. The output is based on unique fieldwork and structured interviews and questionnaires. As existing innovation surveys did not prove useful in the informal context, a dedicated model questionnaire for the informal economy was developed, also yielding new research approaches and metrics. Representatives of the informal sector and policy experts were involved in this process. Third, and on the basis of the aforementioned material, the present book chapters were developed. In particular, existing outputs were finetuned, and chapters were added to provide a more detailed treatment of IP issues, statistical requirements and challenges, and policy recommendations. We hope that this book will be of interest and value to innovation scholars, statisticians and policy makers alike. In relation to the academic community, the importance of the informal economy for development and innovation is not matched by sufficient economic and, in particular, empirical work on the matter. In relation to the community of statisticians, interest is growing to establish measurement tools such as innovation surveys and qualitative studies more tailored to the needs of developing countries. Finally, current policy approaches are not designed to foster innovation in the informal sector; this is true despite the fact that policy makers have generally moved beyond the notion of simply wanting to “suppress” the informal economy. The book offers new policy recommendations in response. There are many individuals and organizations to thank for their help with this book – too many to list. However, first and foremost we would like to thank the numerous (and often anonymous) informal entrepreneurs who patiently helped us shape and refine our questionnaires, responded to our questions and inspired us with their resilient and creative approach to life, often in very trying circumstances. We would preface xxxiii also like to thank the staff at the Institute for Economic Research on Innovation, the DST-NRF Centre of Excellence in Scientometrics and Science, Technology and Innovation Policy (SciSTIP) and the WIPO Secretariat – in particular WIPO’s Traditional Knowledge Division – for their valuable inputs into and support for this project. The Department of Science and Technology in South Africa, the Southern African Development Community (SADC) Secretariat, the African Observatory of Science, Technology and Innovation (AOSTI) and the Member States of WIPO generally – and the delegations of Kenya, South Africa and Ghana more particularly – have been a source of encouragement and intellectual input. The study also benefited from expert comments at the 6th Micro Evidence on Innovation and Development Conference in Cape Town, South Africa, November 21–23, 2012; the Academy of Innovation and Entrepreneurship Annual Conference in Oxford, August 29–30, 2013; the Open AIR Conference on Innovation & IP in Africa, Cape Town, December 9–13, 2013; the WIPO CDIP side event on Innovation, IP and the Informal Economy, Geneva, May 22, 2014; the Conference on Micro Evidence on Innovation and Development (MEIDE) in New Delhi, February 10–12, 2015; and the Globelics conference Innovation to Reduce Poverty and Inequalities for Inclusive and Sustainable Development, Havana, September 23–25, 2015. Prominent initial policy recommendations were also showcased as part of the United Nations 2013 Annual Ministerial Review of the Economic and Social Council on March 14, 2013, in Dar es Salaam, Tanzania. We hope that this book will lay important groundwork for future empirical work, for the development of appropriate metrics and for crafting new innovation policy approaches pertinent to the fast-paced informal economy. Erika Kraemer-Mbula Sacha Wunsch-Vincent DISCLAIMER The views expressed herein are those of the authors and do not necessarily reflect the views of the World Intellectual Property Organization (WIPO) or its member states. xxxiv u Introduction erika kraemer-mbula and sacha wunsch-vincent Innovation-driven growth is now firmly on the agenda of developing countries. Numerous national innovation policies are being designed to foster innovation and harness it for growth. But importantly, innovation policies and programs need to be mindful and inclusive of the distinctive features and needs of middle- and low-income countries. A vital specificity of many developing countries is the ubiquity of the informal sector and its demonstrated contribution to economic output and employment. In developing countries, the informal economy is often a greater source of innovation than the formal sector. Small or larger family entities and enterprises that constitute the informal economy produce new products or processes under conditions of scarcity in very diverse sectors, ranging from automotive and health to household appliances. In informal manufacturing clusters, products range from simple goods like kitchenware and furniture to more complex tools and machines. This type of innovation is rarely the result of research and development (R&D); rather, it tends to be driven by knowledge gained through adopting, adapting and improving existing good ideas, best practices and technologies in novel ways to solve problems in light of available materials and customers’ limited budgets. Moreover, it has been argued that the informal economy also constitutes a low-risk test bed for innovations. However, too little is known about the innovation systems surrounding the informal economy. Most evidence relies on anecdotal studies rather than systematic research based on solid analytical frameworks. As a result, policy makers face a dearth of data or rigorous analysis to support their policy decisions when it comes to innovation in a developing-country context. This book aims both to provide a more rigorous assessment of how informal innovations are generated, monetized and diffused, and to encourage and support further research on these crucial issues. It seeks 1 2 e rika kra e mer-mbula a nd sacha w uns ch-vincent to understand what drives innovation in the informal economy, and whether and how innovative actors secure some return on their innovations. Firms in the formal sector that invest in innovation commonly aim to reap a return on their investment by maintaining some form of exclusivity over their know-how. This is done by being first to market, by keeping innovations secret or by using formal intellectual property rights (IPRs). But the role of IPRs and appropriation mechanisms such as secrecy, contracts and social norms of local communities in the informal economy are poorly understood. On the one hand, the absence of more formal appropriation systems might lead to information and knowledge diffusing more freely in the informal economy. On the other hand, actors may have fewer incentives to invest in machines or human capital and may be unable to scale up innovations to a sufficient level and reach. The absence of branding, for instance, may make it harder for consumers to distinguish between products by different producers within the sector, reducing the possible rewards to producers of good quality. What policies will best foster innovation in the informal economy and harness its impacts? Neither current policy documents nor the academic literature propose a policy framework in this regard. This book assesses whether traditional innovation policy approaches are relevant in the informal context and highlights the objectives that a new innovation “policy mix” must address. Finally, the book proposes a measurement agenda for statisticians, in order to capture informal innovation in developing countries, its drivers and related barriers. A number of prominent books and articles stress the importance of the informal economy for economic development. Yet the literature on the informal economy does not directly address issues of innovation, and the literature on innovation pays little attention to the informal economy. As a result, there are few studies relating to informal sector innovation, and those there are typically call for more research in this field (Srinivas and Sutz 2008; Daniels 2010; Gault 2010; Kraemer-Mbula and Wamae 2010; Muchie et al. 2015). This book responds to that call and pushes the boundaries of research in the field of informal economy innovation, first by conceptually integrating so-far separate analyses of innovation and the informal economy, and second by using research methods not often used by those studying the economic and employment aspects of innovation or the informal economy. In addition, this book provides unprecedented coverage of knowledge appropriation in the informal economy. Many questions arise regarding appropriation mechanisms in the informal economy: are incentives for innovation, introduction 3 diffusion and impact different in the formal and informal economies? Does the informal economy rely on different appropriation mechanisms than the formal sector? Indeed, are there efforts to appropriate in the informal economy, or is there any opposition to appropriation? Are innovation outputs and technical know-how communicated differently in the informal economy than the formal economy? In sum, this book contributes to the general debate on innovation, IP and development, which now attracts keen academic interest. The book consists of eight chapters, which, variously, elaborate on conceptual aspects, review existing literature, analyze evidence and recommend new approaches for innovation policy and research. Chapter 1 by Jacques Charmes examines how the definition of the informal economy has evolved over recent decades and introduces some estimates of its size in different regions of the world. Charmes argues, in line with most recent research, that economic activity is best understood as taking place within a formal–informal continuum; with different activities and actors occupying different points along the continuum. In other words, rather than seeing the informal economy as a separate economic sphere, the focus should be on understanding the complex inter-relationships between formal and informal activities. Drawing on a range of sources, he provides long time series of statistics to portray the size of the informal economy in terms of its contributions both to employment and to gross domestic product (GDP). These figures include the latest statistics by regional breakdown and in selected developing countries, making this one of the most complete and up-to-date depictions of the informal economy in developing countries available. As Professor Charmes shows, estimates suggest that over the past two decades informal employment or employment in the informal economy made up more than half of non-agricultural employment in most middle- and low-income countries. Sub-Saharan Africa is the region where the informal economy is believed to make the largest contribution to GDP – nearly two-thirds of GDP, including agriculture and half of non-agricultural gross value-added. It is followed in Southeast Asia by India, with around 50 percent of total GDP, then come countries in the Middle East, North Africa and Latin America. Descriptive statistics suggest a negative correlation between the percentage of employment in the informal sector and GDP per capita. Employment in the informal sector is also positively correlated with poverty across countries. However, there is no evidence that informal employment does or does not cause low GDP or high poverty or that 4 e rika kra emer-mbula a nd sacha wuns ch-v incent informality will fade away with economic development. Indeed, in most regions studied there has been a marked increase in informal employment along with pronounced economic growth. Professor Charmes’ analysis supports finding elsewhere in the literature that the informal economy is a “permanent feature” of regions such as Latin America and Africa. Each chapter of this book is accompanied by comments from academics or policy makers, reflecting our desire as editors to include as many viewpoints as possible and provide breadth as well as depth. Chapter 1 is complemented by comments from Rafael Diez de Medina and Adriana Mata Greenwood of the Department of Statistics of the International Labour Organization (ILO) and Johannes Jütting of the Organisation for Economic Co-operation and Development (OECD). The comment from the ILO provides additional insights into the definition of the informal economy, highlighting a persistent lack of harmonization and consensus regarding measurement which limits the international comparability of the data. The OECD comment points out interesting areas for future research such as the exploration of the role of the informal economy as a “shock absorber” in times of economic recession, the gender dimensions of informal employment and the perceptions and legitimacy of state institutions over marginalized communities in the context of developing countries. Chapter 2 by Jeremy de Beer, Kun Fu and Sacha Wunsch-Vincent reviews “what we know and do not know about innovation in the informal economy.” It makes a valuable attempt to integrate the literatures on innovation studies and the informal economy, which have traditionally remained disconnected. This disconnect can be explained partly by the emphasis that the literature on innovation has given to formal scientific and technological components of the innovation system while neglecting aspects that are central to developing countries, such as the informal economy. The literature on the informal economy has recognized its central economic and social role in developing countries, but has largely equated informality with survivalist activities with little or no potential for innovation. In order to develop a fuller picture, the chapter addresses several key questions. Who is the archetypical innovator in the informal economy? What types of innovation are generated? What is different from what one would encounter in the formal economy? The authors argue that innovation within the informal economy should be conceptualized within an innovation systems framework, putting particular emphasis on the geographical territory in which informal activities take place, usually at the local level. introduction 5 As well as conceptually integrating two scholarly literatures, the chapter also synthesizes evidence discussed in the subsequent chapters on three African countries. This reveals several key findings: (1) the informal economy is as diverse as the formal economy. Furthermore, in each of these diverse activities the incidence and role of innovation, including the interactions with innovation in the formal sector, are likely to be different; (2) innovation does take place in the informal economy in the form of new products, product improvements, process improvements and the utilization of new tools. This type of innovation has been characterized as “quick responses to market demand and supply,” solving problems to overcome shortcomings of the formal economy and/ or to adapt foreign products to local conditions. (3) Adaptation and imitation are more frequent than original invention in the informal economy. (4) Firms in the informal economy tend to operate in clusters that facilitate a rapid transfer of skills and knowledge across firms. This seems to have a dual impact on innovation. On the one hand, information diffuses rather freely in the informal economy, and specialized resources are often shared. However, clustering can also have a negative impact on the appropriation of innovation activities, as competition over a similar product and quality range can be fierce, making it impossible to prevent others from copying one’s innovation. (5) Many micro-firms in the informal economy demonstrate low capital intensity and face limitations on technical upgrading and limited skills. These constraints affect the scale at which innovation-related production and trade occur in the informal economy. (6) Actors in the informal economy draw significantly on external agents as sources of innovation – a phenomenon also described as “inbound open innovation.” (7) Skills are acquired through early formal education, learning by doing through work experience and learning by training through apprenticeships in the informal or formal sector. A combination of some formal education, specific vocational training and work experience is relevant in building innovative capacity within informal economy firms. A comment on this chapter by Colin C. Williams of the University of Sheffield outlines the treatment of the concept “informal economy” in the literature. Professor Williams highlights the underlying views of hierarchy shaping the “subordinate” status of the informal economy and how these views have also manifested in a restricted understanding of the possibilities of innovation in the informal economy. Another comment, by Fred Gault of UNU-MERIT and IERI-TUT, raises important questions about the assumptions made in the literature in relation to informal 6 erika kra emer-mbula and sacha wuns ch-v incent economic activities, calling for the need to revisit the concepts of “firm” and “market” in the context of informality. Professor Gault stresses that certain features of innovation in the informal economy, such as the role of users and the importance of learning, require further attention in order to design innovation policies that are more suitable for entrepreneurs in developing countries. Chapters 3, 4 and 5 in this book are dedicated to three case studies conducted in Kenya, South Africa and Ghana, respectively. The three country studies follow a similar methodology, based on a systemic view of innovation, examining informal entrepreneurs in three different sub-sectors: metal workers in Kenya, manufacturers of home and personal care products in South Africa and manufacturers of traditional medicines in Ghana. Comparable first-hand evidence was collected in the three countries, allowing us to identify commonalities in terms of learning, innovation and knowledge flows. However, the analyses also indicate significant differences between sectors and countries, suggesting not only the diversity of the informal economy, but also the importance of understanding the local context in order to better appreciate the priorities and behavior of informal entrepreneurs. Chapter 3 by Christopher Bull, Steve Daniels, Mary Kinyanjui and Barrett Hazeltine explores the flow of ideas and innovations in the informal metalworking sector of Nairobi, Kenya. The goal of this chapter is to explore how products and processes are developed and disseminated, and whether and how formal and informal intellectual property (IP) appropriation mechanisms are used. Data were gathered using a scripted interview with workers in the Kamukunji cluster in Nairobi, informal interviews with workers and business people outside the cluster, meetings with government and NGO officials, and by documenting product taxonomies and reviewing policy documents and government communications. Key findings include a significant gap between formal appropriation mechanisms and the informal sector, a host of policies that offer opportunities for informal enterprises and poor documentation of programs that implement those policies. The accompanying comment by Joseph K. Kiplagat of Kenya’s Ministry of Industrialization and Enterprise Development emphasizes the key role that the jua kali (informal) sector plays in the social, cultural and economic life of Kenya. As the son of a fundi (the term used for “makers” or “informal workers”), Kiplagat is well placed to highlight the creative and entrepreneurial potential of the Kenyan informal sector. introduction 7 Chapter 4 by Erika Kraemer-Mbula is concerned with the informal manufacturing of home and personal care products in South Africa. On the basis of primary data, the chapter explores various types of innovation by informal manufacturers, paying close attention to the context in which innovations emerge. Kraemer-Mbula identifies connections between the formal and informal economies, leading to knowledge being shared, exchanged, combined and applied to create new products, services and processes. The chapter does not examine informal manufacturers in isolation, but as part of the broader economic, social and institutional system in which they operate. It maps the innovation system around informal manufacturers, exploring relationships and interactions across the productive chain of home and personal care products, and with an array of formal and informal organizations. From this analysis, KraemerMbula develops several policy recommendations. Chapter 4 is complemented by a comment from Nonhlanhla Mkhize of the Department of Science and Technology, Ministry of Science and Technology, South Africa. She calls for evidence on innovation dynamics in the informal economy to be linked more closely to existing policy frameworks guiding education, economic and innovation activities in South Africa. There is still a perception that innovation is exclusive to the formal domain of the economy, indicating that further evidenceinformed decision and policy making is needed in order to pave a more inclusive development path for South Africa. Chapter 5 by George Owusu Essegbey and Stephen Awuni analyzes the practice of traditional herbal medicine in Ghana. The authors conducted a survey of traditional herbalists in Ghana to assess, among other things, their modes of operation and any product, process and institutional innovations in their practice. They found that there has been a significant improvement in the manufacturing of traditional herbal medicine in Ghana over the years through innovation. The authors elaborate on the drivers of innovation such as policy initiatives taken to enhance traditional medicine practice, regulations, training and competition in the marketplace. They argue that traditional herbal medicine practice cuts across the continuum of informal–formal economic activity, and policies aimed at promoting traditional herbal medicine and stimulating innovation need to take account of this. According to their findings, IP mechanisms have potential to foster innovation. However, work is needed both to raise awareness of IP and to review IP systems and knowledge appropriation mechanisms to ensure that they are suitable for the sector. 8 e rika kra emer-mbula a nd sacha w uns ch-vincent In his comment on the chapter, Peter Arhin, Director of Traditional and Alternative Medicine Directorate (TAMD), Ghana, outlines the regulatory reforms experienced by the traditional health system in Ghana in recent years. He highlights not only some achievements but also some remaining challenges, in particular difficulties that manufacturers of traditional medicines experience in accessing financial resources, technical expertise and support for knowledge appropriation. On the basis of these observations, he suggests concrete policy recommendations, including the promotion of local manufacturing and the development of a suitable institutional infrastructure able to push the manufacturing of traditional medicines to international levels of competitiveness while maintaining their relevance to users. Chapter 6 by Jeremy de Beer and Sacha Wunsch-Vincent explores how innovation is protected in the informal sector. Firms that invest in innovation commonly aim to reap the returns from it by maintaining some form of exclusivity over their know-how related to new processes or products or by selecting other means of gaining a competitive advantage. Mirroring the spectrum from formality to informality that characterizes the informal economy generally, a range of formal, semiformal and informal appropriation mechanisms is used to appropriate innovation. Formal mechanisms of appropriation take the form of IPRs. Semi-formal means of appropriation include secrecy, publishing, non-competition clauses, non-disclosure agreements, contracts and others. Informal forms of appropriation may include lead time, complexity of design or technology, after-sales and services, and customer loyalty. The authors emphasize that even in the formal economy, different firms deploy diverse strategies to appropriate returns from innovation. Innovation appropriation in the informal economy specifically is an under-explored topic. A review of existing literature creates the first impression that actors in the informal economy either give little consideration to appropriating returns on their innovations or rely on semiformal or informal rather than formal appropriation mechanisms. Analysis of the evidence provided by the case studies supports two points. First, the majority of innovation appropriation mechanisms in the informal economy are informal in nature, with lead-time, sales or service efforts, customer loyalty and after-sales efforts being the most important mechanisms. Moreover, the innovation system around informal economic activities largely rests on “collective learning experiences” based on low entry barriers and free flows of knowledge. Appropriation efforts introduction 9 must also be considered in light of the social systems in which informal economic activity occurs, with knowledge flows characterized by trust, reputation, reliability, social and cultural signaling, and a willingness to pool resources and collaborate. Second, however, constant copying and the absence of appropriation mechanisms may constitute a barrier to scaling up innovative activity in the informal economy. Entrepreneurs are unable to grow their businesses beyond a certain stage, as they lack control over their innovations. As the authors conclude, the crucial policy question is not whether appropriation methods are relevant in the informal economy, but rather which mechanisms (formal and/or informal) may be most appropriate or promising in the specific case and sector under consideration. This chapter is complemented by three comments: Emmanuel Sackey, Chief Examiner of the African Regional Intellectual Property Organization; Dick Kawooya of the University of South Carolina; and Shamnad Basheer of Nirma University, India, and SpicyIP. Sackey corroborates the picture of low awareness and uptake of IP among informal innovators. To some extent, he argues, this is the case with micro, small and medium enterprises in general, especially in Africa. While there may be some differences between formal and informal small businesses in terms of attitudes toward and awareness of IP, the evidence remains insufficient. He highlights the need for IP offices in developing countries that are more proactive and understanding of the informal economy, and also notes a connection with traditional knowledge and indigenous knowledge, where the IP system has similar shortcomings. Kawooya raises important questions concerning the sustainability and scalability of informal enterprises, and the possibilities offered by vertical integration and linkages with the formal sector. He highlights the role of intermediaries as key drivers of collaboration between formal and informal enterprises, opening opportunities for knowledge transfer and innovation. In the final comment to this chapter, Basheer encourages a creative exploration of newer models of incentivizing innovation in the informal economy. He provides examples from India of alternative ways in which regulation and policy can manage issues of knowledge appropriation, especially in relation to traditional knowledge. He also cautions against “formalizing” the informal economy, indicating that the informal economy may have important lessons for the formal economy on a variety of fronts. 10 e r i k a kr a e m e r - m b u l a a n d sa c h a w u n s c h- v i n c en t Chapter 7 by Erika Kraemer-Mbula and Almamy Konté explores whether current policy approaches to the informal economy aim to foster innovation and whether current approaches to innovation policy take into consideration the informal economy. The authors explore concrete alternatives to improve the distributional impact of innovation policies, particularly as regards to informal economic actors. They highlight problems in ensuring policy coherence when dealing with informality in developing countries, in that economic development resources are concentrated at the national level while regulatory and management responsibility for the informal economy rests with local government. Traditionally, the declared policy objective has typically been to suppress, regulate or formalize the informal economy. However, experts and policy makers are starting to see the need for a more coordinated and structured approach to the informal economy. This shift in policy thinking has been gradual, with a small number of countries developing more inclusive and integrated policies recently. Nevertheless, systemic interventions remain rare, and the nature of intervention models at the national level is often inadequately suited to local needs on the ground, with coordination between national and local levels often misaligned. On the basis of empirical evidence from the three country studies, the authors identify a range of policy interventions with the potential to positively affect innovation in the informal economy. This analysis leads them to explore an integrated framework for innovation policy that serves transformational change – a systemic policy approach that recognizes the importance of inclusion, demand-led innovation and learning processes including policy learning. They argue that an integrated framework for innovation policy must respond to the reality of developing countries, focusing on the capacity of policy frameworks to deliver in terms of institutional forms and target all economic and social actors including those operating informally. The chapter is complemented by comments from Judith Sutz of the University of the Republic in Uruguay and Anneline Morgan, Senior Technical Advisor on Science, Technology and Innovation at the Southern African Development Community (SADC) Secretariat. Sutz emphasizes the universality of some of the conclusions of the chapter, providing interesting examples from Latin America, in particular Uruguay. She highlights the important role of intermediaries in channeling collective action by informal actors and stresses the importance of unlocking the great potential that universities have to contribute to social developmental needs, including the needs of informal workers. introduction 11 Morgan grounds the chapter in the reality of Southern Africa. She makes a compelling call to develop policy processes and frameworks that provide room for the voices of diverse communities, including the informal sector. In the context of regional integration, she argues that the policy environment in SADC ought to facilitate interactions, partnerships and dialogue between and among public and private sectors and actors in the informal economy. Chapter 8 by Jacques Charmes, Fred Gault and Sacha WunschVincent builds on the preceding chapters to shape an agenda for the measurement of innovation in the informal economy. The first part of the chapter discusses innovation measurement approaches applied to the formal sector: What can be learned from them, and can the definitions and methods be transposed to the informal sector? The second part reviews measurement efforts targeted at the informal sector to date. It also explores the integration of efforts to measure innovation in the formal sector with studies of the informal sector. Methodological considerations relating to sampling and general survey deployment are discussed. Finally, the authors assess the possibility of conducting semistructured interviews and more ad hoc surveys in informal sectors or clusters in specific countries. In the coming years, many new efforts to collect data in developing countries, such as the third edition of the African Innovation Outlook, will widen the scope of reporting and analysis in its plans to include coverage of innovations in the informal sector. The suggestions in this chapter are intended to lay important groundwork for future empirical work, to help develop appropriate indicators and support new approaches to innovation policy in developing countries. The authors make pragmatic suggestions, noting potential opportunities and challenges. They conclude that there are two viable ways to improve measurement of informal sector innovation in developing countries: (i) adding a few innovation questions to existing large-scale surveys of the informal economy and/or (ii) conducting ad hoc questionnaire- and interview-based sectoral studies in selected countries, as done in the country case studies presented in Chapters 3–5. Chapter 8 is followed by a comment from Philippe Mawoko, Director of the African Observatory for Science, Technology and Innovation (AOSTI). Makowo points out that policy makers are giving innovation a central role in attempts to tackle present and future challenges, manifest among others in the newly adopted Science, Technology and Innovation Strategy for Africa (STISA-2024). While noticeable efforts are being 12 er i k a kr a e m e r - m b u l a a n d s a c ha wun s c h -vi nc e n t devoted to measuring and tracking innovation among formal enterprises, there is still an important gap in measuring innovation in the informal economy. In this regard, he believes that the analysis in this book, and in Chapter 8 in particular, should prove useful in AOSTI’s program of work. More generally, this book should be of value to scholars, statisticians and policy makers. In providing both empirical evidence and reflections on concepts, methodology and policy, it paves the way for much future work. References Daniels, S. 2010. Making Do: Innovation in Kenya’s Informal Economy. New York, Analogue Digital Publishing. Gault, F. 2010. “Innovation and development,” in Gault, F. (ed.) Innovation Strategies for a Global Economy. Cheltenham, Edward Elgar Publishing, pp. 133–64. Kraemer-Mbula, E. and Wamae, W. 2010. “Adapting the innovation systems framework to sub-Saharan Africa,” in Kraemer-Mbula, E. and Wamae, W. (eds.) Innovation and the Development Agenda. Paris, OECD Publishing, pp. 65–90. Muchie, M., Bhaduri, S., Baskaran, A. and Sheikh, F.A. 2015. Informal Sector Innovations: Insights from the Global South. Oxford, Routledge. Srinivas, S. and Sutz, J. 2008. “Developing countries and innovation: searching for a new analytical approach,” Technology in Society 30: 129–40. 1 The Informal Economy Definitions, Size, Contribution and Main Characteristics jacques charmes Introduction The informal economy has prompted many zoological metaphors. Hans Singer, one of the fathers of the concept in the early 1970s, compared it to a giraffe: difficult to define by usual standards but easy to recognize when you meet one (reported by Lubell 1991). It is not a giraffe, but a unicorn, replied Bruno Lautier (1990): the literature abounds with definitions, but you will never actually encounter it, because it does not exist. The giraffe is sometimes reappropriated and changed into an elephant (Mead and Morrisson 1996), a metaphor that would seem to imply that as well as being difficult to define but easy to recognize, the informal economy is “too big to fail” – or at least too big for the State to ignore or remove through simple policy measures. One could also compare it to a chameleon, for its ability to become invisible when the State or the law is too restrictive or inappropriate. And Serge Latouche (1989) used to say that informal sector operators are “ingenious but not engineers, enterprising but not entrepreneurs, industrious but not industrialists,” meaning that their contribution cannot be captured adequately through the usual standards and norms. All this highlights the permanent difficulty of reaching agreement on a common definition that would satisfy all users of the concept. Unfortunately, and despite many efforts toward an international definition, there are still many different approaches to understanding the phenomenon – albeit not quite as many as there are authors, as was the case in the 1970s and 1980s. International definitions of employment in the informal sector and informal employment were adopted in 1993 and 2003 by the International Conference of Labour Statisticians (ICLS) under the auspices of the International Labour Organization (ILO) and inserted into the System of National Accounts (SNA) in its fourth and 13 14 j acq ues c h ar m es then fifth revisions, in 1993 and 2008, respectively. But the concepts of underground, black, gray, parallel, non-observed economy remain as complementary or alternative, though different, ways of approaching the phenomenon (Schneider and Enste 2000; OECD 2002; Schneider, Buehn and Montenegro 2010), while some authors continue to assimilate, confound or restrict informality to self-employment. An anecdote may indicate the importance of these variations in understanding the concept. In 1987, during the Fourteenth ICLS, a preliminary discussion took place about measuring employment in the informal sector. Many contributors spoke of “moonlighting,” a term widely used to characterize the underground economy, but the representative of Kenya – where the concept of informal sector was coined at the beginning of the 1970s – took to the floor to declare that in his country, the informal sector was comprised not of people operating by moonlight but rather those working in the open sun; indeed, in Kenya the term jua kali, which means in Swahili “under the burning sun,” is used to describe informal workers (see Box 1.1). The Fifteenth ICLS resolution, adopted in 1993, duly noted that “activities performed by production units of the informal sector are not necessarily performed with the deliberate intention of evading the payment of taxes or social security contributions, or infringing labor or other legislations or administrative provisions. Accordingly, the concept of informal sector activities should be box 1.1 jua kali: origins of a local concept for designating the informal sector Kenneth King, who has been studying the informal sector in Kenya since the early 1970s, notes how the way locals describe it has changed: Jua kali in Swahili means “hot sun.” But over the course of the 1980s, and perhaps a little earlier, it came to be used of the informal sector artisans, such as car mechanics and metalworkers, who were particularly noticeable for working under the hot sun because of the absence of premises. People began to talk of taking their car to jua kali mechanics. Gradually the term was extended to refer to anyone in self-employment, whether in the open air or in permanent premises. On 28 May 1988, The Standard reported that the Minister of Technical Training and Applied Technology wished to encourage the use of the term jua kali rather than informal sector, and had therefore announced that the small-scale industry which had come to be known as the informal sector would henceforth assume the name Jua Kali Development Programme. Source: King (1996). informal economy 15 distinguished from the concept of activities of the hidden or underground economy.” I begin the discussion in this chapter with a brief reminder of the concepts of informal sector, informal employment and informal economy and related ways of measuring them. I then present an assessment of trends in the size of the informal economy and its contribution to GDP. Following that, I attempt to assess the social importance of the informal economy and its potential role in innovation. Finally, I conclude by stressing the variety of activities in the informal sector. Conceptualizing and Measuring the Informal Economy Conceptualization and Definitions The concept of “informality” was born in 1971, quasi-simultaneously at the two extremes of the African continent: in Ghana with the notion of “informal income opportunities” proposed by Keith Hart in 1971 (see Hart, 1973) and in Kenya with the multi-criteria definition of the informal sector in the ILO report of the World Employment Programme (see Box 1.2). Hart’s concept focused on the individual, and inspired many sociological and anthropological studies in Africa and elsewhere (Bromley and Gerry 1979); in Latin America, in particular, it influenced the regular labor force surveys that started measuring the so-called marginalization of workers on the basis of a level of earnings under the minimum wage and in connection with poverty: the concept of “working poor” was preferred to the concept of “informal workers.” The ILO definition focused on the establishment or enterprise and underpinned many studies and surveys by the ILO in Africa (Nihan and Jourdain 1978; Nihan, Demol and Jondoh 1979; Maldonado 1987) through its Jobs and Skills Programme for Africa (JASPA), in Latin America (Tokman 1987) through its Regional Programme on Employment for Latin America and the Caribbean (PREALC) and in Asia generally at the capital-city level. Both the individual-based and the enterprise-based approaches saw the State as the central cause of informal economic activity, either because the emerging capitalism supported by newly independent States had an intrinsic need for such a labor reserve/surplus (Lebrun and Gerry 1975; Gerry 1979) or because private initiative was stymied 16 j acq ues c h ar me s box 1.2 the multi-criteria definition of the ilo report The ILO report on Kenya is one of several reports of the World Employment Programme conducted by the ILO in the 1970s. The Kenya mission was headed by Hans Singer, with Richard Jolly, Dharam Ghai and John Weeks from the Institute of Development Studies and Ajit Bhalla and Louis Emmerij from the ILO among the most well-known participants. The authors note that their thinking has been “greatly influenced and helped by a number of sociologists, economists and other social scientists in the Institute of Development Studies at the University of Nairobi” and add: “One begins to sense that a new school of analysis may be emerging, drawing on work in East and West Africa and using the formal–informal distinction to gain insights into a wide variety of situations” (p. 6, footnote 1). The definition is given in the introduction to the report (p. 6): Informal activities are the way of doing things, characterized by – (a) ease of entry; (b) reliance on indigenous resources; (c) family ownership of enterprises; (d) small scale of operation; (e) labor-intensive and adapted technology; (f) skills acquired outside the formal school system; and (g) unregulated and competitive markets . . . The characteristics of formal sector activities are the obverse of these, namely – (a) difficult entry; (b) frequent reliance on overseas resources; (c) corporate ownership; (d) large scale of operation; (e) capital-intensive and often imported technology; (f) formally acquired skills, often expatriate; and (g) protected markets (through tariffs, quotas and trade licenses). Source: ILO (1972) and diverted by State-created barriers. The first view of the State’s role was inspired by the Marxist theory of the labor reserve/surplus (Hart mentions “the reserve army of underemployed and unemployed,” as do Lebrun and Gerry) and focused on the lower tier of the working poor, whereas the second view focused on the upper tier, “the modern informal sector,” as Georges Nihan – not afraid of a contradiction in terms – put it. This was the most visible part of the informal sector, in fixed i n f o r mal eco n o my 17 establishments, and also the most likely to develop, grow and modernize, a conception and theory that culminated in Hernando de Soto’s observation (1986) that it could take several years in Peru for a start-up to become compliant with the law, whereas a few days, if not less, would suffice in the United States. There have been many two-tier conceptions of the informal sector. Gary Fields (1990) identified “voluntary participation in upper-tier informal activities but not easy entry ones” opposed to the constrained lower tier, echoing the evolving micro-enterprise sub-sector opposed to the survivalist “involutive” sub-sector of Philippe Hugon (1980), not to mention the intermediate or “missing middle” sector coined by John Page and William Steel (1986). These conceptions have remained a strong feature of the World Bank’s research on the sector up to recent work by Perry et al. (2007), which revisits Albert Hirschman’s Exit, Voice and Loyalty (1970) and applies it to informal sector operators, distinguishing informality driven by exclusion from informality driven by voluntary exit. Such conceptions of a dichotomy within the informal sector ultimately pave the way for the dissolution of the more basic dichotomy between formal and informal in favor of a continuous spectrum of economic activity, a view expressed by Guha-Khasnobis, Kanbur and Ostrom (2006) in the introduction to their book. Activities should not be regarded as illegal just because they do not comply with official regulations. As noted by Charmes (1990), the State’s inability to make operators follow the laws it enacts is more a matter of inadequacy, powerlessness and even unwillingness to forgo jobs spontaneously created in a context of high unemployment and underemployment. The 1993 ICLS resolution (ILO 1993b) recognizes that informal activities “are not necessarily performed with the deliberate intention of evading the payment of taxes or social security contributions, or infringing labor or other legislations or administrative provisions.” This implies that non-registration – of the individual in labor or social security registers or of the enterprise in fiscal or commercial registers – is a basic criterion for the definition of informality. Statistical Definitions and Methods of Data Collection It is not necessary to recall in detail here the international definitions that are applied – with national variations and adaptations – in statistical surveys. A brief reminder will suffice. A two-pronged definition is used. 18 j acq ues c h ar m es An establishment-based definition of the informal sector was adopted in 1993 following the approach in the ILO’s report on Kenya (1972) and subsequent research on the “modern” informal sector of microenterprises in sub-Saharan Africa. This was complemented a decade later by a job-based definition of informal employment, returning to the original idea of Hart (1973) but based on a rapid increase in the externalization of labor and the development of outworkers, home-based workers and precarious jobs correlative with globalization. The two definitions overlap in some respects, and some further explanation is required regarding their scope in the labor force and among the institutional sectors of the SNA. The informal sector was defined by the Fifteenth ICLS (ILO 1993a, 1993b) as comprising enterprises of own-account workers and enterprises of informal employers (a dichotomization that may remind one of the two tiers or sub-sectors identified by analysts). The definition refers to the characteristics of the economic units in which people work: criteria include legal status (individual unincorporated enterprises of the household sector), non-registration of the economic unit or of its employees, a small number of workers (either of workers engaged or paid employees) and at least some production for the market. The conference recommended household, establishment and mixed (household/establishment) surveys as means of capturing the informal sector; in the mixed-survey approach, all economic units operated by a household member are enumerated in the sampled households and then surveyed in a second stage through an establishment questionnaire. Later, in 1997, the Delhi Group on informal sector statistics was set up by the UN Statistical Commission in order to improve and develop the definition of the sector and collection of data about it. Since then the group has met regularly, and one of its main outcomes has been the ILO manual Measuring Informality: A Statistical Manual on the Informal Sector and Informal Employment, published in 2013. The Seventeenth ICLS (ILO 2003) adopted guidelines defining informal employment as comprising all informal jobs carried out in informal enterprises, households or formal enterprises. Under those guidelines: Employees are considered to have informal jobs if their employment relationship is, in law or in practice, not subject to national labor legislation, income taxation, social protection or entitlement to certain employment benefits (advance notice of dismissal, severance pay, paid annual or sick leave, etc.). The reasons may be the following: non-declaration of the i n f o r mal eco n o m y 19 jobs or the employees; casual jobs or jobs of a limited short duration; jobs with hours of work or wages below a specified threshold (e.g. for social security contributions); employment by unincorporated enterprises or by persons in households; jobs where the employee’s place of work is outside the premises of the employer’s enterprise (e.g. outworkers without employment contract); or jobs for which labour regulations are not applied, not enforced, or not complied with for any other reason. Informal employment is thus usually defined, for employees, by the absence of social protection or non-payment of social contributions (mainly health coverage), or the absence of employment benefits. Individuals who benefit from social protection through the contribution of another member of the family do not themselves thereby amount to formal employees; consequently, the definition should relate to the payment of social contributions by the worker concerned rather than their entitlement to social benefits. This new extended definition of informality is interesting in that it meets a practice common in various parts of the developing world (in Latin America and some Asian countries) where labor force surveys are often used to collect data on social protection coverage. As a consequence, the absence of social protection has become the main criterion determining informal employment, in preference to the absence of a written contract (which applies to paid employees only), and questions about social protection, especially health protection, have been rapidly adopted in countries where household surveys are less regular or did not include such questions. Nevertheless, practices continue to be diverse across regions and countries; the ideal consists of data collection through labor force surveys or other household surveys capturing both informal employment and informal sector employment, but this remains rare. Crucially, any satisfactory definition needs to distinguish between the informal sector and the informal economy. In this chapter the informal sector is regarded as a component of the informal economy: employment in the informal economy comprises everyone (whatever their employment status) working in informal enterprises plus everyone working informally in other sectors of the economy, that is, formal enterprises, households with paid employees (domestic workers) or own-account workers producing goods (primary goods or manufactured goods) for the household’s own final use. This definition diverges slightly from the ILO compilations (ILO 2011) in that, although it refers to the informal economy, it does not add up the two components of informal sector 20 j acq ues ch ar mes employment and informal employment outside the informal sector and does not propose an indicator for employment in the informal economy. Employment in the informal economy, as defined in this chapter, is broader than the concept of informal sector employment. Note, however, that in analyzing innovation and intellectual property specifically, it is the definition of the informal sector and its economic units (including subcontracted micro-enterprises and outworkers) that should be kept in mind rather than the broader concept of the informal economy, as it is in the informal sector that innovation processes take place, not among unprotected workers in formal enterprises. Measuring the contribution of the informal sector and informal employment to GDP also requires an understanding of where these activities and jobs are positioned in the various institutional sectors of the SNA. The informal sector is a sub-sector of the household institutional sector; it is only part of it (and not necessarily the most important part), and does not belong to any of the other institutional sectors. Informal employment, on the other hand, cuts across all institutional sectors, including the government sector, and cannot be defined according to the fundamental economic units of the SNA. Regarding methods of data collection, and further to the recommendations of the Fifteenth ICLS in 1993, mixed (household/establishment) surveys have tended to prevail since the 1990s.1 In this type of survey, households are selected at random and then all or a sample of the establishments operated by members of those households, from homebased own-account workers to micro and small entrepreneurs, is interviewed through an establishment questionnaire. However in emerging economies where the micro, small and medium enterprises segment is growing rapidly, direct sampling of establishments is preferred, combined with a household survey to capture home-based and mobile activities, provided that the density of establishments is known at the country level from a recent establishment or economic census. In fact, such economic censuses – which prevailed prior to the implementation of mixed surveys – have continued to be carried out on a regular basis in many countries because they are more likely to provide the detailed information required by national accounts, even though they do not cover the entire universe of informal activities as they miss home-based and mobile activities. 1 See Chapter 8 for a fuller discussion of types of surveys. i n f o r mal eco n o my 21 Trends in Size and Contribution of the Informal Economy Trends in Employment in the Informal Economy Although criteria for measuring the informal sector and informal employment have been introduced into national surveys, policy makers have sometimes been reluctant to use these terms: as already mentioned, Kenya prefers to refer to jua kali, and Tunisia has designed policies addressing crafts and small businesses. However, indicators of informality have been compiled year after year, their size and significance depending on each country’s social structures, national and local economic policies and its government’s willingness to enforce fiscal or labor legislation. Today estimates of informal employment and informal sector employment exist in many countries, sometimes covering long periods. But systematic and comprehensive worldwide comparisons remain difficult for at least two reasons. First, harmonization of concepts at international level remains elusive. Second – and above all – the relationship between the two concepts of informal sector and informal employment is problematic. They are not mutually exclusive and so cannot just be added together, but neither does informal employment include the informal sector in its totality. This is why statistics on informal employment and informal sector employment are generally presented separately. Statistics on employment in the informal economy comprise employment in the informal sector and informal employment outside the informal sector (i.e. unprotected workers in the formal sector and domestic workers in households, not to mention people working in the production of goods for households’ own final use). Despite such difficulties, macroeconomic estimates of the informal economy as a share of labor force or production (GDP) have long been produced by economists and statisticians and have been used for policy purposes. Many estimates at the national level since the late 1970s exist, but it was in 1990 that I presented a first tentative international comparison, in the OECD publication The Informal Sector Revisited (Turnham, Salomé and Schwartz 1990). This first work was updated in 2002 for Women and Men in the Informal Economy (ILO 2002b), prepared for consideration by the Nineteenth International Labour Conference (ILC), and in 2008 for the OECD publication Is Informal Normal? (Jütting and de Laiglesia 2009). The tables presented in this chapter were prepared for the 2014 edition of the ILO-WIEGO publication, and updated since then. 22 j acq ues c h ar m es Table 1.1 Employment in the informal economy as a percentage of non-agricultural employment by five-year periods in various regions and sub-regions Regions Northern Africa Sub-Saharan Africa Western Africa Central Africa Eastern Africa Southern Africa Latin America Southern and South-Eastern Asia Western Asia Transition countries 1975– 1979 1980– 1984 1985– 1989 1990– 1994 1995– 1999 2000– 2004 2005– 2010 67.3 34.1 72.5 76.0 47.5 86.9 47.3 63.3 53.0 70.0 39.6 83.0 52.9 52.5 65.2 54.2 69.9 55.9 43.2 20.7 75.6 80.5 65.4 62.7 57.7 69.7 22.6 Source: Charmes (2012), updated with new countries. Note: Figures in italics are based on too few countries to be representative. Table 1.1 attempts to assess employment trends in the informal economy by five-year periods over the past four decades. The interpretation of this table requires three preliminary remarks. First, the indicator is based on non-agricultural employment while the definitions of the informal sector, informal employment and the informal economy include agricultural activities. There are two reasons why an indicator based on non-agricultural employment has been preferred. In countries where agriculture is predominant and occupies the bulk of the labor force (most sub-Saharan African countries and South and East Asian countries, for example), the share of employment in the informal economy including agriculture is above 90 percent, and changes over time may not be visible because of the volume of the labor force. Furthermore, the importance of change may remain hidden by the dramatic flows of rural–urban migrations. An indicator based on nonagricultural employment makes these changes more visible: its greater variability makes it a better tracker of change. i n f o r mal eco n o m y 23 Importantly in the context of this book, the informal economy covers a wide range of different activities in different industrial sectors, ranging from street vendors to informal garment businesses, home-based microfirms, to manufacturing entities belonging to the craft industries as well as modern types of manufacturing and service activities (such as metalworking or mechanical repairs). The informal goods sub-sector encompasses the production of tangible goods, including agricultural production and the processing of agricultural and food products, mining and quarrying, small-scale manufacturing (woodwork, furniture making, garment making, welding and iron works, among others), building and construction, while the informal service sub-sector includes transportation and storage, wholesale and retail trade, accommodation and food service activities, motor vehicle repairs and maintenance, informal education services, health services and counseling services. Informal health services include traditional birth attendants, herbalists and other traditional medical practitioners, especially in rural areas. Second, the table is based on estimates prepared according to various procedures that have changed over time depending on the availability of sources and data and is therefore far from being homogeneous in definitions and methods of compilation. Sources for the table are given in detail in Charmes (2009). From the middle of the 1970s to the end of the 1980s/early 1990s, the figures for the first three five-year periods (in Northern Africa, sub-Saharan Africa and Asia) mainly result from applying the residual method, which consists of comparing total employment in population censuses or labor force surveys and registered employment in economic or establishment censuses or administrative records; censuses of establishments – where they exist – make it possible to identify the informal sector, on the one hand, and informal employment outside the informal sector, on the other hand. From the beginning of the 1990s, the results come mainly from the first mixed (household/establishment) surveys and focus on the informal sector, while in the 2000s labor force surveys become the main source of data and provide data on informal employment and employment in the informal economy at large. Third, another limitation comes from the fact that the set of countries for which estimates are available varies from one period to another. Consequently, the average may be non-significant unless at least a small number of countries are present over all periods. Despite these limitations, several observations and conclusions can be drawn. 24 j acq ues c h ar me s Table 1.2 Employment in the informal economy as a percentage of total non-agricultural employment by five-year periods in Northern Africa Regions/ countries/ years Northern Africa Algeria Morocco Tunisia Egypt 1975– 1979 1980– 1984 39.6 21.8 38.4 58.7 56.9 35.0 1985– 1989 1995– 1999 2000– 2004 2005– 2009 2010– 2014 34.1 47.5 47.3 53.0 50.2 25.6 42.7 44.8 47.1 55.2 41.3 67.1 35.0 45.9 45.6 78.5 36.8 51.2 40.7 70.1 40.2 49.6 39.3 37.3 1990– 1994 Source: Charmes (2012), updated with new countries. Note: Non-weighted averages. Figure in italics refers to informal sector employment only. In all regions, the informal economy is on the rise, except in subSaharan Africa where it already peaked in the second half of the 1990s. Northern Africa (Table 1.2), which is the region where estimates are the most numerous over the four decades, can be taken as an illustration of the countercyclical behavior of employment in the informal economy: it increases when the rate of economic growth is decelerating and contracts when the rate of growth increases. Tunisia is a good example: starting from a relatively high level (38.4 percent of total nonagricultural employment), employment in the informal economy drops (down to 35 percent) in the middle of the 1980s, at which point the implementation of structural adjustment programs induces its rapid growth until the end of the 1980s (39.3 percent) and even the end of the 1990s (47.1 percent). Then the informal economy drops dramatically (35 percent) in the middle of the 2000s with the rapid growth of the Tunisian economy, and it starts growing again until the end of the 2000s (36.8 percent), and even more after the 2011 uprising. In Algeria, emerging from an administered and centralized economy, the informal economy grew continuously from 21.8 percent in the middle of the 1970s up to 45.6 percent at the end of the 2000s, with a small and short decrease (41.3 percent) at the beginning of the 2000s and a possibly more lasting decrease since 2011. Morocco is characterized by a continuous increase in the informal economy from 56.9 percent at the beginning of the 1980s i n f o r mal eco n o m y 25 up to 78.5 percent at the end of the 2000s, then initiating a decrease, while Egypt has also experienced countercyclical behavior in the growth of its informal economy since the end of the 1990s. Looking at the average for the region, the most recent period is characterized by a considerable increase in employment in the informal economy, growing from 47.3 percent at the beginning of the 2000s up to 53.0 percent at the end of the decade. Table 1.3 groups sub-Saharan African countries by decades in order to allow more observations for each period; there are eighteen countries for the 2000s, eight for the 1990s and seven for the 1980s. Of the eighteen countries for which data relating to the 2000s are available, only six provide estimates for previous periods, making it difficult to assess the trend for the region. Figures for the region suggest a continuously growing informal economy – from more than 60 percent in the 1970s and more than 70 percent in the mid-1980s to more than 80 percent in the 1990s – until the 2000s, which seem to be characterized by a decrease; but if we compare the ten countries for which data are available in the 1990s (including Tanzania and South Africa with data at the very beginning of the 2000s) with the eighteen countries with data for the most recent period, then the rate of employment in the informal economy drops fractionally from 72.2 to 71.7 percent between the two periods, a sign of relative stability. It may be, then, that the informal economy in sub-Saharan Africa has begun to stabilize or even reduce. This would be consistent with economic growth. According to the IMF, the economic growth rate in subSaharan Africa for the period 2000–2009 averaged 4.6 percent per year, substantially higher than for the previous periods (2.1 percent during the 1980s and 2.2 percent during the 1990s) and also clearly higher than both the population growth rate (2.5 percent) and the world economic growth rate (2.6 percent) (IMF 2010). In the most recent five-year period, employment in the informal economy ranges from 32.7 percent in South Africa (a country with a large base of wageworkers) to 96.3 percent in Benin and 90.5 percent in Burkina Faso. Generally, the share of employment in the informal economy seems higher in Central and Western Africa than in Southern and Eastern Africa (Table 1.1). In Latin America (Table 1.4), employment in the informal economy seems on the rise, increasing from 54.2 percent at the end of the 1990s up to 57.7 percent at the end of the 2000s, though this trend could be decelerating in the last period: all countries for which an estimate is available for the first half of the 2000s have seen their employment in the informal economy 26 j acq ues ch ar m es Table 1.3 Employment in the informal economy as a percentage of total non-agricultural employment by decade in sub-Saharan Africa Regions/countries/years 1975–1979 1980–1989 1990–1999 2000–2010 Sub-Saharan Africa Benin Burkina Faso Cameroon Chad Cote d’Ivoire Democratic Republic of Congo (ex Zaire) Ghana Guinea Kenya Lesotho Liberia Madagascar Mali Mauritania Mozambique Namibia Niger Senegal South Africa Tanzania Uganda Zambia Zimbabwe 63.0 70.0 81.2 92.9 77.0 70.0 96.3 90.5 84.0 70.0 95.2 69.7 77.0 59.6 65.3 63.1 64.4 61.4 86.7 71.6 78.6 80.0 94.1 73.5 76.8 70.7 56.4 73.7 82.7 87.2 43.8 62.9 76.0 58.3 32.7 46.0 73.5 76.3 51.6 Source: Charmes (2012), updated with new countries. Note: Non-weighted averages. Figures in italics refer to informal sector employment only. decrease in the second half except Mexico and Peru. The share of informal employment within non-agricultural employment ranges from 42.2 percent in Brazil and 42.8 percent in Uruguay to 71.3 percent in Peru, 75.1 percent in Bolivia and 75.2 percent in Honduras. In Southern and South-Eastern Asia (Table 1.5), employment in the informal economy has stabilized at around 70 percent of non-agricultural employment, if the average excludes Mongolia (a country that could be i n f or mal e co no my 27 Table 1.4 Employment in the informal economy as a percentage of total non-agricultural employment by five-year periods in Latin America Regions/countries/ years Latin America Argentina Bolivia Brazil Chile Colombia Costa Rica Dominican Republic Ecuador El Salvador Guatemala Haiti Honduras Mexico Nicaragua Panama Paraguay Peru Uruguay Venezuela 1990–1994 1995–1999 2000–2004 2005–2010 52.5 47.5 56.9 60.0 54.2 53.3 63.5 60.0 35.8 38.4 44.3 47.6 53.5 56.6 55.9 60.8 57.7 50.0 75.1 42.2 51.1 74.9 61.4 48.2 48.8 53.5 68.2 56.1 55.5 92.6 58.2 59.4 37.6 65.5 38.8 46.9 50.1 49.4 67.9 43.4 49.4 75.2 54.3 69.4 44.0 70.7 71.3 42.8 48.1 Source: Charmes (2012), updated. Note: Non-weighted averages. more appropriately classified among the transition economies). Shares range from 41.1 percent in Thailand to 84.2 percent in India and 86.4 percent in Nepal. Countries of Western Asia can be classified with Northern Africa in the Middle East and North Africa (MENA) region as they present many similar characteristics, in particular low female activity rates. They have an average share of employment in the informal economy of around 40–50 percent (43.2 percent in 2000–2004). Lastly, transition countries (Table 1.6) are making their way out of their former administered/centralized wage economies and see their share of employment in the informal economy (still often measured through the concept of informal sector, as in Russia and Ukraine) 28 j acq ues c h ar mes Table 1.5 Employment in the informal economy as a percentage of total non-agricultural employment by five-year periods in Asia Regions/ countries/years 1985– 1989 1990– 1994 1995– 1999 Southern and South-Eastern Asia Bangladesh India Indonesia Mongolia Nepal Pakistan Philippines Sri Lanka Thailand Timor Leste Vietnam Western Asia Iran Lebanon Palestine Syria Turkey Yemen 52.9 65.2 69.9 76.2 39.2 73.7 83.4 77.9 39.0 57.4 70.5 64.6 72.0 51.4 51.5 43.5 41.7 57.1 42.9 30.9 2000– 2004 2005– 2010 69.7* 76.9 84.2 70.0 43.2 48.8 51.8 43.4 30.7 33.2 51.1 26.3 86.4 73.0 73.3 62.1 41.1 62.0 68.5 57.0 31.4 30.1 Sources: Charmes (2012), updated. Notes: In bold: Non-weighted regional averages. Figures in bold and in italics are averages based on a small set of countries. Figures in italics refer to informal sector (and not to employment in the informal economy). * Excluding Mongolia. increasing little by little, from 20.7 percent at the beginning of the 2000s to 22.6 percent at the end of the decade, with maxima in Kyrgyzstan (59.2 for the informal sector) and Azerbaijan (45.8 percent), and minima in Ukraine and Russia (9.4 and 12.1 percent, respectively, for the informal sector). Apart from the transition countries, where it is starting from a low base, employment in the informal economy represents more than 50 percent of total non-agricultural employment in all developing regions. i n f o r mal eco n o my 29 Table 1.6 Employment in the informal economy as a percentage of total non-agricultural employment by five-year periods in transition countries Regions/ countries/years Transition countries Armenia Azerbaijan Kyrgyzstan Macedonia Moldova Romania Russia Serbia Slovakia Ukraine 1995–1999 5.4 2000–2004 2005–2010 20.7** 22.6** 44.4 19.8 45.8 59.2 12.6 15.9 21.5 22.0 8.6 4.7 7.0 12.1 6.1 5.9 9.4 Sources: Charmes (2012), updated. Notes: Non-weighted regional averages. In italics: Statistics on employment in the informal sector. ** Excluding Slovakia. With declining or stabilized trends in sub-Saharan Africa, stabilized trends in Asia and rather slow increases elsewhere, it seems that there is a kind of convergence between the various regions at world level. Clearly, however, not all actors in the informal economy are concerned with innovation and intellectual property. It is mainly informal sector operators and their workers that are involved in such processes and concerns, while precarious informal wageworkers in the formal sector and domestic workers within households are unlikely to be vectors of any innovation: sub-contracted micro-enterprises, own-account outworkers and home-based workers are captured as economic units in the mixed and establishment surveys aimed at covering the informal economy, and as such, they are clearly part of the informal sector as defined in 1993. Table 1.7 summarizes some of the main characteristics of employment in the informal economy. Employment in the informal sector accounts for more than 80 percent of total employment in the informal economy in sub-Saharan Africa and Table 1.7 Main components and characteristics of non-agricultural employment in the informal economy by region in 2005–2010 Regions/countries Informal sector as a percentage of employment in the informal economy Percentage of informal workers outside informal sector Percentage of Percentage of self-employed in women in the the informal informal economy economy Percentage of employment in industries in the informal sector Middle East–North Africa Sub-Saharan Africa Asia Latin America Transition countries 58.7 80.4 79.4 64.6 50.5 41.3 19.6 20.6 35.4 49.5 16.4 51.1 35.8 46.5 33.2 41.4 24.2 41.7 26.8 18.0 Source: Charmes (2011). 39.9 64.9 53.3 52.1 32.7 informal economy 31 a little bit less in Asia, which means that in these two regions informal employment outside the informal sector absorbs only 20 percent of the workers in the informal economy, against nearly 50 percent in transition economies, 41 percent in MENA and 35 percent in Latin America. Contrary to popular belief, it is only in sub-Saharan Africa that women outweigh men in the informal economy, as 51.1 percent of workers; in other regions they are less likely than men to work in the informal economy (from 46.5 percent in Latin America to 35.8 percent in Asia, 33.2 percent in transition economies and down to 16.4 percent in MENA). However, female employment in the informal economy continues to be widely underestimated, especially because their secondary activities in processing agricultural and food products in rural areas are not well captured. Self-employment (mainly own-account workers and unpaid family workers) represents between a third (transition economies followed by MENA), half (Latin America and Asia) and two-thirds (sub-Saharan Africa) of employment in the informal economy, and consequently even more in the informal sector. Lastly, industries account for less than a quarter of total employment in the informal sector in transition countries, sub-Saharan Africa and Latin America, but more than 40 percent in the MENA countries and Asia. Conversely, services (even without trade) are the major component of the informal sector in transition countries, sub-Saharan Africa and Latin America. Contribution of the Informal Economy to GDP As explained above, the informal sector can be clearly identified as a sub-sector of the unincorporated enterprises within the household institutional sector in the SNA, and its contribution to the GDP can be measured relatively easily. This does not hold true for informal employment outside the informal sector, which cuts across all institutional sectors of the SNA and is comprised of (1) informal workers of the formal sector, (2) domestic workers and (3) subsistence producers in the primary and secondary sectors. Whereas paid domestic services and subsistence production for own final use are also components of the household sector and can be identified in the SNA, informal employment in the formal sector is never identified in the SNA. Countries that prepare labor input matrices may estimate this component of total labor inputs, but they rarely indicate its contribution to GDP (India is an exception: Kolli and Sinharay 2011a, 2011b). 32 j acq ues c h ar m es Indeed, in the fourth (SNA 1993) and fifth (SNA 2008, which dedicates an entire chapter to the informal aspects of the economy: chapter 25) revisions of the SNA, the informal sector was defined as a sub-sector of the household institutional sector. As such, its contribution to GDP can be measured. Informal employment in the formal sector, on the contrary, is a hidden or non-observed part of the economic units constituting the other institutional sectors of the SNA. Therefore, it cannot be easily distinguished from the formal units and estimates are rarely available. Estimates of the “underground” economy through econometric modeling are interesting (see, for instance, Schneider and Enste 2000; Schneider 2004; Schneider, Buehn and Montenegro 2010), but the comparison of these results with current GDP is particularly difficult to interpret because the national accounts already include part of the underground and illegal economy. The fact that private incorporated and public enterprises may employ informal workers does not mean that the contribution of these workers is not taken into account in the output of the firms (unless the goods or services produced are illegal by nature), although it does have an impact on the value added: supply and use tables by product are the instruments by which national accountants attempt to balance production and its uses (consumption, investment), as well as reconciliation of the three GDP estimates – production, expenditure and income. Part of the hidden economy – supposedly the major part – that does not show up in one estimate may show up in one or both of the others and so justify adjustments in the volume or value of output. A tentative estimate of the informal sector contribution can be made for those countries that compile household sector accounts. But the availability of household accounts is not sufficient; the distribution of gross value added (GVA) by industry is also required, because production for own final use (not transiting through the market) must be excluded as it is not part of the international definition of the informal sector. This can be dealt with by excluding agricultural and related activities. Also to be excluded are imputed rents and paid domestic services (which never exceed 1–2 percent of total GDP), while bearing in mind that – depending on national definitions – some unincorporated firms may belong to the formal sector within the household sector, but the necessary data are rarely available; consequently, the results presented in Table 1.8 remain proxies, but these proxies are acceptable. It is therefore necessary to isolate the informal sector by using the table of national accounts that cross-classifies GVA by industry and institutional sector. Although all countries distinguish the various institutional sectors in i n f o r mal eco n o my 33 Table 1.8 Contribution of informal sector to GDP in various developing countries: 2000s Countries (years) Informal sector including agriculture as percentage of total GDP Informal sector excluding agriculture as percentage of total GDP Informal sector excluding agriculture as percentage of non-agricultural GVA Northern Africa Algeria (2003) Egypt (2008) Tunisia (2004) Sub-Saharan Africa Benin (2000) Burkina Faso (2000) Cameroon (2003) Niger (2009) Senegal (2000) Togo (2000) India (2008) Latin America Brazil (2006) Colombia (2006) Guatemala (2006) Honduras (2006) Mexico (2009) Venezuela (2006) Transition countries Armenia (2008) Azerbaijan (2008) Belarus (2008) Bulgaria (2006) Estonia (2008) Kazakhstan (2009) Kyrgyzstan (2008) Latvia (2007) Lithuania (2008) Macedonia (2008) Moldova (2008) 35.8 37.9 27.8 41.8 63.6 71.6 55.8 57.6 72.6 51.5 72.5 54.2 29.2 21.6 37.5 36.9 31.5 30.9 17.0 19.5 27.5 17.8 6.7 21.6 10.7 23.0 45.2 11.3 14.1 22.5 20.0 23.9 27.1 14.7 29.8 31.3 33.6 21.7 36.0 29.0 35.1 32.2 38.4 24.0 27.1 30.4 16.9 34.1 50.2 61.8 36.2 46.3 51.5 48.8 56.4 46.3 25.2 29.4 30.2 20.8 32.3 34.0 18.1 15.7 10.7 15.5 12.4 3.4 15.1 9.8 18.7 20.3 9.9 11.8 12.4 11.0 16.3 13.9 19.5 13.1 3.7 16.5 10.1 20.0 27.5 10.2 11.8 14.0 12.3 34 j acq ues c h ar mes Table 1.8 (cont.) Countries (years) Informal sector including agriculture as percentage of total GDP Russia (2009) Serbia (2008) Slovenia (2005) Ukraine (2008) 10.6 25.0 19.5 16.4 Informal sector excluding agriculture as percentage of total GDP Informal sector excluding agriculture as percentage of non-agricultural GVA 8.2 8.6 11.9 12.9 Source: Charmes (2012), updated. Note: In bold: Non-weighted averages by region. their national accounts, not all of them present accounts for the institutional sectors in detail, especially by industry. Compilations by the UN’s Statistics Division, regularly updated, allow us to identify those countries with a detailed household institutional sector (United Nations 2004). Table 1.8 is based on these compilations plus national sources and a special report by AFRISTAT (1999) on the national accounts of the West Africa Economic and Monetary Union countries. As far as possible, “imputed rents” and “private households employing persons” have been subtracted. In sub-Saharan Africa, the informal sector including the agricultural household sector contributes nearly two-thirds of GDP (63.6 percent in the arithmetical non-weighted mean), with a maximum in Niger (72.6 percent) and a minimum in Senegal (51.5 percent). Excluding agriculture, the informal sector represents approximately a third of total GDP (31.3 percent), with a maximum in Cameroon (36.0 percent) and a minimum in Burkina Faso (21.7 percent). Moreover, the nonagricultural informal sector is as high as 50.2 percent of non-agricultural GVA, with a maximum in Benin (61.8 percent) and a minimum in Burkina Faso (36.2 percent). In Northern Africa, the contribution of the informal sector including agriculture is equivalent to just over a third of total GDP (35.8 percent), or nearly a quarter (23.9 percent) if the agricultural household sector is excluded. Finally, the non-agricultural informal sector represents 27.1 i n f o r mal eco n o my 35 percent of total non-agricultural GVA. The minima for the three indicators are observed in Egypt (27.8, 14.7, and 16.9 percent, respectively) and the maxima in Tunisia (41.8, 29.8, and 34.1 percent, respectively). In India the informal sector including agriculture contributes 54.2 percent of total GDP (2008), and even excluding agriculture the figure is 38.4 percent. With 46.3 percent of total non-agricultural GVA, the informal sector stricto sensu is the highest contributor to non-agricultural GVA among all countries reviewed in all regions. In Latin America, there are six estimates available, but only four countries have detailed their household sector accounts by industry. Only global estimates that include agriculture can be generated for Brazil and Mexico. The estimates here approximate and assimilate the informal sector to the household sector (minus subsistence agriculture, households with employed persons and imputed rents), but national methodologies and official definitions may be more complex and, in the case of Mexico and emerging economies, the informal sector is only a segment of unincorporated enterprises of the household sector. The informal sector including agriculture represents on average 29.2 percent of total GDP, with a maximum in Colombia (37.5 percent) and a minimum in Venezuela (17.0 percent). Excluding agriculture, the informal sector contributes on average 24.0 percent of total GDP (from 30.2 percent in Guatemala to 15.7 percent in Venezuela), and it contributes 25.2 percent of non-agricultural GVA (from 34 percent in Guatemala to 16.3 percent in Venezuela). Finally, the transition economies provide the highest number of estimates, from 15 countries. This is not surprising, given that the SNA has been implemented recently in these former socialist countries, which were used to applying a specific system of material balances. In applying a new system, national accountants have tended to follow the rules of the central framework of the SNA 1993 strictly. The private sector emerged only recently in the transition countries – paid employment in public enterprises used to be the norm – and it is expected to grow more and more, especially the micro-enterprises of the informal sector, making it particularly important to try to measure that sector. With an average contribution of 19.5 percent to total GDP, the informal sector including agriculture is most significant in Kyrgyzstan (45.2 percent) and least in Belarus (6.7 percent). Excluding agriculture, the contribution of the informal sector drops to 10.7 percent on average (20.3 percent in Kyrgyzstan and 3.4 percent in Belarus) and to 13.9 percent of non-agricultural GVA (27.5 percent in Kyrgyzstan and 3.7 percent in Belarus). 36 j acq ues c h ar mes Sub-Saharan Africa is the region with the largest estimates for the contribution of informal sector to GDP: nearly two-thirds including agriculture, one-third excluding agriculture and half of all nonagricultural GVA. It is followed by India with around 50 percent of total GDP including agriculture and 38 percent excluding it, and 46 percent of non-agricultural GVA. Then come the MENA countries with, respectively, 36, 26 and 29 percent, Latin America with 29, 24 and 25 percent, and lastly transition countries with 19, 11 and 14 percent. The informal sector – not only in its broad sense, including agriculture, but also in its strict sense, excluding agriculture – is the largest contributor to GDP in the regions where agriculture is predominant (sub-Saharan Africa and Asia). Assessing trends in the contribution of the informal sector to GDP is more difficult because changes in values are due only to assumptions by national accountants and the only noticeable changes are structural, when a new base year allows radical changes based on updated sources and new surveys. To a certain extent, all these figures are underestimates because the informal economy in general and the informal sector in particular are usually characterized by weak statistics, despite recent progress of which the present compilation is an illustration. Furthermore, as noted earlier, the contribution of the informal sector to GDP does not take into account informal employment outside the informal sector, which is scattered across various institutional sectors. The volume of this sub-component of the informal economy can be now estimated in terms of jobs: the question then is how much added value can be imputed to those jobs. India attempted such an exercise with its labor input matrix (Kolli and Sinharay 2011a, 2011b). It estimated that informal employment in the public and private corporate sector stood at 43.9 percent in 2004–2005, contributing 21.6 percent to the GVA of those sectors in the same period (up from 12.1 percent in 1990–2000), and 34.7 percent to the GVA of nonagricultural activities (including the informal sector). But these figures may be overestimates because they are based on the assumption that the household sector can be assimilated to the informal sector. While that may be roughly true in regions with large traditional subsistence agriculture and a small formal sector, it surely does not hold for emerging economies. i n f o r mal eco n o my 37 The Social Importance of the Informal Economy From its very origin, the informal sector has been seen either as a subsistence sector for the poor or as a potentially dynamic microenterprise sector, depending on the analyst’s perspective. The latest statistics from the ILO (2011) suggest a negative correlation between the percentage of employment in the informal sector and GDP per capita (see Figure 1.1). Moreover, employment in the informal sector is positively correlated with poverty across countries (see Figure 1.2). Increasingly, the informal economy is seen as an important economic pillar and source of livelihood, particularly in developing countries where unemployment is growing rapidly. Informal activities play a critical role in alleviating poverty, increasing job opportunities, supplying the formal sector with intermediary products through sub-contracting arrangements, and fostering adaptation and innovation. Furthermore, informal activities address an important segment of otherwise unmet consumer demand, producing goods for the majority of low-income people. They also reflect the nature of the personal ties between the participants, defined by norms and institutions that are in essence non-economic, while it is believed that “[a] solidary ethnic community represents, simultaneously, a market for culturally defined goods, a pool of reliable low-wage labor, and a potential source for start-up capital” (Portes and Sensenbrenner 1993). However, causal relationships between informal employment, per capita GDP and poverty cannot be deduced from these observations. There is no evidence that informal employment does or does not cause low GDP growth or high poverty rates. It has already been mentioned that trends in informal employment are generally countercyclical, but the reality is more complex: the lower tier may be countercyclical while the upper-tier is procyclical – not to mention informal employment outside the informal sector, which may be pro- or countercyclical depending on the rigidity of the contextual legal framework. These three segments may follow different trends in various different contexts. While some observers believe informal firms provide useful competition in the economy, recent years have seen increasing concern that such competition is “unfair,” to the point where the need to transition from informal to formal economic activity became an agenda item for the 2014 ILC (ILO 2014) and a recommendation has recently been adopted by the 2015 Conference (ILO 2015). Various factors can inhibit informal firms’ productivity, and available evidence shows that efficiency gains could be derived by transferring production from low-productivity informal firms Informal employment (percentage of total non-agricultural employment) 90 MLI IND 80 MDG UGA 70 LBR 60 TLS ZWE HND BOL PER PRY SLV ZMB VNM NIC LKA ECU COL MEX ARG VEN CRI PAN BRA NAM URY THA ZAF AZE TUR ARM EGY 50 40 LSO 30 20 DOM MDA MKD 10 SVK SRB 0 4 5 6 7 8 9 10 GDP per capita (in logarithm) Figure 1.1 Employment in the informal sector negatively related to GDP per capita, 2010 or latest available year Source: de Beer, Kun and Wunsch-Vincent (2013), based on data in ILO (2011). 11 Informal employment (percentage of total non-agricultural employment) 90 IND 80 PRY 70 PER ECU 60 50 CRI URY 40 MDG HND VEN DOM BRA TUR 30 ARM 20 MDA SRB 10 0 SLV COL BOL 0 10 20 30 40 50 60 70 Population living below the national poverty line (percentage of total population) 80 Figure 1.2 Employment in the informal sector positively related to population living below national poverty line, 2010 or latest available year Source: de Beer, Kun and Wunsch-Vincent (2013), based on data in ILO (2011). 40 jacques charmes to more productive formal firms or by facilitating the formalization of informal firms (Perry et al. 2007; Jütting and de Laiglesia 2009). A more or less wide but invisible segment of the informal sector is comprised of small firms that grow (“graduate”) by multiplication of small units that remain invisible rather than by increasing their size in one single location: such an intermediary sector is the “missing middle,” which John Page and William Steel (1986) refer to. Beyond the debate regarding whether the informal sector should be stimulated or suppressed, it is certainly toward this intermediary sector that the eyes of economists and policymakers should turn, because it has proven its capacity to grow and to be a breeding ground for innovation. Conclusion Progress made in defining and measuring the informal economy over the past four decades now allows us to draw a more comprehensive and detailed picture of a phenomenon that has long remained ignored, underestimated and neglected. Two international definitions, the design of ad hoc surveys and dedicated sets of question in permanent labor force surveys have all helped considerably in this regard. However, the two definitions remain non-complementary and it is necessary to resort to the concept of employment in the informal economy to reconcile them. The informal economy supplies a majority of the labor force with jobs for earning a living or operating small enterprises in most parts of the world, but with regional specificities: 70 percent in South and South-East Asia, and in sub-Saharan Africa (with most of these jobs in the informal sector in these two regions) and 58 percent in Latin America, not even counting agricultural jobs. Although such bulk employment may equate to low productivity and low income, an important part of GDP is generated by these activities: including agriculture, the informal sector represents nearly two-thirds of total GDP in sub-Saharan Africa, more than 54 percent in India and nearly a third in Latin America; and excluding agriculture, it accounts respectively for half, 46 percent and a quarter of non-agricultural GDP. Contrary to widespread assumption, women do not outnumber men in the informal economy except in sub-Saharan Africa: but this finding suggests that much remains to be done in order to better capture their economic participation, particularly in processing agriculture and food i n f o r mal eco n o m y 41 products. The informal economy is, nonetheless, the major supplier of jobs for women in most regions. Recent recognition of the importance of informal economic activities in the functioning of the labor market and in the generation of income and wealth has encouraged more frequent and detailed data collection, especially through permanent labor force surveys, so that the informal economy, with all its components, could become a crucial indicator of the functioning of the economy as a whole. The different groups of informal economic operators – micro-enterprises in the informal sector, the self-employed, informal workers in the formal sector and domestic workers – may follow different pro- or countercyclical trends at the same time during crises or during periods of growth, and such diverse behaviors are important to understand in order to design appropriate and timely policy measures. In this sense, the concept of the informal economy has come a long way; from defining it in simple counterpoint to formal economic activity, scholars and analysts have come to understand it as a continuum in its own sphere and with the formal sector (see Chapter 2). One gets a sense of the distance travelled in developing the concept from the titles and content of the ILO reports submitted for discussion at the annual ILC: from work on how to promote self-employment (1990) and concerns about the dilemma of the informal sector (1991) to recent considerations of decent work and the informal economy (2002a) and the transition from the informal to the formal economy (2014 and 2015). The informal sector is challenging, but neither doomed nor about to disappear. It may well be a strong actor in innovation. References AFRISTAT 1999. 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London, James Currey, Eastern African Studies. Kolli, R. and Sinharay, A. 2011a. “Share of informal sector and informal employment in GDP and employment,” The Journal of Income and Wealth 33(2): 61–78. Kolli, R. and Sinharay, A. 2011b. “Informal employment by institutional sectors and activities in India,” The Journal of Income and Wealth 33(2): 79–89. Latouche, S. 1989. “Les paradoxes de la ‘normalisation’ de l’économie informelle,” Revue Tiers Monde 30(117): 227–33. Lautier, B. 1990. “La girafe et la licorne: du secteur informel au système d’emploi en Amérique latine,” research report, Ministère de l’Education Nationale, in Informalité, formation et emploi: une comparaison entre la Colombie et le Nordeste brésilien. Amiens, Ministère de l’Education Nationale. Lebrun, O. and Gerry, C. 1975. “Petty producers and capitalism,” Review of African Political Economy 2(3): 20–32. 44 j acq ues ch ar m es Lubell, H. 1991. The Informal Sector in the 1980s and 1990s. Paris, OECD Development Centre. Maldonado, C. 1987. Petits producteurs urbains d’Afrique francophone. Geneva, ILO. Mead, D. and Morrisson, C. 1996. “The informal sector elephant,” World Development 24(10): 1611–19. Nihan, G. and Jourdain, R. 1978. “The modern informal sector in Nouakchott,” International Labour Review 117(6): 709–19. Nihan, G., Demol, E. and Jondoh, C. 1979. “The modern informal sector in Lomé,” International Labour Review 118(5): 631–44. OECD 2002. Measuring the Non-Observed Economy. A Handbook. Paris, OECDIMF-ILO-CIS Stat. Page, J. and Steel, W. 1986. Le développement des petites entreprises: questions économiques tirées du contexte africain. Washington, DC, World Bank. Perry, G.E., Maloney, W.F., Arias, O.S., Fajnzylber, P., Mason, A.D. and Saavedra-Chanduvi, J. 2007. Informality, Exit and Exclusion (World Bank Latin American and Caribbean Studies). Washington, DC, World Bank. Portes, A. and Sensenbrenner, J. 1993. “Embeddedness and immigration: notes on the social determinants of economic action,” American Journal of Sociology 98(6): 1320–29. Schneider, F. 2004. “Shadow economies of 145 countries all over the world: estimation results over the period 1999 to 2003.” IZA Discussion Paper Series No. 1431, Bonn: Forschungsinstitut zur Zukunft der Arbeit. Schneider, F. and Enste, D. 2000. “Shadow economies: size, causes, and consequences,” Journal of Economic Literature 38: 77–114. Schneider, F., Buehn, A. and Montenegro, C.E. 2010. “Shadow economies all over the world: new estimates for 162 countries from 1999 to 2007,” background paper for Packard, T., Koettl, J. and Montenegro, C.E. In From the Shadow: Integrating Europe’s Informal Labor. Washington, DC, World Bank. SNA 1993. System of National Accounts. New York, Commission of the European Communities, IMF, OECD, UN, World Bank. SNA 2008. System of National Accounts. New York, Commission of the European Communities, IMF, OECD, UN, World Bank. Tokman, V. 1987. El sector informal: quince años después. Santiago, PREALC. Turnham, D., Salomé, B and Schwarz, A. (eds.) 1990. The Informal Sector Revisited (Development Centre Seminars Series). Paris, OECD Publishing. United Nations 2004. National Accounts Statistics: Main Aggregates and Detailed Tables: 2002–2003. New York, Department of Economic and Social Affairs, Statistics Division. c o m ment 1. 1 adr i an a mat a greenwood 45 COMMENT 1.1 adriana mata greenwood International Labour Organization2 Professor Charmes introduces the concept of the informal economy by tracing the various paths of thought that led to the internationally agreed definitions of the “informal sector,” adopted by the Fifteenth ICLS in 1993, and of “informal employment,” adopted by the Seventeenth ICLS in 2003. These international definitions were the first attempt at an international agreement on the subject. They are very flexible, allowing many different adaptations at national level. Two factors motivated this lack of rigor at the time: there was not much experience in measuring the informal economy, and it was believed to manifest itself differently in different countries. The idea when these definitions were adopted was to test different approaches at the national level and eventually arrive at best practices. The result, however, has been that twenty years later national definitions and approaches to measurement remain highly heterogeneous, resulting in statistics that are not comparable between countries, nor sometimes even within countries for different points in time. No consensus between countries is yet in sight, unfortunately. In Latin America, the ILO has been working together with countries to harmonize the measurement criteria applied in national labor force surveys and to agree on a common algorithm to arrive at derived measures. In other regions the ILO continues to promote the consistent measurement of employment in the informal economy in order to enhance international comparability. The release of the Manual on Informality (ILO 2013) and the organization of regional workshops in Africa, Asia, the Arab region and Latin America are other means that the ILO has been using to promote international coherence. The international definitions of 1993 and 2003 are operational definitions, meaning that they lend themselves to direct measurement through three types of surveys: household-based surveys, establishment-based surveys and mixed surveys. The ICLS did not adopt a concept of the informal economy, although one was adopted by the ILC in 2002 as part of ILO efforts to promote decent work for workers who are often not recognized or protected under legal and regulatory frameworks (ILO 2 The views expressed herein are those of the author and do not necessarily reflect the views of the International Labour Organization. 46 j acq ues ch ar m es 2002). The ILC definition understands informality as non-compliance with official regulations.3 This is too restrictive for statistical purposes, where the low level of organization of informal economic units is also considered, as reflected, for example, in the reliance of informal sector units on family workers. As Charmes notes, the ILO now has a global program that aims to facilitate the formalization of the informal economy. The objective is to promote the creation of decent jobs in the informal economy and to preserve these in the formal economy. Activities include, among other things, extending social security coverage, compliance with legal requirements and the organization of workers and employers, and they target specific actors of the informal economy, such as micro and small enterprises, domestic workers and workers in non-standard forms of employment. In particular, the ILC adopted in June 2015 the Recommendation concerning the transition from the informal to the formal economy, which is meant to be a tool to guide countries in implementing this transition (see ILO 2014, pp. 21–30). Charmes also provides global and regional estimates of the share of employment in the non-agricultural informal economy and of its share of GDP and GVA. While acknowledging the various limitations of the estimates, these figures are extremely valuable and confirm the great importance of the informal economy: it employs most workers in developing regions and its contribution to GDP is fundamental. The figures also show that the importance of the informal economy is increasing in almost all regions. However, it should also be noted that it may be becoming less significant in some countries (ILO and WIEGO 2013), in response to national policies and programs. The activities that people and economic units carry out in the informal economy are very diverse, as Charmes observes, and encompass practically all manufacturing and service activities in the economy. Among this wide range of activities, however, it is not certain that innovation is higher in activities related to traditional crafts or that require traditional knowledge. Clearly, statistics need to be produced, covering all types of 3 It includes “all economic activities by workers and economic units that are – in law or in practice – not covered or insufficiently covered by formal arrangements. Their activities are not included in the law, which means that they are operating outside the formal reach of the law; or they are not covered in practice, which means that – although they are operating within the formal reach of the law, the law is not applied or not enforced; or the law discourages compliance because it is inappropriate, burdensome, or imposes excessive costs.” c o mmen t 1. 1 adr i an a mat a g reenwood 47 economic activity in the informal economy for us to be certain that innovation occurs more frequently in these types of activities than in others. In principle, innovation can occur in any type of activity and can be carried out by any worker. Workers in informal economic units are probably innovating all the time because of the circumstances in which they work. They face unforeseen constraints every day: they often lack necessary tools or equipment, the materials they have to work with may be deficient or may vary over time, availability of other resources may be variable and so on. This means that in order to carry out their work they have to adapt constantly to the situation at hand, improvising new ways of producing the required goods or rendering the required services. This in turn results in totally new articles or services, or in modified versions of existing ones. It can therefore be said that, in contrast to innovation in formal sector units, innovation in informal units is the result of an imposed situation rather than a deliberate activity: workers are obliged to innovate more than they choose to innovate. In addition, given its adaptive nature, innovation by workers in informal economic units tends to consist of small incremental changes as opposed to single large changes to products or services, which may be characteristic of formal sector units. Another distinction from innovation in the formal sector is that these adaptations often respond to a precise set of constraints that may change in time and place, meaning that innovation may not be replicable or useful in another setting. Charmes is surely correct to argue that in order to quantify the amount and type of innovation that goes on in the informal economy, it is not practical to focus on workers; we should instead observe the economic units where they work. One needs to measure whether activities that led to innovations in products or services occurred during a specific reference period, and what those innovations were. In order to obtain such information, the ideal respondent is probably the owner or manager of an informal sector unit. An owner or manager can report on innovations in their economic unit, as carried out by themselves, their contributing family workers or their employees. Surveys that measure innovation already exist, mostly in OECD countries,4 and follow the recommendations found in the Manual on Collecting Data on Innovation (OECD/Eurostat 2005). Unfortunately, they cover only formal sector units. The Manual does mention informal 4 They aim to obtain information on four areas of innovation: product innovation, process innovation, organizational innovation and marketing innovation. 48 j acq ues ch ar mes sector enterprises, but only to say that measuring innovation by them is very difficult and so it does not provide guidelines for these types of units. Nevertheless, the questionnaires used in this type of survey could be adapted to informal sector units, taking into account the specificities of respondents and of the innovation activities that occur in informal units; for example, that owners or managers in the informal sector are often less skilled than formal sector ones, that innovations are made up of small changes and that they often respond to specific constraints. An adapted questionnaire might then need to (a) use simple language; (b) limit the range of innovation areas for which information is requested to products and processes; (c) limit the reference period to a short period; (d) expressly request information on changes done because of a lack of proper tools or equipment, raw materials, and so on; and (e) stress that small changes also need to be reported. Prior to actually applying such a questionnaire, careful testing would be needed in order to ensure that informal sector entrepreneurs understood the questions, those questions were meaningful to their work, they were able to respond confidently and their responses were valid. An innovation survey for informal sector entrepreneurs may be applied as a module of an ongoing household survey, administered to all potential entrepreneurs in the informal sector as identified from the main questionnaire. References ILO 2002. Effect to be given to resolutions adopted by the International Labour Conference at its 90th Session (2002), (b) Resolution concerning decent work and the informal economy, ILO Governing Body, 285th Session, Seventh item on the agenda (Geneva, doc. GB. 285/7/2). ILO 2013. Measuring Informality: A Statistical Manual on the Informal Sector and Informal Employment. Geneva, ILO Department of Statistics. ILO 2014. The transition from the informal to the formal economy. Report V (1) International Labour Conference, 104th Session, 2015. ILO; Women in Informal Employment: Globalizing and Organizing (WIEGO) 2013. Women and Men in the Informal Economy: A Statistical Picture, second edition. Geneva, ILO/WIEGO. OECD/Eurostat 2005. Oslo Manual: Guidelines for Collecting and Interpreting Innovation Data, third edition. Paris, OECD/Eurostat. co mmen t 1. 2 j o h an n es jüt ti n g 49 COMMENT 1.2 johannes jütting Organisation for Economic Co-operation and Development Informal employment is the norm, not the exception, in many parts of the world: more than half of all jobs in the non-agricultural sectors of developing countries – over 900 million workers – can be considered informal. If agricultural workers are included, the estimates rise to some two billion people. Informality is thus a reality for two-thirds of the global labor force. In some regions, including sub-Saharan Africa and South Asia, over 80 percent of non-agricultural jobs are informal. On top of this, the majority of agricultural jobs are also informal, including those of self-employed farmers as well as the great majority of day and casual laborers. Against this background, Professor Charmes’ chapter does three things. First, it presents the history of the development of the concept informal economy and its link to sometimes overlapping approaches such as the informal sector, informality and informal employment. It also discusses the statistical manifestations of those concepts and their development over time. Second, it provides readers with a comprehensive overview of the size and development of informal employment in relation to overall employment, and of the contribution of the informal sector to the overall economy. Third, it discusses externalities of the informal sector when it comes to the “social sphere” and “innovation.” My comment here will focus on the following three questions: (1) What main new insights do we gain from Charmes’ analysis, given the increased focus on this topic in the past decade? (2) What additional issues should be examined to help us gain a comprehensive understanding? (3) What are the implications of this work for the design of effective policies addressing the complex issues of informal employment and the informal sector? Starting with question 1, the main general conclusion is that the informal economy persists or grows in times of economic distress and financial crisis as well as when economies are growing. While this general statement requires further nuance, it seems clear that overall positive economic development with real per capita growth, for instance, in Africa, may not translate into the creation of more and better jobs for the 50 j acq ues c h ar mes majority, in particular young people. The same seems to hold true for Asian countries; for example, India and the Philippines. Whether informal employment behaves countercyclically is highly debatable; in fact, the data provided do not allow for this conclusion. This is particularly true when we look at the most recent data, for 2010–2014, for Northern Africa. One might assume that the economic and financial crisis would have led to a huge increase in informal employment and the role of the informal sector, but this seems to have been the case only in Tunisia. Going forward, it would be interesting to do specific research into how the informal sector was able to play the role of a shock absorber and what lessons can be drawn from this for public policy. Another interesting aspect of the paper is the detailed description that it provides of the contribution of the informal sector to GDP, including descriptive statistics with again a very comprehensive picture using time series data as well as covering all regions of the world. Finally, Charmes describes and explains the various challenges when it comes to measurement and turning the data into statistics – challenges that hugely impact the overall reliability of the data. Turning to the second question, the emerging consensus is that informal employment may be voluntary or involuntary. Gary Fields’ pioneering work (1990, 2005) laid the foundation of a model that divides informal employment into two segments: a minority of entrepreneurs who opt to work informally, basically to avoid paying taxes and social security contributions and to evade regulation, and a large majority of workers who are forced into the sector, making up the lower tier of informal employment. The latter face very bad working conditions and little or no chance to work their way to a better job. Certain groups, such as young people and women, require specific attention as they are over-represented among the informally employed. Women seem to be disproportionately involved in the most vulnerable forms of informal employment (Jütting, Luci and Morrisson 2011). Until recently, researchers and policy makers concentrated chiefly on gender differences in labor-market participation and the barriers that women face in employment. Although this remains an important concern, a second aspect of labor-market outcomes should be added: gender differences in the quality of jobs and inequality of access to good, secure and well-paid jobs. Understanding why women are over-represented in informal work is of primary importance for designing more effective policies that allow a country’s workforce, including women, to engage in comment 1.2 johannes jüt ti n g 51 productive activities. Furthermore, there is a need to better understand the predominance of informal employment among the youth. Informal employment can result both from people being excluded from formal jobs and from people voluntarily opting out of formal structures. In many middle-income countries, for example, incentive structures drive individuals and businesses out of the formal sector. In Latin America, formal workers are often required to pay for a mandatory bundle of benefits, some of which they do not want. Likewise, many businesses opt out of the formal structure because inefficiencies in business registration and social security administration inflate the costs of remaining in the formal economy. What kind of policy lessons can be drawn from this analysis in order to better deal with persistent informal employment and the informal sector from the perspective of workers? A better understanding of the complexity of informal employment and a more nuanced approach to addressing the specific needs of informal workers are urgently needed. Informal employment comprises different phenomena that require distinct policy approaches. A critical first step is to identify the types of informal employment present in a country. A three-pronged strategy can then be adapted to the situation in that country: (1) For the world’s poor, working informally is often the only way to participate in the labor market. Policies should thus try to unlock these people from their low-productivity activities, enable them to be more productive and provide them with opportunities to climb the social ladder. Specific recommendations include active labor-market policies such as training and skills development programs that reopen the doors to the formal sector. (2) Where informal employment is a deliberate choice to avoid taxes or administrative burdens, governments should aim to establish efficient formal structures that encourage people to join or rejoin the formal market – structures that offer the same or higher levels of the flexibility and efficiency that informal channels may provide. In this way, informal workers, who frequently have strong innovation and growth potential, can more effectively contribute to a country’s overall competitiveness. Targeting those who voluntarily opt out of the formal sector also involves establishing credible enforcement mechanisms. Spending more resources on labor inspections, for 52 j acq ues c h ar m es example, may help to identify law-breakers and increase compliance with a country’s rules and regulations. (3) In many low-income countries, informal employment is mainly a consequence of insufficient job creation in the formal economy. While global employment levels have largely followed the growth in working-age populations, there is a need for a general push for more employment opportunities within the formal sector. Governments should support small businesses in complying with formal requirements and encourage large companies to create formal employment opportunities. Targeted policies can do much to reduce the level of informal employment in a country, but they are no substitute for trust. A thriving informal sector is, above all, an expression of a lack of trust in public institutions, a negative perception of the role of the state and limited understanding of the benefits of social security. It is basically a sign of a broken social contract. Restoring that contract requires a change in people’s attitudes and beliefs. More innovative policies, such as information campaigns on the benefits of formal work and the risks of informal employment, can prompt that kind of change. References Fields, G.S. 1990. “Labour market modelling and the urban informal sector: theory and evidence,” in Turnham, D., Salomé, B and Schwarz, A. (eds.), The Informal Sector Revisited (Development Centre Seminars Series). Paris, OECD Publishing. Fields, G.S. 2005. A Guide to Multisector Labour Market Models (Social Protection Discussion Paper Series no. 0505). Washington, DC, World Bank. Jütting, J., Luci, A. and Morrisson, M. 2011. “Why do so many women end up in bad jobs? A cross-country analysis,” European Journal of Development Research 24: 530–49. 2 Innovation in the Informal Economy jeremy de beer, kun fu and sacha wunsch-vincent Introduction As Chapter 1 showed, the central economic and social role of the informal sector is increasingly appreciated. Yet while evidence shows that informal entrepreneurs can drive innovation, research on innovation in developing countries has been devoted mostly to formal sectors, organizations and institutions. What is lacking are studies assessing the role of innovation emanating within and from the informal sector. Who is the archetypical innovator in the informal economy? What types of innovations are generated? What is different from what one would encounter in the formal economy? Finding answers to these questions is a new field of research. On the one hand, the literature devoted to the study of the informal sector does not directly address the topic of innovation. In fact, the ability of the informal economy to do “new things in a different way,” its inventive ingenuity, rarely features as a topic at all. On the other hand, the equally vast literature on national innovation systems in countries at different stages of development largely overlooks the informal sector. The objective of this chapter is to push the boundaries of research in this field, first by conceptually integrating so far separate analyses of innovation and the informal economy and second by using research methods not often used by those studying the economic and employment aspects of innovation or the informal economy. The findings are based on an analysis of the existing literature, but more importantly on analytical fieldwork conducted for this book in three countries, and in the context of research undertaken by the Open African Innovation Research (Open AIR) network.1 1 www.OpenAIR.org.za. 53 54 j e r e m y d e beer , kun f u an d sacha wu nsc h- vinc ent Defining Innovation At the outset, it is important to establish a clear conceptual understanding of innovation. Often innovation is equated with research and development (R&D) – intensive technological breakthroughs or, in IP circles, patentable inventions. In the context of this book, however, a broader and deeper understanding of innovation is needed. One does not need to reinvent the wheel for this purpose. In high- and low-income countries alike, for measurement purposes, innovation is now understood as the “implementation of a new or significantly improved product (good or service), or process, a new marketing method [e.g. a novel product design], or a new organizational method in business practices, workplace organization or external relations” (OECD/Eurostat 2005, p. 46). This definition includes incremental innovations that are new to the firm or new to the country. According to this well-established innovation framework, innovation activities could include the acquisition of machinery, equipment, software and licenses, engineering and development work, design, training, marketing and R&D where undertaken to develop and/or implement a product or process innovation. Motives to innovate include the desire to increase market share or enter new markets, to improve the product range, to increase the capacity to produce new goods and to reduce costs. While the above characteristics mainly describe innovation in relatively developed countries, they have also been adapted to developing countries and provide a good conceptual guidepost for studies of innovation in the informal economy. However, measures of innovation based on the conventional definition given above may not always be appropriate in the context of developing countries or activities in the informal sector. Generally, definitions of innovation in developing countries posit it as a way to improve people’s lives by transforming knowledge into new or improved ways of doing things in a place where, or by people for whom, they have not been used before (Kraemer-Mbula and Wamae 2010a). In Chapter 8 of this book, we examine how existing metrics, survey instruments, notions of collaboration and linkages, and impact assessment tools apply – or do not apply – in this setting. i n n o v at i o n i n t h e i n f o r ma l e c onom y 55 What We Know about Informal Sector Innovation in Developing Countries Clearly, innovation-driven growth is no longer the prerogative of highincome countries. Fostering innovation is now firmly on the agenda of many low- and middle-income countries to spur economic and social development (Lundvall et al. 2009; Gault 2010; Hollanders and Soete 2010; NEPAD 2010; Dutta et al. 2015). The fact that innovation should not be equated simply with R&D-intensive technological breakthroughs or patentable inventions is important in this context. It is notable, however, that for the most part, studies and metrics of innovation in developing countries focus on large-scale, formal sector R&D activities, organizations and institutions. Several insights can be drawn from this literature.2 Generally, there is a lower level of science and technology (S&T) activity in developing countries than in developed countries, in part due to human capital and infrastructure constraints. Often, government and international donors are the main funders of S&T. National public research organizations are the main R&D performers. Also, government S&T expenditures often focus on agriculture rather than on engineering or industrial research. There is a lack of applied research, a deficit of trained engineers and scientists, weak technological capability and mostly inadequate scientific and technological infrastructures in these economies. Limited science–industry linkages are explained by the low absorptive capacity of firms and an ensuing lack of “business” demand for S&T. Questions also persist about the relevance of research to the business sector. Finally, there is a lack of policies and institutional structures necessary to facilitate the establishment of new firms, as well as constrained access to financing. While assessments of innovation systems in developing countries have produced a number of important insights, the informal sector is usually not considered a potential source of innovation. As noted by Maharajh and Kraemer-Mbula (2010, p. 138), The informal sector, especially in developing countries, comprises millions of enterprises that operate under extreme conditions of survival, scarcity and constraints. The dynamics of innovation in the informal sector, which is most extensive in developing countries, are largely 2 For a summary of this literature, see WIPO (2011). 56 j e r e m y d e beer , kun f u an d sacha wu nsc h- vinc ent ignored in the literature on both developing and more developed economies. Yet disregarding the role of such innovation in developing countries produces misleading, asymmetrical or ineffective innovation strategies. At best, the limited literature focused on innovation in the informal economy has concentrated on the “development of technological capacity” and/or the purchase and use of machines to produce a given set of outputs (ILO 1972, 1992). To be fair, an economic literature has developed that focuses on urban informal entrepreneurs in developing countries (Nordman and Coulibaly 2011; Ouedraogo et al. 2011; Grimm, Knorringa and Lay 2012; Grimm et al. 2012; Thai and Turkina 2012). The group of researchers involved in these studies consists mostly of labor economists who have continually improved the methods for surveying informal sector firms via better questionnaires and better sampling and data collection strategies (Joshi, Hasan and Amoranto 2009). However, these studies generally do not focus on innovation, neither explicitly nor – for the most part – implicitly. In addition, a fast-growing body of recent research has begun to identify innovation in low-income economies. Many terms and definitions have emerged in this context: “grassroots” innovation, “base-ofthe-pyramid” (BoP) innovation, innovation “for the poor by the poor,” “frugal,” “jugaad” and “inclusive” innovation are just some examples that are relevant to this study of the informal economy,3 although these terms are not synonymous (Gupta 2013). Some of this literature focuses on serving low-income populations through innovations on the consumption side, namely radically lower-cost goods and services that meet poor people’s ability to pay, thus providing business strategies for global firms entering emerging markets (Radjou, Prabhu and Ahuja 2012). Other studies look at the actual experiences and perspectives of “knowledge rich – economically poor people,” explaining how groups such as the Honey Bee Network have helped to catalog 140,000 grassroots innovations throughout India during the past twenty years (Gupta 2012b). This blossoming part of the literature increasingly encapsulates the study of the informal sector, though often without defining it as such. Innovation in the informal sector is also largely overlooked in the available survey data. Even in those countries and regions for which surveys of the informal economy exist – for example, establishment 3 See, for example, Gault et al. (2012), pp. 23–32; Gupta (2012a, 2012b), pp. 28–39; and Radjou, Prabhu and Ahuja (2012). i n n o vat i o n i n t h e i n f o r mal e c onom y 57 or enterprise surveys and mixed surveys along the lines discussed in Chapters 1 and 8 of this book – the information gathered about informal employment and economic units is not directly related to innovation. Such data cover matters such as the socio-demographic characteristics of workers, terms of employment, wages and benefits, and the place of work and working conditions. Survey data and analysis that focus on firms relate to, for example, the size, type and industry of enterprise; bookkeeping and accounting practices of enterprises; input purchasing and investment; sales and profits; access to credit, training and markets; forward and backward linkages; major difficulties encountered in developing the business; and demands for public support (ADB 2011). One exception aside – see Fu et al. (2014) for work surveying formal and informal textile firms in Ghana carried out in parallel to the fieldwork underlying this book – there has been no survey specifically examining innovation in the informal sector. Partly in consequence, few existing innovation or S&T policy frameworks do target innovation in the informal economy (see Chapter 7 of this book and IDRC 2011). In the following section, the innovation system approach is used to overcome the current knowledge gap and distil the main characteristics of innovation in the informal sector. Analyzing Informal Innovation Systems Whether exploring innovation within a conventional, formal paradigm or in the emerging context of informality, there is a consensus that the analysis of so-called innovation systems is required (see, e.g. Nelson (1993), Freeman (1987) and Lundvall (1992) on the innovation system literature). This systemic approach takes a broader understanding of innovation, beyond R&D, taking into account the role of firms, education and research organizations and S&T policies and including the public sector, financing organizations and other actors and elements that influence the acquisition, use and diffusion of innovations (Freeman 1987; Lundvall 1992). Understanding innovation as a systemic process puts emphases on its interactive character, the connections among actors involved in innovative activities and the complementarities that emerge between incremental, radical, technical and organizational innovations in the context 58 j e r e m y d e beer , kun f u an d sacha wunsc h- vinc ent in which they emerge. Innovation systems thus evolve as the result of different development trajectories and institutional evolution – with very specific local features and dynamics. The existing literature building on the innovation system approach has largely been applied in high-income countries and the formal sector, but researchers are now starting to apply and modify the innovation system framework to the conditions of developing countries, where economic activities are largely informal (Kraemer-Mbula and Wamae 2010b, Gault et al. 2012; Konté and Ndong 2012; WIPO and IERI, 2012). Funding agencies also increasingly appreciate the need for better understanding of – and support for – the linkages between the supply of new ideas from research and the demand for those ideas by local economies (Rath et al. 2012). Usefully, this more recent work in developing countries also stresses the importance of the localized character of systems of innovation (Cassiolato and Lastres 2008). For instance, the work of the Research Network on Local Productive and Innovative Systems (RedeSist) in Brazil has highlighted the local dimension of innovative and productive processes, aiming to identify challenges in and concrete opportunities for fostering local development (see also Soares, Scerri and Maharajh 2013). These systems range from the simplest, most modest and disjointed to the most complex and articulated (De Matos, Soares and Cassiolato 2012). They include actors with (a) different dynamics and trajectories, from the most knowledge intensive to those that use traditional or indigenous knowledge, and (b) different sizes and functions, originating in the primary, secondary and tertiary sectors and operating on a local, national or international plane (De Matos, Soares and Cassiolato 2012). This work provides a useful platform for incorporating a set of economic, political and social actors, including informal entrepreneurs that mainly operate “locally” in relatively small geographical territories. Figure 2.1 illustrates how the informal economy would fit within such a “local innovative and productive system” framework, alongside the formal sector, suppliers, users and broader innovation parameters such as the economic and social context, the productive and national Science, Technology and Innovation (STI) infrastructure and relevant policies and regulations. At the core of this framework, we find a diverse range of productive structures in developing economies. These comprise formal and informal suppliers exchanging goods, services and knowledge with formal and Geopolitical, social and international context Industrial policies, STI policies National STI infrastructure Productive infrastructure FORMAL INFORMAL –SEMI FORMAL Support and promotion organizations Financing organizations Support and promotion organizations Financing organizations Training, education, certification Representation, civil society, NGOs Training organizations Representation, associations Formal suppliers Informal suppliers Main informal productive activity/ nucleus Formal market, distribution and commercialization Informal market, distribution and commercialization Final consumer/ user Service providers Flows of goods and services Information flows Productive chain Social, political and civil orgs Figure 2.1 The informal economy in a local innovation framework Note: Adapted from De Matos, Soares and Cassiolato (2012). Erika Kraemer-Mbula with comments from Christopher Bull, George Essegbey and participants in the International Workshop on “Innovation, Intellectual Property and the Informal Economy,” Pretoria, South Africa, November, 2012. 60 j e r e m y de beer , k un f u an d sa ch a w u n s c h- v i n c en t informal businesses (in agriculture, manufacturing or services), which in turn transform those inputs into goods and services that are distributed and commercialized through both formal and informal channels until they reach the final customers or users. This diverse productive system in developing countries is largely populated by micro and small enterprises, and the majority of them are informal. The flows of goods and services around micro and small enterprises tend to remain in their immediate locality, especially in a context where insufficient infrastructure (both physical and digital) may limit the geographical coverage of productive activities. Similarly, the information and knowledge that is assimilated and used by productive organizations also tends to remain local. These knowledge flows would involve what are commonly known as the formal organizations – comprising training and education organizations, banks and other financial organizations, as well as formal representative associations, non-governmental organizations (NGOs), community-based organizations (CBOs) and the like. There are also relevant organizations that may not hold a legal status but have some degree of structure and often membership, such as associations of traditional healers, apprenticeship training organizations and so on. It is inherently difficult to delimit these types of organizations, but they are nonetheless very relevant in shaping and steering knowledge flows, especially at the local level. In this respect, the local innovation system encloses the space where learning processes happen, productive and innovative capabilities are created and tacit knowledge flows are exchanged. In their context, therefore, territory, history and cultural context do matter. Also importantly, as the figure illustrates, the informal economy is not disconnected from the range of economic and productive actors surrounding it. It interacts with and is influenced by parameters that are shared by formal sector innovation actors and networks. Moreover, the formal sector is impacted by the presence and activities of the informal sector as well. The most appropriate conceptualization of the informal economy (IE) is as a continuum from formal to informal, where different activities and actors occupy different places along the continuum. The transition from informal to formal status is gradual; single firms, households and workers may carry out some activities informally and others formally at the same time. In some circumstances, the IE competes with the formal sector. Often, however, the IE produces for, trades with, distributes for and provides services to the formal economy, interacting symbiotically (see Box 2.1). i n n o v at i o n i n t h e i n f o r mal e c onom y 61 box 2.1 evolving understanding of the informal economy Traditionally, formal and informal firms and their characteristics have been juxtaposed as extremes on two opposite sides of a spectrum. A typified view of the informal sector firm retained the following characteristics: (i) low entry requirements in terms of capital and professional qualifications; (ii) a small scale of operations, often with fewer than five employees; (iii) unskilled labor/skills often acquired outside formal education; (iv) laborintensive methods of production and simple/adapted technology; (v) scarce capital, low productivity and minimal saving; (vi) an unregulated and competitive market; and (vii) family ownership of enterprises. These characteristics were often contrasted to the somewhat idealized characteristics of formal firms, which are often presented as having the exact opposite characteristics, that is, large scale of operations, skilled labor, capital-intensive production and so on (ILO 1972; see Table 2.1). As argued above, the more appropriate conceptualization of the informal sector is to look at it as a continuum, from formal to informal, where different activities and actors occupy different locations along the continuum. In reality, small firms in the formal sector probably share many commonalities with firms of the IE as to what innovation and the use of appropriation mean. The transition from informal to formal enterprise status is also gradual; indeed, single firms and single households/workers can carry out some activities informally and others formally at the same time. The degree of informality, the type of activity, the technology used, the profile of the owner and the market characteristic in which the informal sector firm operates vary significantly from one firm to another. Some IE actors are single street traders with limited education and skills who essentially operate for subsistence. Others can be unofficial firms with labor-intensive or more knowledgeintensive operations. The latter can operate in markets with high barriers to entry and capital requirements and can be dynamic businesses with wage employment. In some sectors, firms in the IE are perceived to be more competitive than those in the formal sector. Indeed, firms may prefer to remain small and informal, rather than large and formal, if they perceive advantages in doing so. Such advantages may include greater agility to respond to changes in the technological or competitive landscape, or resilience in the face of systemic macroeconomic risks and adversity such as the recent global economic crisis. Often, the IE produces for, trades with, distributes for and provides services to the formal economy. In some circumstances, the IE competes directly with the formal sector, at times with an unfair advantage, for example, because of tax or regulatory avoidance (Banerji and Jain 2007). In other circumstances, formal and informal actors and activities interact (Thomas 1995; United Nations 1996). Also, these informal firms often Table 2.1 The flawed juxtaposition of informal versus formal enterprises Informal firms Formal firms Business size Start-up capital/ qualification Factor of production Work conditions Skills Small – fewer than five workers/paid employees Low – easy to start a business Labor intensive Unprotected by contracts, social welfare or unions Skills passed on through informal apprenticeships Raw materials Infrastructure Resources Selling price Demand Quality Proximity to consumers Profit Medium of exchange Market linkages Scrap from formal and informal sources Unreliable power and insecure premises Limited access to capital goods and funding Affordable to local population Low Low-quality goods Close Low Cash Poor distribution network, fragmented informational environment Adapts well to market conditions Efficiency through coordination among businesses Risk avoiders Embedded in social relations Large – greater than fifty workers High – difficult to start a business Automated production Protected by contracts, social welfare and unions High-level skills from formal training institutions New from local and imported sources Reliable power and secure premises Extensive access to capital goods and funding Out of reach of local population High High-quality goods Distant High Cash and bank credit (e.g. credit card) Well-established distribution network Flexibility Efficiency Risk attitude Culture Difficult to adapt Efficiency through vertical integration Risk takers Relies on impersonal written rules of the firm i n no v at i o n i n t h e i n f o r ma l e c onom y 63 have direct backward or forward linkages with the formal sector.4 Individuals switch between formal and informal work or, in many cases, engage in both types of activities. These linkages are important for understanding how firms “graduate” from an informal to a formal status (Charmes 2009) – not least because the economic literature suggests that informal enterprises that have links to the formal sector are more profitable and dynamic than those that do not (Grimm et al. 2012). This framework has been applied in the field research underlying this book. The lessons generated are summarized in the following sections of this chapter. Importantly, the informal economy and its various sub-sectors and clusters are above all extremely diverse, as was noted in Chapter 1. The heterogeneity of the informal sector has been one of the most fundamental findings of research on this topic for decades (Mead and Morrisson 1996). Naturally, the diversity of the informal economy is also reflected in the innovation that goes on within it. Innovation activities are extremely diverse, as are the sources of knowledge, learning and innovation that shape and diffuse them. Broad generalizations about the entire informal sector must therefore be treated with caution. The incidence, characteristics, role and impact of innovation vary widely across the wide spectrum of varied informal economy clusters and sub-sectors. The findings presented in this book bear witness to the great heterogeneity that exists among informal firms within and across different sectors in terms of not only technological capabilities and capital endowment but also their interactions with the formal sector (see also Kraemer-Mbula and Wamae 2010a). This in itself is not necessarily surprising or a source of concern. Innovation in the formal sector also varies greatly across firms, sectors and regional clusters. More generally, the findings in this book suggest that differences between formal sector and informal sector firms may be overstated. Empirical studies often conclude that informal firms behave much like a “normal firm” with formal skills but that they operate under various market imperfections. Furthermore, informal enterprises in developing countries are often as technologically innovative as their formal sector counterparts, or even more so. Clearly, both formal and informal 4 Backward linkages from the informal sector involve trading of goods produced in the formal sector by the informal sector so that informal traders act as a link between formal producers and customers. Forward linkages from the informal sector involve the production of goods and services in the informal sector for use in the formal sector. 64 j e r e m y de beer , kun f u an d s acha wu nsc h- vinc ent enterprises are affected by the same “backdrop” that characterizes a developing-country economy – the institutional structures/constraints that may hinder access to financial resources, skills of the workforce, access to training, facilities, and other essential factors. In addition, however, mainstream producers in the formal economy actually often overlook many local needs, either because the market is not attractive enough to make a profit or because a certain product cannot reach the local market due to some technology, skill or environment-related constraint. Often, too, formal sector firms operate in rather uncompetitive markets with no incentive to innovate. Finally, they often lack absorptive and technical capacities and skills to innovate. With these caveats in mind, the following insights into firms and innovation in the informal sector emerge from the fieldwork undertaken for this book and other recent research. Firm Typology in the Informal Sector Classifying entities in the informal sector into clearly distinguishable and markedly different groups has conceptual and practical appeal. The literature often classifies the informal sector into two clearly distinct segments, the so-called lower tier and upper tier (House 1984; Fields 1990; Mead and Liedholm 1998; Nichter and Goldmark 2009). The upper tier is characterized as having a growth orientation whereas lower-tier entrepreneurs are focused on survival (Grimm, Knorringa and Lay 2012). Evidently, informal sector actors of the lower tier have different characteristics from upper-tier actors with respect to firm demographics, profitability, growth prospects and linkages with the formal sector (Ouedraogo et al. 2011). A bifurcation between a rather small group of successful entrepreneurs and a larger group of firms that struggle to survive is the evident result (Grimm, Knorringa and Lay 2012). This binary classification is not perfect. Indeed, detailed empirical studies focusing on firm characteristics in the informal economy and our own fieldwork and survey results suggest that one can really distinguish three types of entities in the informal economy. In this updated framework, the so-called lower tier must be further subdivided between entrepreneurs who simply struggle to survive and those who have a more systematic approach to business organization and relevant profitability, but do not yet meet the criteria for membership of the small upper tier. As noted by Grimm, Knorringa and Lay (2012), who summarize the literature in this regard: “the typical informal entrepreneur, also in i n no v at i o n i n t h e i n f o r ma l e c onom y 65 non-dynamic economies in Africa, should not too easily be labelled a survivalist waiting for a job opportunity, without entrepreneurial capacities or growth potential. We . . . show that among those entrepreneurs typically considered survivalists – mainly because they operate with very little capital and generate low profits in absolute terms – there is a substantial share of entrepreneurs with business skills and an entrepreneurial behavior that resembles [that] of upper tier entrepreneurs.” As Maloney (2004) notes, self-employment instead often serves as the “unregulated developing country analogue of the voluntary entrepreneurial small firm sector in more developed countries.” Following this three-tier approach, a study of the informal sector in West Africa covering Benin, Côte d’Ivoire and Togo by Grimm, Knorringa and Lay (2012) identifies three sets of firms: (i) a limited number of high-growth firms referred to as “top performers”; (ii) a greater number of small structures with particularly high returns on investment but little capacity to expand, referred to as “constrained gazelles”; and (iii) a majority of firms termed “survivalists” that are essentially concerned with making a minimum of income for subsistence and are generally unable to consider making significant strides in more formal innovation (see Table 2.2). “Constrained gazelles” are mainly constrained by their business environment and thus external factors – lack of access to capital, insurance and productive infrastructure – rather than internal constraints such as education and specific business skills. Concerning the upper tier, only a minority of firms in the informal sector can aspire to experience significant growth in revenue, to reinvest these proceeds and to have the luxury of thinking more systematically about various forms of product, process, organizational or marketing innovation. These firms are close to the formal end of the informal–formal spectrum, Table 2.2 Typology of informal sector entities in West Africa Upper tier Middle tier Top performers Constrained gazelles Lower tier Survivalists Better-off, growth-oriented entrepreneurs with high capital stock and medium to high return. Share many characteristics with top performers, including high capital returns, but face low capital stocks and constrained growth. Share little or no characteristics with top performers; face low capital stock and low return. Source: Adapted from Grimm, Knorringa and Lay (2012). 66 j e r e m y de beer , k un f u an d sa ch a w u n s c h- v i n c en t with significant scale, an established firm structure and organization, significant revenues and ability to invest, and overall rather formalized transactions and links to the formal economy. At the top of this scale, there are even dynamic, high-growth informal firms that operate in modern hi-tech industries (Günther and Launov 2006). The findings of the country fieldwork for this book show that the great majority of firms are micro and small enterprises, clearly different from those upper-tier firms with fast growth, profitability, capital and other investments, and an established and growing organizational structure. Evidence from the home and personal care sector in South Africa – see Chapter 4 in this book – reveals that the majority of firms in the sector are micro-enterprises, with about 90 percent of the companies comprised of just the owner or only one or two employees. Most informal enterprises had been established recently (60 percent were between one and three years old) and reported low turnover. The fieldwork on Ghana’s herbal medicine sector described in Chapter 5 shows similar patterns. Traditional Medicine Practitioners (TMPs) are predominantly micro or small entrepreneurs; 70 percent of TMPs sampled in the study have no more than five employees. The studies also show that only a minority can be regarded as upper tier. Few actors can be associated with highly innovative firms that increase their scale and scope. Indeed, only a handful of entrepreneurs in small businesses have formalized their practice and set up modern enterprises for the production and supply of herbal products. Undeniably, most micro-firms do not grow their business. Kabecha (1998) even argues that in the informal sector technology has often been used to maintain the market, not expand it. Yet if one adopts a broad understanding of innovation as applied in this book, it is not necessarily reserved to the upper tiers of the economy. While categorizing some firms as upper tier is useful, the spectrum of informal economy firms is large and quite fluid, so any classification must be used with care. The dominance of micro-firms and the lack of firms with significant revenue growth does not mean that innovation is not taking place in the informal economy. While individual firms in specific informal sectors may be small, they are part of a broader, highly dynamic cluster or network of entrepreneurial firms with overall medium- to large-scale operations. A number of entities harbor the potential for innovative activities, as a strong entrepreneurial dynamism is present despite low capital stocks. i n n o v at i o n i n t h e i n f o r ma l ec onom y 67 Education, Training and Knowledge Spillover Micro-entrepreneurs generally tend to acquire knowledge and skills on the job in the form of “learning-by-doing,” “learning-by-training” and through apprenticeships in formal or informal workshops. The customary view is that learning and innovation in the informal economy are often based on apprenticeships where senior artisans train younger ones. A significant, often anthropologic, literature has been devoted to the study of these apprenticeships and the passing of knowledge (King 1974; Charmes 1980). This model of learning and skills diffusion via apprenticeships is still operational today (Kinyanjui 2008). For example, a study of automotive artisans in Uganda as part of the Open AIR project shows that senior artisans help relatives or friends out of generosity; in return young artisans who are eager to learn provide cheap labor (Kawooya 2014). Once they master particular skills, the senior artisans assign them to specific tasks. When their training is completed, junior artisans often leave and perform similar tasks in close geographical proximity, raising important issues of how know-how and innovations are appropriated by the original inventor. Junior apprentices acquire know-how in the course of apprenticeship and then go on to improve processes. At times, an apprentice has been reported to “steal” the master’s secrets (Charmes 1980). When that is done, he or she is ready to go and establish his or her own enterprise. But skills in the informal economy are not derived solely from such types of apprenticeship. First, the dense relationships in innovation clusters lead to an efficient diffusion of knowledge and know-how. The study of the creation of Kashmiri Pashmina Shawls in India shows how the passing on of skills in close-knit inter-organizational networks helps share knowledge and innovation (Sheikh 2014). Increasingly, informal sector firms show an openness to codified forms of knowledge. In addition to the approaches described above, skills are acquired through earlier formal education (Kraemer-Mbula and Wamae 2010a). Trial and error, assisted by books, manuals and the Internet, and knowledge spillovers gained by importing and selling equipment are also sources of advanced skills (ILO 1992). At higher stages of development, a combination of some formal education, specific vocational training and work experience can be an important source of innovative capacity among micro-enterprises in the informal sector (Kabecha 1998). 68 j e r e m y de beer , kun f u an d s acha wu nsc h- vinc ent Moreover, supply-and-demand interactions play an important role shaping learning and innovation processes in informal enterprises. Studies suggest, for instance, that informal sector blacksmiths – who are often farmers as well – better understand demand preferences in the informal economy and are able to use local knowledge to produce high-quality customer-tailored tools (Akbulut 2009). Customers prefer their products because they are able to adapt them swiftly to changes in farming conditions. Moreover, customers, suppliers and technology transfer agencies regularly suggest technical and commercial solutions to problems. Best practices are then transferred among manufacturers (see Chapters 4 and 5). Empirical studies have also discovered rather unusual knowledge flows between the formal and informal sectors, where formally trained designers and academic researchers sometimes draw on the expertise of artisans in the informal sector to provide local society with innovative products or services. The collaboration between informal sector automotive artisans and mechanics and formal university researchers in Uganda is characterized by what is termed a “reverse knowledge flow,” that is, the designs and production techniques of informal economy actors are being introduced to the formal research centers and universities, not the other way around (Kawooya 2014). As in the formal sector, imported products are an important source of learning for product innovators. Import competition constitutes a supply-side stimulus, giving scope to micro-enterprises to learn and imitate. However, the relative sophistication of imported technology in relation to the sophistication of the local formal industry and the skills of local entrepreneurs reduces the potential to adapt equipment. When there exists no local formal industry, and the technology gap between imports and local production is too high, no local innovation will occur on the basis of imports, a situation referred to as “technological dualism” in the literature (Kabecha 1998). There is thus a link between the availability of skills and capital upgrading in the informal sector and the nature of the local formal industry. The existence of a local capital goods industry, involved in the production of machinery and tools, creates skills that are favorably used in the informal sector as well. Countries solely importing machines from abroad were found to have entrepreneurs with less ability to improve technological capability by demonstration and learning. i n n o vat i o n i n t h e i n f o r ma l ec onom y 69 Sophistication of Inventive Activity: Innovation, Imitation and Adaptation Most empirical studies stress that entities are – despite their low capital intensity and low use of technology – highly dynamic. Innovations take place in relation to inputs, processes and outputs, allowing informal firms to adapt to new circumstances and exploit market opportunities. Early case study work focusing on “technological capabilities” already revealed the innovative strain of micro-entrepreneurs in the informal sector (Amin 1989; Khundker 1989; Ranis and Stewart 1999). The informal metal manufacturing and construction sectors of developing countries were studied as examples in the 1980s (Mlinga and Wells 2002).5 In particular, in the early 1990s the ILO led extensive case study work across different regions to assess technological capability in the manufacturing sector. In this research, the concept of innovation was relatively limited. It was often understood as the purchase and use of new machines, that is, capital accumulation to improve production processes. It was found that informal actors introduce new products or improve existing ones, that processes are made more efficient and that new tools are tested. This earlier sector-specific work has been revived more recently with new country- and sector-specific fieldwork such as the work conducted for this book that stresses the adaptive and innovative nature of the informal sector. These more recent dedicated surveys of microentrepreneurs or precise sectors are based on a broader understanding of innovation as discussed above. The new studies share some conclusions with earlier contributions to the literature. Both earlier and current research suggests that there is more adaptation and imitation than original invention in the informal economy (ILO 1992; Chapters 3–6 of this book). Most of the studies cite examples of adaptation of equipment of industrial origin rather than of any intrinsic ability to create original technological components. This type of innovation has been characterized as “quick responses to market demand and supply” (Bryceson 2002; Kraemer-Mbula and Wamae 2010b), “innovation under conditions of scarcity” (Srinivas and Sutz 2008) or “tinkering on the margins,”6 mostly problem-solving to overcome shortcomings that often 5 6 For earlier work on informal metal manufacturing, see King (1974), Aftab and Rahim (1986) and ILO (1992). A term suggested by Travis Lybbert (University of California, Davis) in the course of this project. 70 j e r e m y de beer , kun f u an d s acha wu nsc h- vinc ent but not exclusively originate from an underperforming formal economy, for example, lack of parts or other supplies in the formal sector, and/or to adapt foreign products to local conditions. Examples abound in the area of self-construction of tools, metal manufacturing and, more generally, repair and maintenance activities. However, little consistent evidence emanates from these studies concerning the type of innovation taking place in the informal economy. It is unclear which type of innovation – product, process, organizational or marketing innovation – is most prevalent in the informal economy, and whether innovation aims to improve product variety or product quality. On the one hand, technological change often comes from entrepreneurs’ imitation of existing models for their own use in workshops, rather than for sale on the market, for example, self-construction of tools to improve processes (ILO 1992). The aim in such cases is to increase production volume and reduce unit costs via process innovation and new tools. This is clearly an important aspect; prices, especially relative to the formal sector, are among the most important drivers of sales (Kabecha 1997). On the other hand, studies stress that informal economy firms are more concerned with producing new products than utilizing technology because the former can result in an immediate gain (de Beer, Fu and Wunsch-Vincent 2013). Creating new products and product diversification are also a reaction to fierce competition among producers. Among the few available studies, quality has been found to influence consumers in the informal sector; it is associated not only with durability (Kabecha 1997) but also with product design and packaging. Business owners of informal metal manufacture firms in Kenya have been found to focus on quality and style to differentiate their products (see Chapter 3). This indicates that informal firms see value in improving on and competing over the quality of the final product. The informal sofa-makers of Gikomba in Nairobi adopt new coordination modes, experimenting quickly and constantly to produce a large number of new designs and develop new models, about 1,500 sofa frames per week. Similarly, Chapter 4 reports that quite a few South African informal manufacturers of home and personal care products (40 percent of respondents) regard quality as an important feature of their products and perceive their goods to be of higher quality than those of their immediate competitors operating nearby. The case study of traditional medicine in the informal sector in Chapter 5 also finds quality driving innovation in the various components of the value chain. In the production process, i n n o vat i o n i n t h e i n f o r ma l e c onom y 71 adherence to quality assurance practices enables the traditional medicine products to pass regulatory tests. Even going to market, the quality of packaging differentiates products from competitors. In general, issues relating to technology and capital affect the scale at which innovation-related production and trade occur in the informal economy. Even studies that tend to be optimistic about the level and scope of innovation in the informal sector, such as Daniels (2010), see “scalability” as an important problem. As the Oslo Manual notes, “[T]he sometimes great creativity invested in solving problems in the informal economy does not lead to systematic application and thus tends to result in isolated actions which neither increase capabilities nor help establish an innovation-based development path” (OECD/Eurostat 2005, p. 137). The informal sector’s challenge, to be more precise, is not with innovation itself, but rather with its scalable application. Technology, Capital and Capability Many micro-firms in the informal economy demonstrate low capital intensity and limited skills, using simple technologies and facing limitations to technical upgrading. A central problem is the lack of access to techniques and technology and the lack of resources to develop processes and improve machinery. Because of irregular cash flow, time away from production to develop machinery, for instance, is in very short supply. While large producers often have a selection of technology packages to choose from, small entrepreneurs rarely have access to technology to meet their needs. Instead, informal enterprises often innovate, crafting affordable versions of expensive equipment by reassembling surplus components and at the same time overcoming scarcity and other material constraints. For instance, as reported in Chapter 3, informal metalworkers in Nairobi produce commodity goods such as potato chip cutters using very basic tools and materials but, alas, often with inadequate protective equipment, for example, using cardboard face shields to protect workers. Informal enterprises in the home and personal care sector in South Africa reproduce electric mixers using a secondhand electrical drill and other material found in a scrap yard (see Chapter 4). By doing so, they considerably reduce the cost of machinery. While incremental in nature, these initiatives have significant implications for informal firms, which are able to enlarge their scale of business and change their business models. At the 72 j e r e m y d e beer , kun f u an d sacha wu nsc h- vincent same time, access to more sophisticated techniques and technology remains elusive. Furthermore, the skills acquired through traditional types of activities can impose a constraint on the acquisition of new techniques requiring education and training (Aftab and Rahim 1986, 1989; Aftab 2012). Organization of Activities in Clusters and Linkages to the Formal Sector Few studies are available on linkages between the formal and informal sectors, the clustering of informal sector activities and the impact of such arrangements. Existing studies do, however, reveal that instead of individuals, communities can best be regarded as the main agents of innovation (see Chapter 6). Indeed, firms in the informal economy tend to operate in clusters or “agglomerations,” including in the process of creating or applying new knowledge or generating new products or processes (Livingstone 1991). This clustering of operators and strong informal networks facilitates a rapid transfer of skills and knowledge within the sector with a view to solving problems (ILO 1992; Sheikh 2014). Moreover, clusters of informal operators develop reputation over time that can effectively attract potential buyers and suppliers (Chapter 3; Bull et al. 2014). As shown by the country studies in this book, intermediary organizations within these clusters are said to play a strong role in improving production conditions and profitability in the informal sector. Previously, and despite operation in clusters, collective initiatives or innovation-geared activities could be considered rare. Individual initiatives by informal sector entrepreneurs with limited support from the wider institutional framework were mostly responsible for improving production conditions and the profitability of commercial activities. Some improvement has taken place in recent years, as initiatives have sought to organize workers in the informal economy to achieve economies of scale (Kawooya and Musungu 2010; Kraemer-Mbula and Wamae 2010a). For example, the Kamukunji Jua Kali Association, the first informal manufacturing association in Kenya, discussed in Chapter 3, acts as a meaningful intermediary organization, promoting joint production and improvement of processes and also helping to gain recognition of the cluster and government support for the artisans. Informal TMPs in Ghana also make efforts to form associations to address issues of mutual i n n o vat i o n i n t h e i n f o r mal e c onom y 73 interest relating to their practice. In their associations, they can socialize with peers, more experienced practitioners and experts in order to exchange ideas and information, obtain new knowledge, and advertise and promote their products (see Chapter 5 and Essegbey et al. 2014). Despite their evident positive impact, not enough is known about the forward and backward linkages between informal and formal sector actors and value chains (Kraemer-Mbula and Wamae 2010a). Backward linkages show the extent to which informal sector enterprises obtain inputs from the formal economy in the form of raw materials, technologies, intermediate products or final goods. Forward linkages show the ability of informal enterprises to supply the formal sector with intermediary or final goods, for instance, through sub-contracting. In particular, the role of formal scientific or R&D institutions in innovation activities within the informal economy is under-researched. Yet these linkages can have an important positive influence on technology diffusion and knowledge acquisition (Bhaduri and Sheikh 2013; de Beer, Fu and Wunsch-Vincent 2013). Connecting with formal organizations can facilitate links with other formal structures and related opportunities for informal actors. Sometimes, too, innovation in the informal sector occurs with the help of formal sector scientific institutions. In sum, the systematic collaboration of the informal economy with the formal sector for innovation, including with formal sector institutions such as universities or public research centers, appears to be the exception, not the norm. Promoting this collaboration is also not traditionally a declared objective of government policy. These issues are discussed in more detail in Chapter 8 of this book. Where they do take place, however, formal–informal sector interactions are bearing fruit. Recent case studies show that the networking of TMPs in Ghana with local knowledge institutions and regulatory bodies has upgraded their knowledge and stimulated innovations. Informal manufacturers in the home and personal care industry in South Africa who are able to connect with the wider innovation system are also shown to be more likely to succeed in their innovation efforts. As Kraemer-Mbula and Tau note (2014, p. 41), “88% of manufacturers that interacted with formal organizations reported a range of benefits as a result, whilst in 12% of the cases the services provided by formal organizations did not seem to suit their needs. The benefits reported ranged from using manufacturing facilities, products manufacturing training (mostly linked to those interacting with technology transfer organizations), support with book keeping, mentorship and networking with other entrepreneurs.” 74 j er e m y d e b e e r , ku n f u a n d s a c ha wun s c h -vi nc e n t In the traditional medicine sector in Ghana, for example, researchers from the Centre for Scientific Research into Plant Medicine have facilitated innovation of traditional medical practitioners by helping to develop product-testing methods and practices. A study of the agricultural subsistence sector in the United Republic of Tanzania and its interaction with the Engineering Department of the local university suggests that technological capabilities have been improved and newly acquired – though at a basic level (Szogs and Mwantima 2009). A study in Uganda shows the cross-fertilization and utilization of innovations between formal institutions, as in universities and research centers, and informal sector entities (Kawooya 2014). As described earlier, the formal sector also receives fresh ideas and inspiration from skillful and resourceful actors in the informal sector. Innovative informal sector actors are found to inspire their formal sector counterparts with new products or processes. In this sense, copying and learning is not a one-way street between the formal and the informal sector, but rather a dynamic, bi-directional process. One example is the informal sector automotive artisans and mechanics providing knowledge and practical inputs to formal university researchers in the aforementioned study in Uganda, helping them with the novel design and production of cars (Kawooya 2014). Recognizing this, some more recent policy schemes aim to increase linkages within the informal sector and also between the informal sector and formal institutions and firms. Table 2.3 synthesizes our findings about the characteristics of innovation in the informal economy based on our three case studies. Barriers to Innovation in the Informal Sector Despite their heterogeneity, informal sector enterprises face a number of common obstacles to innovation and upgrading. Evidently, constraints imposed by corruption, violence, threats to health and safety and other risks may be highly relevant, although generally beyond the scope of this book. Obstacles to technological progress in the informal economy are largely determined by infrastructure, financial, educational and skills, information and other constraints.7 7 Authors’ conclusion based on Aboagye (1986), Aftab (2012), Grimm, Knorringa and Lay (2012), IDRC (2011), Kabecha (1998) and Nordman and Coulibaly (2011). Table 2.3 Features of innovation in the informal economy – evidence from the case studies Firms and entrepreneurs Informal metalworking sector in Kenya Three types of informal enterprises are observed, over two-thirds of which employ no more than one employee: – clusters of micro-enterprises (e.g. Kamukunji) with small revenues producing mass commodity goods for low-income consumers who care mainly about the functionality of the product; – clusters of micro-enterprises (e.g. Racecourse) producing custom artworks for middle- and upper-income markets with consumers looking for better-quality products and services; – isolated small-scale enterprises founded by skilled or creative jua kali or formal entrepreneurs developing new products and seeking formal intellectual property protection. Informal manufacture of home and personal care products in South Africa A large number of newly established micro-firms and informal manufacturers are observed, essentially catering to the demand for cheap products while hiring few or no employees (e.g. one or two people) and generating only small revenues. Traditional herbal medicine in Ghana Predominantly micro or small entrepreneurs are observed serving primarily low-income households and the poor, generating low revenues and employing few employees (two people on average). Some TMPs are observed who have formalized their practice and set up larger commercial entities. Table 2.3 (cont.) Traditional herbal medicine in Ghana Most craftsmen have primary school education while some have completed secondary and even tertiary schooling. There is also some influx of workers trained in the formal sector. Fundis most often receive training from other fundis in the cluster. Some receive training from employers, relatives or friends. Few receive training from professional instructors. Education levels of informal manufacturers surveyed are high, with one-third of respondents having some tertiary education. Training is often provided by suppliers and technology transfer agencies. Many informal actors learn informally from other manufacturers, through self-training and by experimentation. Most TMPs are educated with many going beyond secondary education. Most TMPs acquire their skills for practice through apprenticeship and family traditional medicine practice. Low levels of innovation are observed in production clusters, mostly product adaptations to suit available materials, tools and skills. A moderate amount of product innovation takes place in semi-formal small enterprises and in informal clusters producing for middle- and upper-income buyers. New products are mostly developed by informal firms operating away from the large clusters without fear of their products being quickly copied. Cost reduction, customer demand and creativity of individual fundis are the primary drivers of innovation. Incremental product innovation and occasionally incremental process innovation occur in this sector. Innovation activities are largely triggered by information provided by suppliers, and thus reactive rather than proactive innovation. Proactive innovation is often based on the imitation of other formal and/or informal micro-enterprises. Some TMPs show no sign of innovation. Some micro- and small-scale practitioners adopt innovations developed by others. A more sophisticated category of informal firms carries out product, process and organizational innovations in healthcare delivery. Drivers of innovation are policy and regulation in the public health sector, competition with domestic and imported traditional medicine products, market demand and the entrepreneurial spirit of the informal sector. Lack of machinery and adequate technology are common in this sector. Less advanced production technologies, simple tools and basic material are prevalent among informal micro-enterprises producing mass commodity goods. Informal metalworkers targeting middle- and upper-income markets have access to specialized suppliers for tools, hardware and materials producing products with better quality and novelty. Innovative enterprises have sufficient cash flow to support the development process. Informal manufacturers mainly rely on manual techniques and production processes. Owing to the lack of capital, informal manufacturers use rather basic equipment. The use of sophisticated technology and equipment is reserved to a minority. Lack of machinery and equipment is a major limitation on innovation. There is a medium to high rate of technological progress in production. Some old modes of production are giving way to modern machinery and scientific equipment. Most respondents are self-reliant financially with little help to accumulate capital to finance new tools and materials. Business in certain clusters (e.g. Kamukunji) relies heavily on networks and collaboration underpinned by trust-based relationships and the sharing of resources within the cluster. Informal entrepreneurs rely on collaboration and the exchange and sharing of ideas with other informal manufacturers to innovate. A sense of To a lesser extent, linkages with formal sector firms also matter. Producers in other clusters (e.g. Racecourse) rely less on collaboration and openness but share resources when needed. These firms have more access to formal training, financing and suppliers. Innovative informal actors often have a network of support organizations and intermediaries edge exchange. About half of the respondents interact with formal or semi-formal organizations to access opportunities and innovate. Knowledge is acquired from both formal sources such as suppliers, technology transfer agencies, business incubators, associations and networking initiatives A strong tradition of knowledge-sharing underpins innovation in the traditional medicine sector. TMPs join local, national and international associations to foster networking and facilitate the flow of knowledge. TMPs reach out to local knowledge institutions, regulatory bodies and other intermediaries to upgrade their knowledge. Universities and research institutions promote innovation by upgrading the knowledge base and by investing in human resource. Knowledge flows and oration Technology, capital, and capability Education and training Informal manufacture of home and personal care products in South Africa Imitation, adaptation, and innovation Informal metalworking sector in Kenya Table 2.3 (cont.) Informal metalworking sector in Kenya Informal manufacture of home and personal care products in South Africa (e.g. the Kenya Industrial Property Institute and the Center for Intellectual Property and Information Technology). Via associations, sharing is encouraged by holding meetings and by intervening when a member works in secrecy. The government shows support for informal enterprises by encouraging partnerships with the formal sector, e.g. via incentives for vendors that partner with informal microfirms. and informal sources such as experimentation, self-training and apprenticeship. Formalization through business registration is usually required in order to access support from government in the form of funding, training and access to technology. As a result existing policies are not always available to spur knowledge creation and diffusion. Source: Authors based on Chapters 3–5. Traditional herbal medicine in Ghana Most TPMs surveyed want to team up with somebody to commercialize their enterprise on a large scale. The Ministry of Health formulates relevant policies and programs to encourage knowledge-sharing and further innovation in the TM sector. i n n o vat i o n i n t h e i nf o r mal ec onom y 79 In terms of infrastructure, the most important constraints are a lack of space and infrastructure to expand operations coupled with inconsistent energy supply and other factors. In terms of financial constraints, informal sector actors face capital market imperfections as lenders are risk averse and uncertain about lending to them, meaning they face pressure to achieve immediate return. In terms of educational and skills constraints, informal sector operators often have insufficient education, skills and knowledge, and classic training organizations are geared to supplying their services to formal enterprises only. At times, informal sector operators lack the ambition and skills to successfully operate and grow their business, with the focus being mainly on ensuring subsistence. Also, informal entrepreneurs often face information constraints, in that information about new products and processes, new machinery or tools, or changes in market demand does not reach them. Institutional constraints pose severe limitations on informal economy operators. For one thing, there is often a lack of government support and policy measures aimed at stimulating and facilitating innovation in the informal economy. Social constraints also matter greatly. Informal entrepreneurs are often obliged to share their profits with a family or extended network or to invest in informal collective social insurance schemes, often discouraging them from developing their business in the first place. Many also find themselves obliged to employ family members, sometimes counteracting efforts to have the right skills levels in place, and further diverting time and pecuniary resources from investing in more appropriate infrastructure, machinery or innovation more broadly. It is worth noting that these characteristics of, and barriers to, innovation are not unique to the informal economy in developing countries. Formal enterprises also often operate far from optimal efficiency and have few differentiated products. Important market failures relating to economies of scale and externalities present high barriers to innovation for formally established firms too. Conclusion Frequently, innovation in the informal economy takes place in clusters that facilitate the flow of knowledge and technology via simple exchanges of ideas. Depending on the sector in question and the appropriation methods applied, entrepreneurs imitate and copy products from each 80 j e r e m y de beer , kun f u an d s acha wu nsc h- vinc ent other, from local formal and informal industries and from imported products. Labor migrates from the formal to the informal sector, and vice versa, facilitating the transfer of knowledge. Apprenticeships and on-the-job learning are common in the informal economy and facilitate the intergenerational transmission of knowledge and technology. Apprentices with sufficient skills or resources tend to open their own operations in close proximity to their “master,” and often copy the master directly. In sectors that rely on traditional knowledge, oral transmission helps to preserve and transmit knowledge from generation to generation and within family or other social groups. A few exceptions aside, there is less evidence to show that clusters rely directly on knowledge from formal public research centers or other educational institutions. This indicates that the linkages between informal and formal public actors are underdeveloped. However, where a connection is made and interaction takes place, the benefit for informal firms is substantial. Innovation in the informal economy exhibits the following main characteristics: • Large amounts of constraint-based innovations take place under conditions of survival, scarcity and constraints to address mostly the needs of less-affluent customers. There are, however, cases of innovative products in the informal economy that are distributed to highincome customers and overseas markets. • Innovations are rarely driven by R&D but are often driven by knowledge gained through adopting, adapting and improving available good ideas, best practices and technologies in novel and economic ways to solve customer problems. • Incremental rather than radical innovations are the main source of innovative performance. Sophisticated technologies and machinery are rarely used. Adapting imported products or those from the formal mainstream market to simple tools and material available locally is a popular conduct of innovation in the informal economy. • Innovations in the informal economy have various connections with the formal sector. Knowledge, skill, capital, people and other types of resources can sometimes flow both ways. • Innovations in the informal economy often take place in geographically concentrated regions in a collaborative manner. This way of organizing production and innovation helps entrepreneurs in the informal economy build their collective identity and product brand. i n n o vat i o n i n t h e i n f o r ma l e c onom y 81 • Innovations in the informal economy are not only economically viable but also socially influential as they often affect a large share of population involved in the innovation system and value chain. • The copying of ideas is rapid. Partly this is due to a lack of effort or methods to appropriate techniques, designs and final outputs. Sharing knowledge within clusters/communities is also the social norm in many cases, encouraged and supported by the local culture. Importantly, much of the evidence garnered in this chapter relies on studies covering mainly goods-producing sectors. The focus is largely on innovation in the agricultural and manufacturing sectors. This somewhat neglects the fact that innovation also occurs in the service sectors such as construction, wholesale and retail trade, transportation, food service and other service activities.8 Technological capabilities, the type and sophistication of innovation and relevant horizontal lessons generated with respect to firm characteristics, learning, knowledge creation and diffusion are potentially different in the service sector. Finally, traditional knowledge practices of indigenous peoples and local communities exist, which are often discussed separately from the informal economy (see Drahos and Frankel 2012; Finger and Schuler 2004; and the treatment in Chapter 6). Studies of these practices and communities that aim at deciphering innovation activities and impacts and the subsequent development of traditional knowledge may also need to be undertaken as part of future innovation research. References Aboagye, A.A. 1986. 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The study of the informal economy has its origins in the developing world and was largely confined to studies of developing economies for many decades (Hart 1973). However, a burgeoning literature has recently revealed the persistence of the informal economy in the western world. Although the informal economy accounts for a larger proportion of GDP and a greater proportion of the workforce in the developing world than in the western world (Schneider 2008, 2013; Williams 2015), estimates nevertheless suggest that the informal economy is equivalent to about 16 percent of GDP in OECD countries (Schneider and Williams 2013; Williams 2014b) and that about 5 percent of the population annually work in the informal economy (Williams 2014a). In the early literature studying the informal economy in the western world, such endeavor was largely represented as low-paid waged work conducted under “sweatshop-like” conditions (Castells and Portes 1989; Benton 1990). Indeed, even discussions of informal self-employment depicted it as “precarious” or “false” self-employment arising as a result of advanced capitalism sub-contracting and outsourcing to the informal economy as a cost-reduction strategy (Gallin 2001; Davis 2006). Based on this negative depiction, the policy approach advocated was its eradication (Williams 2014a). Following the turn of the millennium, however, this view and the resultant policy approach have begun to be challenged. Grounded in recognition that the vast majority of informal economic activity in western economies is conducted on an own-account basis (European Commission 2014; Williams 2014a), such activity has been re-read as entrepreneurial endeavor and as constituting a “hidden enterprise culture” (Williams 2006, 2014c). The result has been a new sub-field of entrepreneurship scholarship focused on “informal sector entrepreneurship” that has sought to understand the role played by the informal co mmen t 2. 1 co l i n c. william s 89 economy in business start-ups (Williams and Martinez-Perez 2014a, 2014b): who engages in such endeavor (Small Business Council 2004; Williams 2008), what types of activity are conducted (Williams 2007; Dellot 2012; Barbour and Llanes 2013) and the motives for participating in entrepreneurship in the informal economy (Snyder 2004; Williams 2010). One outcome has been a shift in policy approach. Rather than pursue its eradication, much of the literature and many western governments are now seeking to harness this sphere (European Commission 2007; Williams and Nadin 2013, 2014; OECD 2014; Williams 2014b). The current chapter is part of this shift. One useful way to understand what is happening is to recognize that in conceptual terms the binary hierarchy between the formal and informal economy is being deconstructed. For Derrida (1967), western thought is characterized by a hierarchical binary mode of thinking that, first, conceptualizes objects/identities as stable, bounded and constituted via negation (e.g. the formal and informal economy) and, second, reads the resultant binary structures in a hierarchical manner whereby the first term in any dualism (the superordinate) is endowed with positivity (in this case, the formal economy) and the second term, the subordinate (or subservient) “other,” with negativity (the informal economy). The outcome is to establish a relation of opposition and exclusion, rather than similarity and mixture, between the two sides and to overlay onto it a normative narrative of “progress” that privileges the superordinate “us” over the subordinate “other.” This lens is a useful heuristic device for viewing both the way in which the concept of the informal economy has evolved and analyses of it like the one in this chapter. It becomes immediately obvious that much of literature over the past three decades or so in the western world has been contesting the binary hierarchy between formal and informal economy and that this chapter is part of that process. Conventionally, the informal economy was viewed as a residual and marginal sphere, as separate and discrete from the formal economy, and as a negative phenomenon. All these elements reflect its position as a subordinate other in the formal/informal economy binary hierarchy. The literature on the informal economy in the western world over the past few decades has been deconstructing this conventional binary hierarchical depiction. It has shown that the informal economy is persisting and even growing in the western world, that the formal and informal economies are not discrete and separate realms and that the boundaries are often blurred (for example, formal firms conducting a portion of their 90 j e r e m y de beer , k un f u an d sa ch a w u n s c h- v i n c en t trade off the books); and attempts have been made to revalue the “subordinate” status of the informal economy such as by showing how it is a hidden enterprise culture. The identification of innovation in the informal economy continues in this tradition. It is part of this broader process of deconstructing the conventional binary hierarchy. This signals the way forward and also the barriers that need to be addressed when seeking to represent the informal economy as a source of innovation. Innovation is itself the superordinate term in an innovation/non-innovation binary hierarchy, and this chapter and the book of which it forms part represent an attempt to break the close association between two superordinate terms (the formal economy and innovation) and two subordinate terms (the informal economy and non-innovation). To do this, however, one cannot simply apply the superordinate term of innovation to the subordinate term of the informal economy. The innovation/non-innovation binary hierarchy itself needs to be deconstructed. This chapter begins to do so by questioning what constitutes innovation, such as when the authors note that there is more adaptation and imitation than original invention in the informal economy. The problem remains that the innovation/non-innovation binary hierarchy is closely associated with many other binary hierarchies such as export production/local production, productive/unproductive, formal/ informal skills and external/local markets. To assert that a superordinate term in one binary hierarchy (innovation) is associated with a subordinate term in another binary hierarchy (the informal economy) requires us to question the normative values attached to superordinate and subordinate terms in many other binary hierarchies. This is perhaps the biggest challenge now confronting those asserting that the informal economy is a source of innovation. It requires the re-valuing of many other subordinate terms (for example, local production, local markets, informal skills) and the de-valuing of many superordinate terms (for example, export production, external markets, formal skills). Unless this is done, then perhaps the inevitable outcome will be to show only that the informal economy is lacking in innovation relative to the formal economy. References Barbour, A. and Llanes, M. 2013. Supporting People to Legitimise Their Informal Businesses. York, Joseph Rowntree Foundation. co mmen t 2. 1 c o l i n c. william s 91 Benton, L. 1990. Invisible Factories: The Informal Economy and Industrial Development in Spain. New York, State University of New York Press. Castells, M. and Portes, A. 1989. “World underneath: the origins, dynamics and effects of the informal economy,” in Portes, A., Castells, M. and Benton, L.A. (eds.) The Informal Economy: Studies in Advanced and Less Developing Countries. Baltimore, John Hopkins University Press. Davis, M. 2006. Planet of Slums. London, Verso. Dellot, B. 2012. Untapped Enterprise: Learning to Live with the Informal Economy. London, Royal Society of the Arts. Derrida, J. 1967. Of Grammatology. Baltimore, John Hopkins University Press. European Commission 2007. Stepping Up the Fight against Undeclared Work. Brussels, European Commission. European Commission 2014. Special Eurobarometer 402: Undeclared Work. Brussels, European Commission. Gallin, D. 2001. “Propositions on trade unions and informal employment in time of globalization,” Antipode 19(4): 531–49. Hart, K. 1973. “Informal income opportunities and urban employment in Ghana,” Journal of Modern African Studies 11(1): 61–89. OECD 2014. Policy Brief: Informal Entrepreneurship. Paris, OECD Publishing. Schneider, F. (ed.) 2008. The Hidden Economy. Cheltenham, Edward Elgar. Schneider, F. 2013. “Size and development of the shadow economy of 31 European and 5 other OECD countries from 2003 to 2013: a further decline,” available at www.econ.jku.at/members/Schneider/files/publications/2013/ ShadEcEurope31_Jan2013.pdf. Schneider, F. and Williams, C.C. 2013. The Shadow Economy. London, Institute of Economic Affairs. Small Business Council 2004. Small Business in the Informal Economy: Making the Transition to the Formal Economy. London, Small Business Council. Snyder, K.A. 2004. “Routes to the informal economy in New York’s East Village: crisis, economics and identity,” Sociological Perspectives 47: 215–40. Williams, C.C. 2006. The Hidden Enterprise Culture: Entrepreneurship in the Underground Economy. Cheltenham, Edward Elgar. Williams, C.C. 2007. “The nature of entrepreneurship in the informal sector: evidence from England,” Journal of Developmental Entrepreneurship 12(2): 239–54. Williams, C.C. 2008. “Beyond ideal-type depictions of entrepreneurship: some lessons from the service sector in England,” The Service Industries Journal 28(7/8): 1041–53. Williams, C.C. 2010. “Spatial variations in the hidden enterprise culture: some lessons from England,” Entrepreneurship and Regional Development 22(5): 403–23. 92 j e r e m y de beer , kun f u an d s acha wu nsc h- vinc ent Williams, C.C. 2013. “Evaluating cross-national variations in the extent and nature of informal employment in the European Union,” Industrial Relations Journal 44(5–6): 479–94. Williams, C.C. 2014a. Confronting the Shadow Economy: Evaluating Tax Compliance and Behaviour Policies. Cheltenham, Edward Elgar. Williams, C.C. 2014b. “Out of the shadows: a classification of economies by the size and character of their informal sector,” Work, Employment and Society 28(5): 735–53. Williams, C.C. 2014c. Informal Sector Entrepreneurship: A Background Paper. Paris, OECD Publishing. Williams, C.C. 2015. “Out of the margins: classifying economies by the prevalence and character of employment in the informal economy,” International Labour Review 154(3): 1–18. Williams, C.C. and Martinez-Perez, A. 2014a. “Do small business start-ups test-trade in the informal economy? Evidence from a UK small business survey,” International Journal of Entrepreneurship and Small Business 22(1): 1–16. Williams, C.C. and Martinez-Perez, A. 2014b. “Is the informal economy an incubator for new enterprise creation? A gender perspective,” International Journal of Entrepreneurial Behaviour and Research 20(1): 4–19. Williams, C.C. and Nadin, S. 2013. “Harnessing the hidden enterprise culture: supporting the formalization of off-the-books business start-ups,” Journal of Small Business and Enterprise Development 20(2): 434–47. Williams, C.C. and Nadin, S. 2014. “Facilitating the formalisation of entrepreneurs in the informal economy: towards a variegated policy approach,” Journal of Entrepreneurship and Public Policy 3(1): 33–48. co mment 2.2 f red g ault 93 COMMENT 2.2 fred gault UNU-MERIT and TUT-IERI This chapter introduces a new field of research, the study of innovation in the informal economy. It goes beyond the literature on the informal economy as an object of study and literature on entrepreneurship that does address the informal economy, but not so much the role of innovation. The literature on national systems of innovation has concentrated on developed and formal economies, although there are efforts to look at innovation systems in the context of development (Lundvall, Joseph, Chaminade and Wang 2009). To fill this gap, the chapter looks at the characteristics of innovators, the types of innovations and the differences between innovation in the informal and the formal economies. Significantly, it does this in a way that supports measurement of the activities through surveys and case studies. This draws on experience of measuring the introduction of new or significantly improved goods or services onto the market (formal or informal) and the development of new or significantly improved processes that get goods or services to market in a better way (the transformation of inputs into outputs and their delivery, the organization of the business and the use of business practices, and the development of existing markets or the discovery of new ones). While these four types of innovations – product (goods or services) and three types of processes – are found in the Oslo Manual, the Manual also observes that “informality is not a favorable context for innovation” (OECD/Eurostat 2005, p. 137). But the authors of this chapter show that innovation does happen in the informal sector and that its characteristics can be identified. What is different in the informal sector is the emphasis on problemsolving and learning by doing, interacting and using rather than the formal generation of knowledge through R&D, leading to new products and processes and the protection of intellectual property through formal instruments. Skills, absorptive capacity for knowledge and technological capabilities are limited, and “firms” are small, yet there is innovation that goes beyond just innovation for survival. This raises a number of issues that need to be understood in order to develop our understanding of innovation in the informal economy. How big are the entities that engage in innovation? What are they? What 94 j er e m y d e b e er , ku n f u a n d s a ch a w u n s c h- v i n c e nt linkages exist between them and other groups and institutions, both formal and informal? What characteristics does the market have (if indeed there is a market)? And what are the implications of all this for policy? The fieldwork reported in this book finds that the bulk of firms in the informal economy are micro-firms that may just be a means of surviving for the entrepreneurs; then come the “constrained gazelles” with limited resources; and then the few high-growth firms. Such a classification supports a differentiation of the analysis of the dynamics of firm activity in the informal sector. Of course, this distribution of firm size is also found in developed and formal economies, where 90 percent of firms will have fewer than twenty employees and the activity of innovation is size-dependent: generally large firms have a higher propensity to innovate. However, there is a question about what is a firm in the informal sector. It could be a sole proprietorship, a family group, a faith group or some other group whose members have a reason for coming together to engage in an economic activity. As the group operates in the informal economy, it is unlikely to be registered and it is difficult to study using conventional survey methods. While formal firms sell to markets at economic prices, informal firms may be motivated by other things – providing employment to the community or serving some other element of the common good. This brings the concept of “market” into question, and that is an issue in measuring innovation. For there to be innovation, the Oslo Manual requires that the new or significantly improved product be put on the market or that the new or significantly improved process (of any of the three types discussed) gets product to market in a better way (see Chapter 8 of this book). This question of the role of the market does not just arise in the informal economy, it is present when dealing with public sector activities; these may be identical to the innovation activities specified in the Oslo Manual, but, when it comes to the activity of innovation, the connection with the market is not there. The same problem arises when consumers modify goods or services to meet their own needs, as they do not bring their product to market and, in spite of an extensive literature on “user innovation” (von Hippel 2005), the consumers are not innovators according to the Oslo Manual. The discourse around public sector innovation (Bloch 2013) and consumer innovation (de Jong and von Hippel 2013) led me to suggest co mment 2.2 f red g ault 95 that the phrase “introduced on the market” in paragraph 150 of the Oslo Manual be replaced by “made available to potential users” (Gault 2012). This would allow an institution in the public sector to be classified as an innovator, and the same would hold for consumers so long as they share the product or knowledge of the product with potential users. I raise the point again here as it also has applications in the study of the informal economy when the “innovation” is transferred through non-market transactions. Firms or groups of like-minded people can innovate and can make their product available. As in the formal economy, they are actors in a system, where the firm interacts with other firms and consumers and is acted upon by framework conditions that may present barriers or opportunities for the firm to thrive. Understanding these linkages with other institutions and accounting for education and skills, culture, health and history is part of understanding an innovation system, and innovation systems are present in informal economies just as they are in the formal economy. The actors may be smaller, the human and financial resources more limited, and the barriers greater, but the actors engage in their activities and are influenced by their linkages, giving rise to short-term outcomes and longer-term social and economic impacts. Understanding this is part of the creation of a subject that addresses innovation in the informal economy, and which studies the science of innovation policy (Gault 2011). At this point, one might ask why this subject is being created and what use the new knowledge created will serve. The response is the generation of better policies to promote innovation in the informal economy – or at least not get in its way. Such policy matters and grows in proportion to the amount of GDP generated by the informal economy. Without policy dealing with innovation in the informal economy, there is a risk of “misleading, asymmetrical or ineffective innovation strategies” (Kraemer-Mbula and Wamae 2010). This provides substantial justification for the creation of a new subject dealing with innovation in the informal sector, and this chapter is a step in that direction. References Bloch, C. 2013. “Measuring innovation in the public sector,” in Gault, F. (ed.) Handbook of Innovation Indicators and Measurement. Cheltenham, UK and Northampton, MA, USA, Edward Elgar, pp. 403–19. 96 j e r e m y de beer , kun f u an d s acha wu nsc h- vinc ent de Jong, J.P.E. and von Hippel, E. 2013. “User innovation: business and consumers,” in Gault, F. (ed.) Handbook of Innovation Indicators and Measurement. Cheltenham, UK and Northampton, MA, USA, Edward Elgar, pp. 109–32. Gault, F. 2011. “Developing a science of innovation policy internationally,” in Husbands Fealing, K., Lane, J.I., Marburger III, J.H. and Shipp, S.S. (eds.) The Science of Science Policy: A Handbook. Palo Alto: Stanford University Press, pp. 156–182. Gault, F. 2012. “User innovation and the market,” Science and Public Policy 39: 118–28. Kraemer-Mbula, E. and Wamae, W. 2010. Innovation and the Development Agenda. Paris, OECD Publishing. Lundvall, B-A., Joseph, K.J., Chaminade, C. and Wang, J. (eds.) 2009. Handbook of Innovation Systems and Developing Countries: Building Domestic Capabilities in a Global Setting. Cheltenham, Edward Elgar. OECD/Eurostat 2005. Oslo Manual: Guidelines for Collecting and Interpreting Innovation Data, third edition (The Measurement of Scientific and Technological Activities). Paris, OECD Publishing. von Hippel, E. 2005. Democratizing Innovation. Cambridge, MA, MIT Press. co mmen t 2. 3 xi ao l an fu 97 COMMENT 2.3 xiaolan fu University of Oxford This chapter prompts us to ask whether innovation is relevant for the informal economy in developing countries. Innovation will be low on most people’s list of priorities when they think about issues facing poorer nations, and especially when they think about the informal sector. Other concerns spring more readily to mind: food security, water, health and the prevention of conflict. Innovation may seem like a luxury by comparison, something countries can afford only once they have transcended issues of survival. But this attitude is probably outdated. Innovation and technical progress can provide fundamental solutions to the major challenges facing low-income countries, such as poverty reduction, coping with environmental and resource constraints and sustainable development. Innovation does not have to be a luxury. Sometimes it requires neither hitech research labs nor expensive equipment but more small-scale, smart changes to processes and products driven by people on the ground. Moreover, innovative capacity in low-income countries is important in increasing their inward technology transfer. Technological innovation is a key element of industrialization and catch-up in developing countries and has traditionally been concentrated in a few developed countries and among a small number of firms. Foreign sources of technology account for a large part of productivity growth in most countries, and the development process in lower-income countries can be supported by tapping into existing knowledge and know-how. Innovative capacity in lowincome countries becomes critical for the successful transfer and adaptation of knowledge. Yet several constraints and obstacles prevent firms from innovating. Nicely complementing the findings of this book, a project cofounded by the UK’s Department for International Development (DFID) and the Economic and Social Research Council (ESRC) on “The diffusion of innovation in low-income countries” (DILIC) carried out a survey of 500 formal and informal firms in Ghana in 2013 aiming to understand the form, nature and source of innovations in a lowincome country (Fu et al. 2014). The survey generated the following findings: 98 j e r e m y de beer , kun f u an d s acha wu nsc h- vinc ent • Innovation occurs within a wide spectrum of sectors in the economy. Firms in both the formal and informal sectors in Ghana undertake relevant innovation activities, in both technological and nontechnological fields. • Most research on the subject looks at the number of patents registered or R&D expenditure to see if innovation has occurred, but in lowerincome countries such measures often miss the point completely. In fact – and as the authors of this chapter recognize – most innovations in low-income countries are incremental in nature, demand driven and mainly based on learning, adoption and adaptation. In other words, they are adoptions and adaptations diffused mainly within a country. • The Ghana study found numerous instances of African entrepreneurs discovering ingenious new ways to turn a profit. Their talent for remodeling old car wheels into cooking stoves, developing ways to preserve fresh mushrooms with the help of local universities, designing amazing fashions from local textiles or making delicious food products from the most humble ingredients – to name just a few examples – is much more than just a local curiosity. • Mostly innovations constitute “appropriate technology” and processes in or for the base of the development pyramid. In other words, innovation must be appropriate in its economic and technical aspects and also socially appropriate for the characteristics of a given lowincome country. It thus addresses the constraints around resources, skills institutions, affordability and accessibility in the country. • Innovations in Ghana mainly originate and spread within Ghana, especially when innovation occurs in the informal economy. Some (mainly formal) firms source innovations directly from a range of foreign countries, they adapt and localize them and then those localized innovations are diffused through various business and social networks, industry associations and supply chains to the rest of the economy and the informal sector. • International knowledge is mainly acquired via imports, the Internet and multinational enterprises in the same industry, as well as by participating in export markets. Innovations originated by foreign firms are more novel than those achieved by local firms, suggesting potential knowledge and technology spillovers from the foreign entity to local actors. • The current role of universities and research institutions in innovation creation and knowledge transfer appears to be limited. co mmen t 2. 3 xi ao l an fu 99 • Firms have scarce knowledge of government policy instruments in place to support innovation. In sum, the Ghana research suggests that firms in low-income countries are innovative, but also very largely unsupported. Too often in lowincome countries, and in the informal economy in particular, innovations are not recognized and innovation efforts in the firms are not properly supported, for example, by mitigating financial and labor skills constraints (see also Chapter 7 of this book). New thinking and policies to recognize and support innovation are required in these countries to help support long-term growth and development. Innovation needs to be redefined to be more relevant to the informal sector: based not so much on R&D but on the diffusion of ideas and learning. Better metrics are also required to more accurately measure innovation in this sector (see Chapter 8 of this book). A theory of how innovation is created and diffused in the informal sector should be developed, helping to create a road map to help upgrade capability in this sector. We also need to better understand the role of networks and clusters in facilitating knowledge transfer among firms in the informal sector and in building greater network-based production capacity within the sector. Finally, we need to investigate how government policies can effectively help firms in the informal sector to address resource, capability and institutional constraints, and so greatly stimulate creativity and dynamism in the informal economy. This book is an important step in the right direction. References Fu, X., Zanello, G., Essegbey, G., Hou, J. and Mohnen, P. 2014. Innovation in Low-Income Countries: A Survey Report for the Diffusion of Innovation in Low-Income Countries Project (DILIC). DFID-ESRC Growth Research Programme, University of Oxford. Thai, M.T.T. and Turkina, E. 2012. Entrepreneurship in the Informal Economy: Models, Approaches and Prospects for Economic Development. New York and London, Routledge. 3 A Study of the Informal Metalworking Sector in Nairobi christopher bull, steve daniels, mary kinyanjui and barrett hazeltine Introduction This chapter presents an understanding of the flow of innovations through Kenya’s informal metalworking sector and how appropriation mechanisms (both conventional and unconventional) regulate that flow. We examine the activity around intellectual property in the sector and identify sources and conduits of innovation and factors that promote or inhibit the dissemination or adoption of new ideas. This chapter complements the two other case studies in South Africa and Ghana presented in Chapters 4 and 5. In Kenya, informal manufacturers are relevant not only economically but also culturally. Known as jua kali (Kiswahili for “hot sun”), their contributions pervade all parts of society, from the built environment to music, and many take pride in this work as an identity. Originally reserved only for makers, or fundi, the term now applies to all informal workers. We use the word fundi frequently to identify a craftsperson or skilled worker and the phrase jua kali to include not just the skilled workers but also traders, brokers, trainees and casual laborers within the informal economy. Kenneth King was one of the first to gather the stories of jua kali and their social, technical and political environment, which he published in his book Jua Kali Kenya: Change and Development in an Informal Economy, 1970–95 (King 1996). Our work focuses on informal activity within Nairobi, with detailed data obtained for a cluster of metalworkers in an area known as Kamukunji. The products manufactured in Kamukunji are commodities (cooking stoves, pots, pans, wheelbarrows and metal boxes) sold to the low-income population in Kenya and are representative of goods 100 a st u d y o f t h e i n f o r mal met al working s ec tor 101 produced in other metalworking clusters in Nairobi. Beyond the makers and business owners, the cluster includes Association officers (who are also active in production), input suppliers, trainees (who typically pay the fundi or business owner for training) and brokers (on and off site) who bring together producers and buyers. Surveys, interviews, field observation and photographic documentation were combined to describe conditions and serve as the basis for our analysis. Fieldwork includes photographic documentation of the cluster and the street to illustrate the range of products, the variations in detail of specific products and the formal-to-informal adaptation of products that takes place. In documenting innovation in Nairobi’s metalworking sector (whether through photography or interviews), we specifically sought out cases where products were originated or improved, new manufacturing processes were adopted or copyrightable stylistic changes were made to a product. This included incremental innovations that were new to a particular firm or cluster. The Informal Metalworking Sector: Key Features The Informal Economy of Kenya The informal economy is a vital job creation engine in Kenya. The most recent national survey (Kenya National Bureau of Statistics 1999) estimates that the sector employs 72 percent of the non-agricultural workforce. Data from the Kenya Integrated Household Budget Survey of 2004/ 2006 indicate that 61 percent of the non-agricultural urban workforce is informal (Budlender 2011). Another study (Kenya National Bureau of Statistics 2009) estimates that the sector contributes over 90 percent of new jobs each year. The informal economy is also a valuable contributor to GDP at 34 percent (Kenya National Bureau of Statistics 1999). More recent estimates put the GDP contribution of the informal sector at about 20 percent (Ouma et al. 2007), which is still a very significant portion. More than one-third of the informal workforce is urban, with the densest concentration in Kenya’s capital, Nairobi. Here, due to colonialera segregation, most informal workers can be found in the Eastlands, an area where industry continues to expand. While informal industry can be found anywhere, including residential zones like Kibera and Kawangware, the most productive businesses are usually organized in industry-based clusters of mixed manufacturing and trade. The positive 102 ch ri s top h e r b ul l e t a l. effects of cluster organization on industry growth, both informal and formal, are well documented (Kenya National Bureau of Statistics 1999), but we also find clusters to be loci of ideas. Clusters of businesses can be known for particular products and designs, reflecting a type of specialization. Those working in a particular segment (for instance, artwork or auto parts) tend to cluster in certain geographic locations. The informal metalworking sector in Nairobi produces products and services ranging from automotive repair and customization, consumed by the local market, to commissioned sculptures destined for hotels in Europe. The Role of Metalworking While employing a small portion of the informal workforce (18 percent, according to the Kenya National Bureau of Statistics [1999]), the manufacturing sector is highly productive and particularly relevant to the domestic and regional populations. Most informal manufacturers sell locally or within East Africa, and, whether due to price or adaptation of product design, certain segments of the market find these products more accessible than imported alternatives. And while some clusters produce commodity products for the so-called bottom of the pyramid consumers, like the metal boxes described below, others make furniture, art and architectural elements for middle- and upper-income local and foreign markets. Some clusters produce items for other businesses, including fabricating inputs for more sophisticated manufacturers. Among the major manufacturing sectors – metalwork, woodwork and textiles – metalwork has a particularly rich history. Metalworking has been centralized in the Kamukunji jua kali cluster since Kenya’s independence in 1963 due to its proximity to the Machakos bus station, which allows for easy distribution of products to the rest of the country (see Figure 3.1). The founding entrepreneurs were reportedly highly skilled workers moving from the formal sector (Kinyanjui 2008), but mainly unskilled labor followed, giving rise to Kamukunji’s apprenticeship system and its reputation as an informal training center. Owing to the lack of machinery, skills narrowed over time. The Kamukunji Jua Kali Association was unofficially founded in 1984 to represent the artisans working there. This marked Kenya’s first informal manufacturing association, which thrives today. In 1986, the cluster was recognized by the government following a visit from President Daniel Moi, who promised “shades” to provide workplaces out of the sun. The Association was formally registered in 1992 (Kamukunji Jua Kali Association 2013). Figure 3.1 Kamukunji cluster is outlined to the east (right) and Machakos bus terminus is outlined to the west (left). Source: Google Earth, September 2013, modified by authors. 104 ch ris top h er b ul l et al . President Moi made good on his promise, providing three long, narrow shades (about 70 m × 7 m) arranged parallel to each other with about 20 m between them (outlined to the right in Figure 3.1). The shades have corrugated metal roofs and timber frames and are open beneath the roof. Originally constructed to house about 375 artisans, each shade was subdivided into sheds of about 40 m2, with ten artisans settled in each shed. Over time, the sheds have been further subdivided and added to, so that the 20 m separating the sheds, as well as the surrounding area, has largely been roofed. There are footpaths wide enough to get goods in and out, but too narrow for cars or trucks. This means that deliveries come to the perimeter and are loaded onto hand trucks or trolleys to traverse the cluster. By 2013, the Association had about 4,000 members, and the population in the cluster is estimated to be about 5,000 artisans, business owners, suppliers, brokers and service providers (Kamukunji Jua Kali Association 2013). Smaller clusters have emerged around Nairobi. These are often populated with “graduates” of Kamukunji; the workers are highly skilled and the premises more established. Of note are the Racecourse cluster of furniture- and art-makers, the Gikomba furniture-makers and the Kariobangi cluster of machine-makers. Table 3.1 lists the types of businesses we studied and the specific representative organizations that took part along with the markets served and the priorities of each market. Demographic Profile of Survey Respondents Our survey was administered to fifty-three Kamukunji cluster members, selected by interviewers with the objective of including those occupying different positions. Of those surveyed, 32.1 percent (seventeen) were fundi workers (who were hired by others to produce goods), 20.8 percent (eleven) were fundi owners (who hire others), 37.7 percent (twenty) were non-fundi business people (who contract fundi) and 9.4 percent (five) were fundi business owners (who did not hire others). Since not all of the survey questions are applicable to all respondents, the number of respondents varies depending on the question. The respondents include forty-three males and ten females. They reported completing formal education from preprimary (1.9 percent), primary (43.4 percent), secondary (34 percent), college (18.9 percent) to university (1.9 percent). Once they join the cluster, members tend to stay: 58 percent have been members for more than ten years and 92 percent have been members for five years or more. Table 3.1 Producers taking part in this case study Type Represented by – in this case study Method of study Market Market’s first priority Market’s second priority Commodity cluster Furniture cluster Kamukunji Gikomba, Racecourse Low income Middle income Low cost Visual appeal Functionality Functionality Middle and high income Visual appeal Quality Housemark Survey, interview Interview in prior work (Daniels 2010), revisit during this study (Osanjo 2010) Interview in prior work (Daniels 2010), revisit during this study Interview Artwork cluster Racecourse Non-cluster worker/ business 1 Non-cluster worker/ business 2 Visual appeal Quality Simply Logic Interview Middle and high income Lower middle income Functionality Low cost Figure 3.2 Metal boxes, ready for sale. They are used primarily for secure storage by students at boarding schools. Photo: S. Daniels. a st u d y of t he i n f o r mal met al working sec tor 107 Of the fundis hired for production, 77 percent stay with an enterprise for a year or more, 3 percent for six months and 19 percent work on a casual or as-needed basis. Most of the owners (twenty-four of thirtyone) pay piecework, and the amount for each piece depends on the complexity or typical fabrication time. The rest of the owners pay day wages. When owners hire, their first concern is the skill and experience of the fundi, with preference given to those who demonstrate that they have made a similar product before and that their work is of high quality. Reputation, honesty, trustworthiness and willingness to learn are frequently mentioned as qualifications. It is rare that someone from outside the cluster is hired for production, so most fundis are known to those hiring. Training usually happens in the cluster (as seventeen of twenty-four report), with trainees paying fundis or business owners for their training. The process generally takes three to six months, with two weeks being the shortest and two years being the longest reported. Products Manufactured in the Kamumkunji Cluster The manufacturers in the cluster produce commodity goods bought by those who cannot afford or choose not to buy similar imported items. Figure 3.3 shows the distribution of goods. Responses to "What types of products do you make?" Boxes Pot or Sufuria Jiko Wheelbarrow Chip warmer Chip cutter Popcorn maker Trolley 0% 5% 10% 15% 20% 25% Frequency 30% 35% 40% Figure 3.3 Products manufactured by interviewees in Kamukunji (n = 84; businesses produce more than one product). Source: Fieldwork of authors in 2013. 108 ch ri s top h er b ul l e t a l. In the cluster, twenty of the fifty-three respondents produced metal boxes (used by primary and secondary boarding school students for secure storage). Figures 3.2 and 3.4 show typical products. The size and shape is relatively uniform across producers; there is some variation in design elements (color, stenciling) and in the quality of manufacture and finish – in an earlier study, Hermsen provides a detailed description of box production (Hermsen 2010). The boxes have been produced in the Kamukunji cluster since its beginning, and the origin of the product cannot be traced. The paint scheme seems to indicate that the box is intended to replicate what might be called footlockers. The silver paint on the hardware and corners visually approximates the bright chrome or nickel plating found on the frames of boxes from formal sector manufacturers. Formal sector box panels are typically made from fiber board rather than steel. This brings up a question that we will revisit several times: is there something innovative about the boxes and is there some intellectual property that might be appropriated? The creative act in producing boxes in the cluster is that of adapting the essence of a box produced in the formal sector to the tools and materials available. The boxes produced in the cluster are not exact copies of those formally produced. It is a product that maintains the shape and function of the original, but uses the design language of the informal sector. With the technology available in the cluster, it would be impossible to produce exact replicas at anything close to a profitable rate. In her study of product design in Kenya, Donaldson reports that the vast majority of manufacturers (formal, informal and NGO) make products that are imitations of “foreign-designed products” (Donaldson 2006). Traders from rural areas come to Nairobi to purchase these boxes for retail sale in smaller markets. The traders rely on inter-urban buses to transport their goods, so the proximity of the Kamukunji cluster to Nairobi’s major inter-urban bus terminus gives the cluster an edge over manufacturers further away. The tied-for second most manufactured product was the charcoal cookstove known as a jiko, with 13 percent of those surveyed producing these. Products range from small single-family stoves, as shown in Figure 3.5, to institutional versions about a meter in diameter. Jikos come in two distinct types, one is all sheet metal; the other adds a ceramic liner to the fuel box. This addition improves the efficiency so that the user requires less charcoal. Jikos with the ceramic liner are also known as “improved jikos” – further details are provided in the section below on innovation. Figure 3.4 Metal boxes close-up to show the variation in detail, finish and quality. Photo: S. Daniels. Figure 3.5 Typical cookstoves. The one on the right with black finish incorporates ceramic liners to improve the efficiency. Photo: B. Hazeltine. a st u d y o f t he i n f o r mal met al w orking sec tor 111 Eleven businesses (13 percent) manufactured “pots” that ranged from chapati pans (slightly concave aluminum pans) to institutional-scale vats, plus lids to go with them. This category includes many distinct products. In the foreground of Figure 3.6 is a cooking basin that is similar to a Chinese wok. The body is made of sheet steel and the handles are made of steel wire. During production, disks are cut from a large sheet and then are beaten (cold worked) to shape with a hammer and convex anvil. Holes are punched for the handles, either with a hammer and punch on an anvil or for those who can afford it, with a lever actuated punch. The wire handle is threaded through the holes and then hammered to form a head that keeps the handle in place. Typically, there is a division of labor, with one worker marking the sheets, another cutting the disks, several forming the bowl and one cutting and installing the handles. The sheet steel feedstock is scrap metal, so there is no telling how hard it will be, but the Association maintains an “annealing oven” that firms may use to soften steel that is too hard to be worked as received. The third most manufactured product is the wheelbarrow, with ten respondents (11.9 percent) reporting them as part of their product mix. Figure 3.7 shows wheelbarrows ready for sale. The Secretary of the Association mentioned that an imported wheelbarrow was brought to one of the businesses in the cluster for repair, and the fundi quickly copied the basic design and began producing their own version. The wheelbarrow is a good example of how products are adapted so that they can be made using the available tools and materials. Those produced in the cluster can be identified by the square corners of their trays and the variation of wheels and wheel mountings. Imported wheelbarrows typically have drawn steel trays. This process takes a flat sheet of ductile steel and uses a large (expensive) press to deform the sheet into a tray with large radii corners. To get the proper shape, the press is fitted with a die that has the same shape as the box and a punch that has the inverse shape. The sheet steel is sandwiched between the two and the press brings the punch and die together. A press of this scale, and the punch and die for the tray, would be fifteen to twenty times the highest annual value of goods sold by a firm in the cluster; hence the need to adapt the product to fit the available production machinery. The wheelbarrow trays produced in Kamukunji are folded and welded and thus have much squarer corners. The variation in wheels is a response to the wheel supply chain in the informal sector. The wheels are typically removed from vehicles that have reached the end of their useful life, so they could be from a car, motorbike, scooter or anything else that uses wheels with pneumatic tubes and Figure 3.6 Pots, pans and cooking utensils manufactured in Kamukunji. Photo: S. Daniels. Figure 3.7 Wheelbarrows (and metal boxes) ready for sale. Photo: S. Daniels. 114 c hr i st op he r bul l e t al. tires. In consequence, there is a wide variation in both the size of the wheel and the mounting configuration. This is in contrast to the manufacturer of imported wheelbarrows, who would order as many identical wheels as they needed for a production run. The adaptation of the imported wheelbarrow design to informal sector production using the available tools, techniques, materials and components exemplifies the intellectual capital of the sector. Broad knowledge of the market to be served and of the available material and manufacturing process are used to design the informal version of the wheelbarrow. The calculus is then to determine at what cost the goods can be sold while maintaining or growing the business. Typically, ideas for products do not originate in clusters. The craftspeople in the cluster take ideas from products they see in the markets, suggestions from customers, manufactured items that customers bring for them to repair or any other source. The innovation that occurs is the development of techniques and processes that allow those in the cluster to create products that, at least functionally, are very close to the original. As we have seen, the product mix tends to be commodities whose origins predate ideas about protecting one’s intellectual property; things like wheelbarrows, metal boxes, cooking pots and rain gutters. Chip cutters, which are devices to cut potatoes into chips for frying, were brought into production after the Association purchased one at a trade show. Figure 3.8 shows one manufactured by the formal sector together with the informal sector copy. These products are sold to those who cannot afford similar items (typically imported) sold in shops. The imported model uses aluminum castings for the handle, base and pusher plate assembly. Producing a cast part requires the capacity to create a suitable mold and the capacity to melt (an adequate source of heat is needed) and pour aluminum. The informal version translates the castings to sheet metal and stabilizes the guide pins by adding a steel bar welded across their top. The pusher plate assembly incorporates the same serrated pusher as the cast version, and the cutting assemblies look identical. This means that the informal producer was able to find a manufacturer who could produce those parts. Art Objects Manufactured at Racecourse A segment of informal metalworkers located on the western edge of Nairobi in an area called “Racecourse” produces art objects (The name Figure 3.8 Chip cutters. Imported model on the right, informal adaptation on the left. The adaptation translates castings to sheet metal and adds a return spring to the mechanism. Photo: C. Bull. 116 c hr i st op he r bul l e t al. refers to the area’s proximity to the horse-racing track). The customers for these goods are middle-class Kenyans, foreign tourists and interior designers (one craftsperson was producing seventy-five elephants for export to Europe, destined for hotel lobbies – see “Case: Moses Metalwork” below for further details). Racecourse is located along Ngong Road, a major artery between the city center and the western suburbs, about 11 km west of the Kamukunji cluster and the Machakos bus depot. As the number of shops has grown, so has the infrastructure to support them, with suppliers of tools, hardware and materials interspersed with production shops. As of 2013, the cluster did not have a formal association; however, anecdotal evidence suggests resources are shared among shops when needed. The social structure is similar to that of Kamukunji: there is a cluster of businesses, they hire fundis and also train those without experience (usually for a fee). Because the products are intended for middle- and high-income consumers who can afford imported goods, the quality, visual appeal and novelty of the products are more important than in Kamukunji. The value that the maker adds to the raw materials is significantly higher. Since the customer places a premium on novelty, there is a strong motivation to develop products that are distinct from other producers. Makers tend to be more secretive and their production areas are not as open as in Kamukunji. The physical layout differs from Kamukunji, as each business has its own shed. While this makes it easier to keep some things hidden from competitors, in order to attract business, shops display their best wares out front along the main thoroughfare. Figure 3.9 shows examples of products from this area. Innovation in Informal Metalworking Manufacture Defining the Innovation System The innovation system of informal producers comprises the firms themselves as well as staff, service providers, suppliers, brokers, customers, end users, sources of creative inspiration (such as market trends, new technologies and cultural context) and the supporting infrastructure. These features span the formal and informal sectors, as well as the private and public sectors. Figure 3.10 represents the innovation system in Kenya diagrammatically. The short dashed lines represent formal paths and the long dashed lines, informal paths. The dotted box encloses the value chain for manufacturing. Figure 3.9 Animal sculptures at the Racecourse cluster. Photo: S. Daniels. 118 c h ri st op he r bul l e t al. Global international market trends, standards, and technologies Regulatory Framework Regional and local gov’t Education Organizations Public (universities) Private (KNFJKA) Kenya IP Institute Kenya Attorney General Knowledge and Tech Transfer Business incubators Tech trans. orgs. IPR Bodies (CIPIT) Representation associations Formal associations Funding and Support Orgs Formal Informal associations Service Providers Formal suppliers Formal manuf. Formal retailers Private consultants Consumers and users Informal Informal suppliers Informal manuf. Informal retailers Standards (KEBS) Cultural, economic, and social context Figure 3.10 The innovation system of manufacturers in Kenya includes cluster businesses (suppliers and retailers), support and service organizations, education and knowledge transfer institutions, associations and regulatory bodies, as well as international trends and standards from above and cultural context from below. Source: Authors. Informal businesses are often referred to as “micro and small enterprises” (MSEs). The Kenya Micro and Small Enterprise Act of 2012 defined micro-enterprises as having fewer than ten employees and less than KES 500,000 in annual turnover and small enterprises as having ten to fifty employees and KES 500,000 to 5 million in annual turnover (Republic of Kenya Parliament 2012; we will discuss this Act in more detail later in this chapter). This is somewhat misleading in a Kenyan context, where it is estimated that 70 percent of all non-agricultural MSEs employ just one person. Business size tends to be slightly larger in Kamukunji, where apprentices are common. a st udy o f th e in f orma l me ta l wor kin g s ec to r 119 Kamukunji Income Range (Thousands of KES) Reported annual value of goods sold More than 3000 2000 to 3000 1000 to 2000 900 to 1000 800 to 900 700 to 800 600 to 700 500 to 600 400 to 500 300 to 400 200 to 300 100 to 200 50 to 100 50 or less 0 2 4 6 8 10 Frequency Figure 3.11 Annual value of goods sold reported by 40 firm owners in the Kamukunji cluster. Source: Fieldwork 2013. Of the forty Kamukunji business owners who gave an annual value of goods sold, 32 percent (thirteen of forty) put the value at KES 100,000 or less, and 50 percent put the value at KES 300,000 or less. Figure 3.11 shows the distribution. We categorize the documented businesses by size and mode of production (mass versus custom) in a two-by-two matrix (Figure 3.12). Businesses in Kamukunji generally fall into micro-scale and mass production. Enterprises in the Racecourse cluster are generally micro and produce custom furniture and art (see “Case: Moses Metalwork”). We also find examples of larger furniture and furnishings businesses (see “Case: Housemark”). Enterprises in Kariobangi are also larger, with some producing for mass consumption and others producing equipment for commercial manufacturers. We also found a category of businesses that were not geographically clustered. These are small-scale, highly innovative start-ups, often founded by more skilled or creative jua kali or formal entrepreneurs; we call this the “small-scale innovation sector”. 120 ch ri s top h e r b ul l e t a l. Small Housemark Kariobangi Small-Scale Innovation Racecourse Kamukunji Size Mass Micro Production Custom Figure 3.12 Enterprises based on size and mode of production. Examples referenced in this section are mapped onto the 2 × 2 matrix. Source: Authors. Each type of business has a different innovation network. Highly informal businesses like those in Kamukunji rely heavily on networks within the cluster, and loosely link to formal institutions via the Kamukunji Jua Kali Association, contractors and occasionally microfinance or training institutions. One grievance aired by jua kali in Kamukunji was the recent emergence of brokers who sought out customers in the market, took high margins from the producers and engaged in unethical sales practices. Brokers could provide a vehicle for better access to market needs and drivers, which in turn could encourage producers to innovate, but in practice their arrival has been a market inefficiency that has forced producers to compete on price. The formal businesses that have “graduated” from Kamukunji are more likely to have access to formal training, financing and suppliers. Those in the small-scale innovation sector are likely to have an active network of support organizations. For instance, the founder of Simply Logic (an organization developing biogas digesters and related products a st u d y o f t h e i n f o r mal met al w orking sec tor 121 for small farmers) worked with the staff at the Kenya Industrial Property Institute (KIPI) and the Center for Intellectual Property and Information Technology (CIPIT) to pursue patents. Actors in this sector also have more freedom to exercise their creativity, though they still struggle to find suitable support and protection. Case: Moses Metalwork – A Custom Micro-Enterprise Moses Metalwork sits among the clanking of hammers and sizzles of arc welders at Racecourse. Moses started his custom micro-workshop nine years ago by fabricating typical furniture pieces but switched to largescale sculpture when he came across an interested European buyer. Now he stands out from his neighbors by making high-end sculptures out of scrap metal and is one of the most successful entrepreneurs in the cluster. He started with just an arc welder and small premises but has since reverse engineered the welding machine and fabricated ten more from scratch. He has also expanded his premises significantly and takes on as many as thirteen apprentices at a time depending on demand. At the time of interview, he and his workers were filling a large order for giraffes, warthogs and windmills to be shipped to the United Kingdom. Others at Racecourse have already copied his designs. Despite the contentious issues of competition and intellectual property, the area is showing signs of an emerging cluster that may over time develop a reputation and attract buyers. The businesses might benefit by coordinating operations, pooling resources and further specializing. Case: Housemark – A Custom Small Enterprise Lawi Muriuki started his furniture workshop in his backyard, and like other jua kali he would produce custom furniture and furnishings out of any catalog. But he is not a typical fundi, and Housemark is not a typical shop. Lawi was trained at a technical school, studied entrepreneurship and worked for five years at an incubator program called Advancing Kenyan Industry through Local Innovation (AKILI). At AKILI, he learned to research market needs and identified opportunities for shoe racks, towel racks and other products jua kali could make. Over the last twelve years, he and his co-founder have grown Housemark, moving to increasingly larger facilities and broadening product lines. 122 c hr i st oph e r b ul l e t al. His design skills have provided an important foundation for his business, and he trains his fundis both to design and to produce high-quality products by hiding welds and adding details like notching. He organizes his staff into project teams with diverse sets of skills. Today, Housemark sits in a large, secure facility near Kamukunji. The company sells over 2,000 products – too many, Lawi says, to patent or copyright. He worries more about retaining talent than rights to his designs. But he does have issues with his trademarked brand: competitors like Housemart and Houseman have popped up nearby. Lawi’s response is to call the competitor and threaten litigation and he says that this approach has been successful. Profile of Innovation in the Sector In interviews and surveys across these sectors, we sought out cases of innovation showing origination or improvement of products, adoption of new manufacturing processes, or copyrightable stylistic changes made to a product. This includes incremental innovations that are new to a particular firm or cluster. Overall, we found the most product innovation occurring in the formal small-scale innovation sector, a moderate amount in semiformal mass and custom small enterprises, and the lowest amount in highly informal mass and custom micro-enterprises (see Figure 3.13). Kamukunji, which falls into the last category, is a particularly interesting case because a free flow of ideas is central to the way the cluster operates, but this also reduces the incentive to innovate in terms of designing new products. Currently, the Kamukunji Jua Kali Association presents the cluster as a “training center” and discourages entrepreneurs and inventors from protecting their ideas by requiring that sheds be open and the work going on visible to passersby. As mentioned earlier, the innovation happening in the cluster revolves around adapting existing designs to the available methods of production. Entrepreneurs generally supported this approach. In our survey of business owners in Kamukunji, we asked about both product and process innovations, as well as the sources of these improvements. About one-third of respondents had been making their product for over a decade, while 20 percent had started making the product in the last five years. Only 5 percent claimed the product was their original design. Nearly 60 percent were confident about the market for the product when they began producing it. Simply Logic Product Innovation a st u d y o f t h e i n f o r mal met al working s ec tor Kariobangi 123 Small-Scale Innovation Housemark Formality Racecourse Export Processing Zones Kamukunji Figure 3.13 Product innovation levels of enterprises of varying levels of formality. While the formal Small-scale innovation sector showed the most continuous innovation, formality was not necessarily a predictor of the product innovation level. Source: Authors. The most common way to differentiate a product was quality; more than half of respondents cited quality of materials and product as a differentiator. More than a third focused on style and decoration, while just 9 percent focused on modifications to the product itself. Since they started producing, only 4 percent have changed their manufacturing process, though 13 percent say they do research to make improvements. An overwhelming majority – 97 percent – said they collaborate with other businesses in the cluster producing the same product as them. When asked about formal competitors outside the cluster, 55 percent said they collaborate with them. Of the sources of aid to the production process (Figure 3.14), the most common, reported by 50 percent of business owners, was fellow business people, and 24 percent sought help from fundis. While only 5 percent had received any assistance from formal training institutions, 52 percent said they would feel comfortable working with one. We asked a similar set of questions to the fundis of Kamukunji and found slightly more innovation among the craftsmen than the business owners. About 20 percent said they had originated a new product since 124 ch ri sto ph e r b ul l e t a l . Sources of advice for production process, n = 42 Percent of Respondents 60.00% 50.00% 40.00% 30.00% 20.00% 10.00% 0.00% Other Business People Fundis No one Employer Association Figure 3.14 Most business owners say they collaborate with other business people and/or fundis to improve their production processes. Very few receive institutional support or work in complete isolation. Source: Fieldwork 2013. they started working as fundis, while 8 percent had modified a production process since working in Kamukunji. Among those with original designs, over half said they received help from their employer, trainer, or business owner. About a quarter said they received assistance from a friend or fellow fundi. In general, training came from a variety of sources (see Figure 3.15): other fundis in the cluster (42 percent), friends or relatives (29 percent), employers (17 percent) and trainers (13 percent). Nearly 80 percent said they had trained other fundis, and over 90 percent said they allow other fundis to copy their designs. Our results indicate that innovation in the Kamukunji cluster occurs mainly through adaptation of product designs and stylistic modifications (see Figure 3.16). Those who had originated a product or design were likely to have reverse engineered the product from an external source. For example, the chip cutters entered the sector when a customer asked a jua kali to repair one. He then reverse engineered it and began manufacturing his modified design at scale. The Kamukunji Association leadership identified trade shows as a source of inspiration; attendees would survey competitors’ products. If there is a new product, they might buy it, bring it back and a st u d y o f t h e i n f o r mal met al working s ec tor 125 Sources of fundi training, n = 24 45.00% Percent of Respondents 40.00% 35.00% 30.00% 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% Cluster Fundi Employer Relative Friend Trainer Figure 3.15 Fundis most often received training from other fundis in the cluster. Some received training from employers, relatives or friends. Very few received training from professional instructors. Source: Fieldwork 2013. Formal Designed Informal Adapted Copied Figure 3.16 This generalized model shows the typical flow of innovation between and within the informal sector. Jua kali innovators most often adapt formal designs to available materials, production methods, style trends and customer needs. Other jua kali rapidly copy these adapted designs. Occasionally, a “reverse innovation” may occur in which formal solutions are adapted from informal ones. Source: Authors. collaboratively reverse engineer it. The association actively encourages information sharing by holding meetings and intervenes when an inventor tries to work in secrecy. If someone gets a head start, the association estimates he or she has about two months before competition is widespread. 126 ch ri s top h e r b ul l e t a l. New designs often undergo a modification process to adapt to available materials and production methods. As we noted above, the chip cutter’s original lever was cast aluminum, but the jua kali version is sheet metal. The wheelbarrow’s rounded corner is now a welded seam, and its wheels are derived from whatever used parts are available. The end products are often not uniform in appearance or performance. Discussions and related research revealed isolated cases of continuous innovation in and around Kamukunji. It is also apparent from discussions with jua kali in other clusters such as Kibera’s Toi Market that some stylistic modifications spread not only within the cluster but also between clusters over time. For example, boxes in Toi Market used similar stencils to those in Kamukunji but had unique clasps. Obstacles to Innovation and Scale From these results it is clear that while many jua kali in Kamukunji differentiated their products based on quality and style, most did not continuously make product or process innovations. We put forward three hypotheses to explain this phenomenon: (1) there is a lack of source material to inspire innovations with clear market demand; (2) there is a lack of skills; and (3) there is a lack of incentive to innovate. The results of the study confirm the limited scope of help offered to jua kali metalwork manufacturers in generating innovations. Most sought help from others within the sector and cited few external sources. Among the external sources cited were customers and previous training. Discussions with the Kamukunji Jua Kali Association revealed a few more: trade shows and large supermarkets like Nakumatt. Very few jua kali had received training since entering the cluster. In relation to skills and training, while most of the business owners – 78 percent – said there are enough skilled fundis, one wrote that “it is not easy [to differentiate products] as we all use the same fundis.” Nearly three quarters of business owners do not train their fundis. Anecdotally, a number of jua kali cited lack of protection as a disincentive to innovate. It was agreed that any designs introduced to the market would be copied, though some acknowledged a first-mover advantage. For example, a fundi who reverse engineered a telephone booth sold the product for KES 35,000 (USD 400) for a few months, before having to drop the price to KES 8,000 (USD 90) due to competition. a st u d y o f t he i n f o r mal metal wo rking sec tor 127 Case: Kenyan Ceramic Jiko – Open-Source Design In 1982, Dr. Maxwell Kinyanjui, working for Kenya’s Ministry of Energy, set out to change how Kenyans cooked food. Traditional stoves used too much wood and polluted indoor air. He could have incubated a stove manufacturer, but public-sector spin-offs often fail. Instead, he recognized that designs and techniques spread more rapidly in the informal sector. His design was simple and suitable for manufacture by many artisans across urban and rural Kenya. He changed the shape slightly from the traditional jiko, or stove, and added a clay insert to the scrap steel housing to insulate the jiko and use less firewood. The Kenyan Ceramic Jiko costs KES 350 (USD 4) and is 30–50 percent more efficient than the traditional stove. The technology has circulated widely because it was an easy switch from the traditional stove. Kinyanjui taught artisans how to produce the sheet metal components and ceramic insert, explained the purpose of the ceramic insert to community groups, and educated consumers about the cost savings from reduced fuel use. The United States Agency for International Development (USAID) funded Kinyanjui to produce 5,000 units, but 250,000 were produced and sold by micro-enterprises within four years. Today, artisans in virtually every village and trading center in Kenya produce some variation of Kinyanjui’s design (Musaki Enterprise 2010). Appropriation Mechanisms In this section, we review the appropriation mechanisms available in Kenya using the formal/semi-formal/informal framework discussed in Chapter 2. We then report the attitudes of survey respondents and interviewees toward these mechanisms. Formal Mechanisms Kenyan law recognizes seven formal appropriation mechanisms for intellectual property: “(1) trademarks and service marks; (2) patents; (3) utility models; (4) industrial designs; (5) rationalization models; (6) copyrights; and (7) plant-breeders rights” (Economist Intelligence Unit 2012). Of these mechanisms, trademarks and service marks (Republic of Kenya Attorney General 2001), patents, utility models, industrial designs (Republic of Kenya Ministry of Trade 2001) and copyrights (Republic of Kenya Attorney General 2001) are the most useful for actors in the 128 ch r i sto ph e r b ul l e t al. Table 3.2 KIPI filing costs and duration from the Kenya Industrial Property Journal (Kenya Industrial Property Institute 2013), copyright cost and duration from the Copyright Board website (Kenya Copyright Board 2013) Mechanism Granting body Filing cost (KES) Enforcement Duration (years) Copyright Trademark Utility model Industrial design Patent Kenya Copyright Board KIPI KIPI KIPI 1,000 4,000 7,500 6,000 By owner By owner By owner By owner 50** 10* 10 5* KIPI 10,000 By owner 20 Note: * Renewable – trademarks are renewable indefinitely, utility models may be renewed for five additional years. ** Duration of copyright depends on the type of work. Copyright in literary, musical or artistic works other than photographs lasts for fifty years after the end of the year in which the author dies. For audiovisual works and photographs, it lasts for fifty years from the end of the year in which the work was either made, first made available to the public or first published, whichever date is the latest. Copyright in sound recordings lasts for fifty years after the end of the year in which the recording was made, while the term for broadcasts is fifty years after the end of the year in which the broadcast took place. informal metalworking sector as ways of holding on to innovations they have developed. We can rank the mechanisms in terms of filing costs,1 duration and enforcement process – see Table 3.2 – to gain a sense of how difficult it might be for fundi to gain some level of ownership of their innovations. Semi-Formal Mechanisms These generally refer to contracts between stakeholders to limit the dissemination of ideas or innovations that one of the stakeholders deems valuable. Examples include non-disclosure agreements, transfer 1 For this study, we used the filing costs published by the granting body and did not include attorney’s fees and other costs. a st u d y o f t he i n f o r mal met al w orking sec tor 129 of rights from employee to employing organization, trade secrets and non-competition clauses. Informal Mechanisms Informal mechanisms tend to be indirect ways of appropriation and include first-to-market advantage, hiding production processes, monopolizing production resources and dividing tasks to keep the knowledge of a particular individual incomplete. Survey and Interview Indications Our survey and interviews asked about access to and use of formal appropriation mechanisms, attitudes toward sharing ideas, ownership of ideas and cultural norms around collaboration. Of the groups we talked to, there were marked differences in awareness of formal mechanisms, interest in pursuing appropriation and desire to share advantages. Those in the Kamukuji cluster favored collaboration and sharing, which is the cultural norm. When asked “Do you collaborate with jua kali making the product?,” thirty-eight out of thirty-nine respondents (97.4 percent) said yes. The interest in collaboration decreased when cluster workers were asked about working with those outside the cluster: when asked “Do you collaborate with non-jua kali producing the same product?,” twenty-two of forty respondents (55 percent) said yes. The question is asked in an active sense – “do you?” rather than “would you?” – so a portion of the reason for the decrease may be geographical logistics. When fundis were asked “Do you collaborate with fundis making similar products?,” twenty of twenty-four respondents (83 percent) said yes. The forms of collaboration included sharing job opportunities, raw materials, tools and processes. In determining with whom to collaborate, fundi considered trust and honesty to be as important as the skill and experience of the potential collaborator. Workers were not concerned about others copying products they made. When asked “Do you allow fellow fundi to copy your ideas and products?,” twenty-three of twenty-four (95 percent) said yes. When asked “Do you feel you own the ideas for the products you make?,” six out of twenty-four (25 percent) said yes. Just one cluster worker out of thirty-seven considered securing intellectual property rights, and none of the fundi in the cluster had secured 130 ch r i sto ph e r b ul l e t a l. any intellectual property. Few fundi (two out of twenty-four) thought that the association might help securing intellectual property rights. However, they recognized the first-to-market advantage and did not hesitate to use it when the opportunity arose. Secrecy was discouraged; the cluster was seen as a training school for craftsmen and those trying to hide their work were asked to leave (KJKA Secretary), and the layout of the workplaces made it almost impossible (cheek-to-jowl with no solid walls between). From the survey and observations, a picture emerges of a community willing to share ideas and production with little concern for protecting ideas. This leads one to ask what economic and social calculi determine fundis’ behavior regarding intellectual property. From an economic perspective, appropriation mechanisms cost time and money. For an individual fundi engaged in production (in contrast to a business owner), the opportunity cost is lost production. A recent study of urban poor in Nairobi found their mean household monthly expenditure to be KES 13,957 (Amendah, Buigut and Mohamed 2014). Thus, the cost of appropriating intellectual property may be as much as a month’s expenditure for an informal sector metalworker. Workers at Racecourse were not part of the survey but were interviewed during fieldwork. They were more likely to take advantage of informal appropriation mechanisms. The layout of their workplaces (more isolated than Kamukunji) and the migration of workers between workplaces (trainees tended to start their own enterprises rather than moving to another employer) made processes and novel products less visible. Lawi Muriuki at Housemark relied on being better than any of his competitors – better in the sense that he could develop new products faster than they could copy his existing designs. When asked about others copying his work, he laughed and said, “I don’t worry about copiers – it is easy for me to just make a new design. I have a book of about 2,000 designs and continue to add to them.” He also worked at cultivating loyal employees who saw value in being employed there. Muriuki’s enterprise would be considered small rather than micro, and he had registered it with the government. He also went to the trouble of trademarking his business name and did not hesitate to call competitors who he felt were infringing. The owner of Simply Logic was the most interested in formal appropriation mechanisms and had on several occasions sought patents. His experience (in his own words) was mixed. He had experience with KIPI a s t u d y o f t h e i n f o r mal met al working sec tor 131 and expressed the opinion that “the system is not designed for informal sector individuals to protect their ideas.” He said he had tried to patent one of his ideas only to be told that KIPI could not help him. In another instance, he stated, “a government-backed incubator attempted to appropriate his idea rather than helping him protect it.”2 In sum, the evidence base is not sufficiently large to fully assess the government’s role in helping to access IP. Yet, the field work yields that some innovators are skeptical of the government’s intentions when it provides assistance. Most of the producers we studied relied on what were called informal appropriation mechanisms in the original conceptual study underlying this work as in de Beer, Fu and Wunsch-Vincent 2013 and Chapter 6 in this volume. In the clusters, this meant having a two-week first-mover advantage. For those able to work in secrecy, it meant they had to use care in exposing their products. What we found in this study seems to bear out three hypotheses suggested in Chapter 6 in this volume, reproduced with comments below. • “Innovations in the informal economy do not meet the necessary threshold to qualify for formal IP protection, as many are based on imitation and adaptation of existing products” (ILO 1992). This was the case for many of the products manufactured in the Kamukunji cluster where the target market is the low-income population, but less so for those produced at Racecourse where we found examples of original work. • “Actors in the informal economy have not heard about IP and lack the necessary awareness, legal skills and access to the formal IP system.” In general, we found that those we spoke with had heard of and were aware of IP. However, there did not seem to be mechanisms in place to help people in the informal sector gain the skills and access they would need to use formal IP protection. • “Actors in the informal economy are pessimistic about their ability to register and enforce their IP. They therefore do not try to use the IP system even though they realize that extensive copying among artisans and the production of cheap copies abroad is threatening their income” (Finger and Schuler 2004). This hypothesis was most strongly validated by one entrepreneur who had made several attempts to gain IP protection, with little success. 2 We would remind the reader that this is uncorroborated. 132 c hr i st oph e r bul l e t al. Alternative Strategies for Appropriation We can envision a range of strategies in which informal sector metalworkers might appropriate their ideas. For any of these to be adopted once an implementation program was in place, it would be critical for there to be a trusted champion – someone from the cluster who was well respected and could demonstrate the benefits accrued by protecting their intellectual property. It would also be critical to make learning the patenting process part of the training that apprentices receive; this could best be done in the workplace and in parallel with learning to manufacture. The strategies are variations on several themes. One theme is group ownership of rights, another reduces the time, cost and complexity for filings, and a third develops branding and brand awareness through trademarks. The themes are not mutually exclusive, so combining them in creative ways may be a useful exercise. Strategy 1: Association as Rights Owner One strategy would apply to clusters, with cluster associations acting as agents for members of the cluster and protecting ideas developed within the cluster from copying by those outside it. The association is what we have come to call “semi-formal” because it is recognized by and has direct contact with the government while serving as a linkage between association members and the government. A cluster-wide appropriation mechanism would distribute the cost over all the members and thus not be an excessive burden on individuals. It would support and build collaboration within the cluster and would not disrupt the social fabric. Strategy 2: Streamlined IP Rights Process The second strategy would require the government to develop a new appropriation mechanism, with a low barrier to registration and a streamlined process specifically designed for informal sector enterprises. Costs could be related to the projected sales price of an innovation or the projected monthly gain for a process innovation. In this case, the clients would be individual innovators rather than clusters. In addition to the mechanism, a robust method for supporting and encouraging those a st u d y of t he i n f o r mal met al w orking s ec to r 133 seeking protection of their ideas is required and could be addressed through the employment of fundis as agents for the program. Strategy 3: Industrial Designs and Multiple Copying A third strategy could apply to the enterprises at Racecourse that are producing sculptures. Typically multiple copies of the same item are produced, making industrial-design protection applicable, rather than one-of-kind art objects that could be copyrighted. If an industrialdesign protection assured producers that they could maintain exclusive rights to produce an item and that the profits would well exceed the filing costs (and any enforcement actions), this could function as intended. In the clusters we studied, box makers tended to train more box makers, which leads to many entities doing very similar work (horizontal expansion) with very little opportunity to grow (vertical expansion). An industrial-design patent that was easy to apply for, inexpensive and quickly granted might limit the number of box-making enterprises and enable more vertical expansion. The same idea applies to the makers at Racecourse and Gikomba. A licensing mechanism would allow non-patent holders such as former trainees who wanted to compete in the box market to pay a license fee to produce boxes. This revenue stream would enable the patent holder to acquire production equipment, hire more makers and fund product development. Strategy 4: Capital to Fund Filings It is worth noting that all the strategies suggested have the drawback of requiring up-front payment. For most of these businesses, once material is bought and salaries paid, there is little left to pay filing fees. Furthermore, with all the available appropriation mechanisms, the owner of the intellectual property initiates action against those who might be infringing, so an additional concern of business owners and innovators is how these protections are actually enforced. A fund that provided low- or no-interest loans to those from the informal sector seeking IP protection would lower one of these barriers. 134 c hr i st oph e r b ul l e t al. This could be seeded by the government and made sustainable through fees paid by those who file successfully. Strategy 5: Branding The makers of Kamukunji are for the most part anonymous to the final consumer. Having a trademark system that, again, was easy to apply for, inexpensive and quickly granted would give the makers an opportunity to establish an identity with the consumers. This has the potential to provide feedback to the producer on quality value – that is, the trademark would allow consumers to distinguish a superior brand from inferior ones. Branding through industrial design and trademarks is one of the ways that businesses manifest themselves as entities separate from the individuals that make them up. Brand recognition can serve as a non-monetary measure of growth. Sidebar From January through May of 2013, KIPI issued twenty-one patents to foreign entities and no patents to Kenyan entities. Of the fifteen industrial designs registered, four appeared to be manufacturable in the informal sector. Of the four utility models registered, none appeared to be aligned with informal sector production. (This information was gathered from the Kenya Industrial Property Journal, published monthly by KIPI, and reflects patents, designs and models that were granted, not the number submitted; Kenya Industrial Property Institute 2013.) This aligns with data from previous years. In 2011, there were fiftynine patents granted; four to Kenya residents and fifty-five to nonresidents. Interestingly, in the same year there were 135 resident patent applications and 122 non-resident applications (WIPO 2013). The fact that there are fairly few patents granted to residents may indicate that there are not sufficient resources to produce successful applications. Policy Considerations In this section, we describe relevant policies and the programs that implement those policies and discuss their effect on the informal metalworking sector in Nairobi. The primary aim of current policies is to increase the informal sector’s access to markets and to support the integration of the informal economy with the formal sector, with an overall goal of improving the Kenyan economy through job creation a st u d y of t he i n f o r mal met al w orking s ec to r 135 and market development. In most cases, supporting innovation is a secondary element of these policies. Typically, policies are enabled by acts of parliament and implemented through programs developed in one or more ministries. The parliamentary acts are usually vague as to which ministry will oversee programs, and the implementing ministry may change from time to time. Table 3.3 identifies some of the relevant acts, ministries and programs. For most policies, the informal sector is lumped with small and microenterprises, and we will take policy mentions of them to indicate inclusion of the informal sector. In the Micro and Small Enterprise Act of 2012, a micro-enterprise is defined as: a firm, trade, service, industry or a business activity – (a) whose annual turnover does not exceed five hundred thousand shillings; (b) which employs less than ten people; and (c) whose total assets and financial investment shall be as determined by the Cabinet Secretary from time to time, and includes – (i) the manufacturing sector, where the investment in plant and machinery or the registered capital of the enterprise does not exceed ten million shillings; (ii) the service sector and farming enterprises where the investment in equipment or registered capital of the enterprise does not exceed five million shillings . . . (Republic of Kenya Parliament 2012, Section 2) Therefore, all the businesses surveyed fall into the micro-category with the exception of Housemark. Similarly, a small enterprise is defined as: a firm, trade, service, industry or a business activity – (a) whose annual turnover ranges between five hundred and five million shillings; and (b) which employs between ten and fifty people; and (c) whose total assets and financial investment shall be as determined by the Cabinet Secretary from time to time, and includes – (i) the manufacturing sector, where the investment in plant and machinery as well as the registered capital of the enterprise is between ten million and fifty million shillings; and (ii) service and farming enterprises, where the equipment investment as well as registered capital of the enterprise is between five million and twenty million shillings . . . (Republic of Kenya Parliament 2012, Section 2) Table 3.3 Acts, agents, programs and targets for policies relating to IP and the informal sector Act Ministry Program Target sector Micro and Small Enterprise Act of 2012 None Labor Small and Micro Enterprise Authority SMEs Labor Department of Micro and Small Enterprise Development KIPI SMEs All Department of Small and Micro Industries SMEs Policy papers proposing innovation programs Assistance to Small and Micro Enterprises Program Procurement preferences for SMEs All Industrial Property Act of 2001; Industrial Property Regulations of 2002 None None None Public Procurement and Disposal Act Industrialization and Enterprise Development Industrialization and Enterprise Development Higher Education, Science, Technology, and Information Trade Finance SMEs SMEs a st udy o f th e in f orma l me ta l wor kin g s ec t or 137 The purpose of the Act is: to provide a legal and institutional framework for the promotion, development and regulation of micro and small enterprises by – (a) providing an enabling business environment; (b) facilitating access to business development services by micro and small enterprises; (c) facilitating formalization and upgrading of informal micro and small enterprises; (d) promoting an entrepreneurial culture; and (e) promote representative associations (Republic of Kenya Parliament 2012, Section 3) As stated in Section 3(c) above, one of the purposes is to formalize informal enterprises. There is a potential conflict here with those who choose to maintain an informal enterprise. However, the Section 3(e) above offers some flexibility by having representative associations (like the Kamukunji Jua Kali Association) that would represent a group of informal micro-enterprises in the policy sphere. This allows the microenterprises to maintain their informality if they so desire while also giving them access to the programs that the policy will promulgate. Under the Act, an association must have at least thirty-five-member small or micro-enterprises to be eligible for registration. This leaves informal enterprises with three options: 1. register directly and thus lose some degree of informality while gaining access to programs, 2. become a member of a representative association, which would maintain enterprise-level informality while giving access to programs or 3. do not register, which maintains informality and foregoes access to programs. Although this is not explicit, we can imagine that phrases like “enabling business environment,” “business development services” and “entrepreneurial culture” include measures to aid the micro-enterprises in protecting their innovations. In terms of innovation, the Act establishes the Small and Micro Enterprise Authority (SME Authority) and charges it to “promote innovation and development of products by micro and small enterprises” (Section 31(h)), “encourage innovation and transfer of technology in order to increase competitiveness of micro and small enterprises products and services” (Section 50(b)), “provide incentives to encourage 138 c hr i st oph e r b ul l e t al. invention and innovation by micro and small enterprises” (Section 50(d) and “finance research, development, innovation and transfer of technology” (Section 51(2)(d)). The only mention of intellectual property in the Act requires the Authority to “facilitate the registration and protection of intellectual property rights for micro and small enterprises” (Section 50(c)). The Science, Technology and Innovation Act of 2012 establishes the Kenya National Innovation Agency. One of the agency’s duties is to “increase awareness of intellectual property rights among innovators” (Republic of Kenya Ministry of Higher Education Science Technology 2012). Since both these measures have only recently been passed by the Parliament, they have not yet had an impact on the informal metalworking sector. In terms of impact, the government office most mentioned by workers in this sector is the Department of Micro and Small Enterprise Development (DMSED) in the Ministry of Labor. It is this office that provides transport to trade shows for goods produced in the informal sector and that gives the metalworkers feedback on how to improve their products. Current sentiment regarding programs for MSE development is summed up on the DMSED website at the Ministry of Labor: The department’s capacity to facilitate the MSE sector’s development has, so far, been hampered by unfavorable policy environment, poor coordination as some of the activities are still scattered in other ministries/ departments, as well as a weak monitoring and evaluation framework. Within the MSE Associations themselves low management and technical skills as well as persistent leadership wrangles have frustrated the department’s efforts in promoting the sector. Consequently, and in spite of the many programmes/projects worth billions of shillings that [have] been availed to the sector over the years, there has been little impact in reducing neither the mortality rates nor improving the structure within the MSE sector. The department will have to address these constraints satisfactorily for it to have the requisite capacity to attain the expected objectives. (Directorate of Micro and Small Enterprise Development 2013) While this seems to be a pessimistic perspective, it does highlight the concerns raised by others working in the area. As described in the section above, appropriation mechanisms, policies, regulations and governing bodies are in place to protect the rights of innovators. Recent policy declarations have been made which are intended to improve access to IP protection for micro and small enterprises. For instance, in 2008 the Ministry of Science and Technology published its “Science, Technology and Innovation Policy and Strategy.” a st u d y o f t he i n f o r mal metal wo rking sec tor 139 One of the stated policy goals was to “[e]nsure that existing Intellectual Property Rights (IPR) regimes are judiciously enforced to provide impetus for the generation, protection and utilization of intellectual property by all categories of inventors, in particular community, Micro, Small and Medium Enterprises (MSMEs) to foster achievement of Kenya’s national development objectives” (Government of Kenya Ministry of Science and Technology 2008). Some interviewees mentioned a program that transports selected association members and some of their products to trade shows. At the request of the association secretary: Someone in the Department of Micro and Small Industries (Ministry of Industrialization and Enterprise Development) sends a lorry to take some of the products we make to trade shows. We select the products based on quality. Some members go as well. At the trade shows we see what ‘the opposition’ is doing and assess whether the association has the capacity to compete. Is there a place in the market? Can we grow the market share? People from the ministry give feedback to the members on quality and how to improve products.3 The Public Procurement Act (Republic of Kenya Ministry of Finance 2010) provides incentives for formal enterprises that incorporate components from informal enterprises in their products. The goal is to integrate informal suppliers into the supply chain for items purchased by the government. While not directly tied to innovation, the Act at least challenges both formal and informal enterprises to develop creative ways to collaborate. Public procurement accounts for about 9 percent of Kenya’s GDP (Njiraini and Moyi 2006), so the potential for informal sector manufacturers is large. The Kenyan government has recently developed more policies that, in theory, will benefit workers in the informal manufacturing sector. These include the Draft Business and Technology Incubation Policy 2014, Draft Subcontracting Policy 2014, Draft National Intellectual Property Policy and Strategy 2014, Draft Buy Kenya Build Kenya Policy (BK-BK) 2015 and Public Procurement & Disposal (PPD) Bill 2014.4 Each policy includes at least a nod to the informal sector. Once programs implementing these policies are in place, we can assess how effective they are in enhancing the contributions of the informal sector to the Kenyan economy and at improving the status of informal workers. 3 4 F. Dawa, personal communication, January 2013. J. Kiplagat, personal communication, June 2015. 140 ch ris top h er b ul l et al . Conclusion The gulf between the majority of people in the informal metalworking sector and those where formal or conventional IP appropriation is accessible and aligned with norms is wide. There are both cultural and economic reasons for this. From a cultural perspective, the norm in the clusters is to share resources and to freely copy others’ work. From an economic perspective, the cost of securing intellectual property rights far exceeds the perceived benefit to the owner. While this is true for the majority, there is a small segment of informal enterprises who seek to formally appropriate their ideas. In the sub-section on strategies, we presented a series of ideas that may be used to begin to bridge this gulf. Copying is sometimes characterized as a disincentive to innovation, but it also means that new technologies diffuse easily. This brings an interesting dilemma to policy makers; it could be argued that the diffusion of new technologies encourages a vibrant system of producers and the attendant creation of jobs. If copying is prohibited, the innovator may maintain ownership of an invention, and the question becomes: does patenting an invention lead to success in the market? Trademarks can serve as a baseline for branding. Survey respondents cited quality and style as important product differentiators. It certainly would be possible to further enhance this by working with enterprises to develop trademarks that add to the differentiation. Frequently, the threat of litigation is used to dissuade others from copying trademarks so that a phone call serves as a first round in enforcement. On the whole, we consider that the small-scale innovation, sculpture reproduction and commodity manufacturing enterprises we studied would all benefit from better access to intellectual property rights. The small-scale innovation area is most directly in line to use patents. Obstacles include the high cost and the gap in institutional experience in serving this group. Owners of sculpture reproduction enterprises would benefit from registering industrial designs. Commodity manufacturing would benefit from easy access to trademarking. There are institutional gaps in experience serving all of these constituents, and there are gaps in the experience of those seeking property rights. This suggests that a program that “fast tracked” some pilot cases could help build the needed experience. The cost obstacle must also be addressed, and here, small grants to producers would start a shift in the culture. A fast-track pilot program does not address the problem that fees alone have the potential to exceed any benefit the registrant may gain. a st udy o f th e in f orma l me ta l wor kin g s ec to r 141 A program that collaborates with inventors to analyze the value proposition could benefit those planning to apply for IP rights. There also appear to be structural problems in the informal metalworking sector. For the commodity producers to survive, they need to be able to sell their goods for less than competing imports. Aiding the development of higher production throughput along with higherquality output is a measure to deflect this threat, and having higherquality output would also open markets beyond those currently served. References Amendah, D.D., Buigut, S. and Mohamed, S. 2014. “Coping strategies among urban poor: evidence from Nairobi, Kenya,” PloS ONE 9(1): 1–8. Budlender, D. 2011. Statistics on Informal Employment in Kenya: WIEGO Statistical Brief No. 5. Cambridge, MA; Manchester, UK, Women in Informal Employment: Globalizing and Organizing. Daniels, S. 2010. Making Do: Innovation in Kenya’s Informal Economy. New York, Analogue Digital. De Beer, J., Kun, F. and Wunsch-Vincent, S. 2013. “The Informal Economy, Innovation and Intellectual Property – Concepts, Metrics and Policy Considerations,” WIPO Economic Research Working Papers, No. 8. Geneva, Economics and Statistics Division, World Intellectual Property Organization. Directorate of Micro and Small Enterprise Development 2013. Directorate of Micro and Small Enterprise Development website; retrieved May 14, 2014. www.labour.go.ke/dmsed/index.php?option=com_content&view=article &id=61:background&catid=40:about-us. Donaldson, K.M. 2006. “Product design in less industrialized economies: constraints and opportunities in Kenya,” Research in Engineering Design 17(3): 135–55. Economist Intelligence Unit 2012. Kenya: Licensing and Intellectual Property. New York, Economist Intelligence Unit. 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Osanjo, L. 2010. “Product Design Practice within Micro and Small Enterprise in Kenya: Case Study of Sofa-Makers in Gikomba Market, Nairobi.” Unpublished PhD thesis, University of Nairobi, Kenya. Ouma, S., Njeri, J., Khainga, D., Kiriga, B. and Kamau, A. 2007. Estimating the Size of the Underground Economy in Kenya. Nairobi, Kenya Institute of Public Policy Research and Analysis. Republic of Kenya Attorney General 2001. The Copyright Act. Nairobi. Republic of Kenya Ministry of Finance 2010. The Public Procurement and Disposal Act, Chapter 412C. Nairobi. Republic of Kenya Ministry of Higher Education Science Technology 2012. Science, Technology and Innovation Act 2012. Nairobi. Republic of Kenya Ministry of Trade 2001. The Industrial Property Act (Vol. 3). Nairobi. Republic of Kenya Parliament 2012. The Micro and Small Enterprise Act (Vol. 55). Nairobi. WIPO 2013. “Statistical Country Profiles – Kenya.” www.wipo.int/ipstats/en/ statistics/country_profile/. c o mmen t 3. 1 j o s ep h k. kiplagat 143 COMMENT 3.1 joseph k. kiplagat Ministry of Industrialization and Enterprise Development, Kenya The story of Kenya’s economic and cultural development since independence fifty-two years ago cannot be complete without the contribution of the jua kali sub-sector. From the stories of Kenneth King in 1996 to the present stories of Kamukunji metalworking and other informal industry across the length and breadth of Kenya’s landscape, one comes across a rare phenomenon: simple yet complex arrays of highly skilled and innovative fundis in whose hands no metal, wood, stone or other material refuses to take shape. These fundis have perfected their art over time, thanks to a large extent to the changing demographics of the Kenyan market, better tools, competition with similar products from emerging world economies and better training and skills. When informal sector products first started entering formal markets, there was a misconception that led to the term jua kali becoming associated with products of inferior quality. However, with time the fundis redeemed the positive image of their products through improved quality, adaptability, accessibility, durability, visual appeal and value for money. “In Nairobi, for your cook stoves, pots, pans, wheelbarrows and metal boxes, all roads lead to Kamukunji,” would read a promotional advert. Similarly, in Kisumu, at the lakeside of Lake Victoria, an advert would read: “For all your environmentally friendly mats, beds, ropes, furniture and house fittings and decorations, come to Kisumu.” There is a weed that has gradually choked the shores of Lake Victoria, and the artisans have found a way of using it for a wide array of products. The authors of this chapter have managed to put into perspective the hitherto hidden and unexplored contribution of the informal sector to Kenya’s modern economy and its industrialization process. Few people realize that many of the long-distance trucks and saloon cars plying Kenyan roads are fitted with customized shock absorbers and exhaust system parts made by the fundis of the jua kali sector. In addition, furniture in high-end showrooms often includes parts originating from Kamukunji. Informal manufacturers are relevant not only economically but also culturally. In rural Kenya particularly, a fundi commanded respect and 144 ch ri s top h e r b ul l e t a l. was held in high esteem, surpassed only by the village elder – the chief. My father, who was an accomplished fundi, was revered for his products and services. The fundi played a central role in special cultural ceremonies, by supplying tailor-made products like the hornet crafted from buffalo or gazelle horns. The cluster of metalworkers in Kamukunji studied in this chapter would be ideal to examine the cultural activities and potentially copyrighted outputs produced in the informal sector, an area that deserves further attention. The informal economy is a vital engine for job creation in Kenya. Although metalworking employs a small portion of the informal workforce, its role is by no means small. In fact, the sector emerges as a true hub of innovation, producing products whose markets transcend the traditional low-income brackets to include enlightened high-income customers who appreciate the high adaptation of product design and durability of jua kali products. The chapter provides a valuable service by presenting the various clusters and capturing their diversity, highlighting each of their market characteristics, structures and organization of productive activities. There is good reason why metal boxes are the most commonly manufactured product in Kamukunji. Every pupil and student must carry a box to school, and it needs to be well adapted to the tough realities of informal transportation on Kenyan roads as well as the storage environment at school. Locally made metal boxes are more suitable for these conditions than imported plastic and cloth products. The authors have also made a significant contribution in identifying features of innovation and situating innovations within wider innovation systems. These include cluster businesses, support and service organizations, education and knowledge transfer institutions, associations and regulatory bodies. Using narrative case studies allows them to identify not only innovation activities but also obstacles to innovation. If collected on a large scale, this type of information would constitute an invaluable evidence basis to design effective support mechanisms for jua kali innovators in Kenya. In this respect, the chapter also describes relevant policies and programs and their effect on the informal metalworking sector in Nairobi. These include recent developments related to intellectual property, incubation, local content and sub-contracting that are expected to impact substantially the informal sector and its markets. The jua kali sector has a bright future, despite serious challenges, most notably problems of market access and sustainability in a liberalizing global environment. Through appropriate policy interventions, the c o mmen t 3. 1 j o s ep h k. kiplagat 145 Kenyan government can help the sector secure its legitimate place in the country’s economic and cultural development. Inappropriate policy frameworks in the 1990s impacted negatively not only the jua kali sector but the entire manufacturing and service sectors. Poor strategies have allowed entry into the local market of cheaper products from other emerging economies without building the capacities of local jua kali producers. Very low tax tariffs meant that the market was flooded with the sort of products typically produced by jua kali sector such as textiles, leather, furniture household goods and machinery, as well as secondhand products. Local products could not compete, and many textile and leather factories that were traditional customers for inputs and material from the jua kali sector had to close down. This chapter provides an important call to support local entrepreneurship and local producers in their innovation activities. Future studies should include other jua kali sectors in both urban and rural areas of Nairobi. These studies should be complemented with comparable observation of good practices in the East African region, which constitutes an important market for Kenyan products. 4 Informal Manufacturing of Home and Personal Care Products in South Africa erika kraemer-mbula Introduction Although South Africa contributes substantially to Africa’s overall GDP, the economic progress of the country is constrained by its inability to reduce the legacies of apartheid and redress persistent inequalities. The distribution of income in South Africa is currently one of the most unequal in the world, and disparities between rich and poor have worsened in the last decades. Unemployment in the formal economy remains endemic, with official estimates putting it at over 25 percent in 2012 (StatsSA 2013), particularly affecting the young.1 Meanwhile, the informal economy continues to provide employment opportunities to a large and growing segment of the population.2 The two economic domains in South Africa are commonly referred to as the “first” and “second” economies.3 The first economy is formal, accounted for and subject to legally enforceable rights and duties. The second economy is largely informal, regulated by informal institutions and community norms, and based on cash transactions. Moreover, the future transformation of the country has been identified with its ability to connect the relatively faster economic growth in the first (formal) economy with the development of the second (largely informal) economy. The results of this study indicate that formality and informality are part of the same socio-economic fabric, often inseparable, where 1 2 3 South Africa has been judged to have the third highest unemployment rate in the world for people between the ages of fifteen and twenty-four (World Economic Forum 2014). Official estimates put informal sector employment (non-agricultural) at 12 percent of the labor force (StatsSA 2013a); Charmes reckons informal economy employment in the fiveyear period 2005–2010 reached 32 percent as share of non-agricultural employment (Charmes 2012); and the Adcorp Employment Index (AEI) estimates that the “unofficial sector” represents about 33 percent of total employment (Adcorp 2013). The term was coined by then President Thabo Mbeki in an address to the nation in 2003. 146 i n f o r mal man uf act ur i n g i n sou th afric a 147 actors with various degrees of formality interact, compete and exchange knowledge, skills, products and services. This chapter draws on results from a larger study conducted in South Africa on the informal manufacture of home and personal care products (Kraemer-Mbula and Tau 2014). The range of manufactured products studied falls within ISIC Code 2424: “Manufacture of soap and detergents, cleaning and polishing preparations, perfumes and toilet preparations,”4 and includes products such as cosmetics, fragrances, moisturizers, hair care, detergents and cleaning products. This subsector is part of the larger chemical sector. The South African government has identified the chemical sector as holding high growth potential and opportunities for development, particularly for micro, small and medium enterprises (MSMEs). Moreover, in 2011, the Industrial Policy Action Plan (IPAP2) identified the manufacturing of chemicals as one of the sectors with high employment multipliers and strong backward linkages to suppliers, pulling inputs from the primary sectors and other manufacturing and services sectors, thereby stimulating employment along the entire value chain. Within the Industrial Policy Action Plan, the cosmetics sub-sector has also been identified as a national priority. The formal home and personal care industry is dominated by a few large enterprises, both foreign multinationals and large domestic companies. However, the sector also accommodates hundreds of microenterprises. Although there are no statistics on the representation of informal manufacturers, some reports (Ozone Business Consulting 2012) acknowledge the existence of many enterprises operating informally dedicated to the production of lotions, cosmetics, soaps, detergents and the like. These informal businesses not only provide a form of employment and livelihood for South Africa’s most disadvantaged population segments but also target a large existing customer base demanding cheap and affordable consumer goods, a section of demand that is often overlooked, misunderstood and underestimated in South Africa. The study adopts a systemic approach to examine the informal economic activities generated around the manufacture of home and personal care products, exploring these activities as part of a broader economic, social and institutional system in which informal manufacturers operate. By mapping the innovation system around informal manufacturers, the study identifies the key actors that comprise the productive chain of 4 United Nations Statistics Division, explanatory note available at: https://unstats.un.org /unsd/cr/registry/regcs.asp?Cl=17&Co=2424&Lg=1. 148 er i k a kr aemer -mb u la home and personal care products, including formal and informal suppliers, informal manufacturers and distributors or retailers. These actors include an array of educational and training organizations, funding organizations, government and regulatory bodies, knowledge and technology transfer organizations and industry representative bodies. The collection of data is based on unstructured interviews with key informants in these organizations. In addition, structured interviews were conducted for a sample of twenty-five informal manufacturers directly engaged in the production of home and personal care products in two South African provinces, Gauteng and Eastern Cape. The Informal Economy and Informal Manufacturers of Home and Personal Care Products in South Africa The Informal Economy in the Context of South Africa It is important to understand the presence and continued growth of the informal economy in South Africa in the context of the country’s peculiar political history, which shaped the conditions leading to the informal economy in present times. Apartheid policies based on social segregation and economic discrimination have been central to the formation of South Africa’s informal economy. The apartheid regime defined the political, economic and social landscape throughout most of the twentieth century until the country’s first democratic elections in 1994. The regime was implemented through the systematic exclusion of the majority of the population – black South Africans – by imposing constraints on public participation, access to property rights, education, labor and mobility. The effect of apartheid on labor–capital distributions and industrial development in South Africa has been a source of considerable debate.5 In relation to industrial development, the operationalization of apartheid resulted in the convergence of interests of business and political forces, leading to the rise of industrial groups formed on the basis of the preferential constitutional rights given to the white minority and the simultaneous deprivation of rights from the rest of the population. Regarding the emergence of entrepreneurship, apartheid restrictions limited opportunities in the formal economy for black South Africans (who constitute the vast majority of the population) and placed further restrictions on the right of those entrepreneurs who were not white to 5 For a detailed review of interpretations, see Maharajh (2011) and Scerri (2009). i n f o r m al man uf act ur i n g i n sou th afric a 149 establish and operate businesses. Curtailed access to capital, education and property ownership rights for black people made it virtually impossible to acquire resources, skills or assets that could serve as collateral to obtain finance loans (DTI 2003). Moreover, such legislation limited the range of goods that could be produced and sold, and set up an array of bureaucratic processes that discouraged the registration of any smallscale economic activity. As Maharajh (2011) puts it, “[b]lack business emerged initially on the margins of apartheid and in spite of it” (Maharajh 2011, p. 69). This regulatory and legislative framework not only crippled the emergence of formal small businesses but also prosecuted those created out of the margins of the existing formal regulations. The informal economy in South Africa can therefore be understood as an entrepreneurial response to the legislative limitations experienced by the excluded majority of society at the time. Moreover, the high level of inequality that was generated during this period continues to be a central feature of South Africa’s contemporary economic reality; it remains one of the most unequal countries in the world (UNDP 2010). As South Africa transitions beyond the apartheid era, it is important that the opportunities for participation of historically excluded segments of the society, largely represented today in the informal economy, are carefully considered. Formal unemployment remains an endemic problem in South Africa, at over 25 percent (StatsSA 2013). It is argued that without the informal economy, the unemployment rate would rise to around 47.5 percent (SALGA 2012). Moreover, the pace of employment creation in the informal sector continues to rise (Adcorp 2013; StatsSA 2013). The South African informal economy is very diverse and includes a wide range of economic activities – street vendors, taxi drivers, waste collectors, traditional doctors, manufacturers and home-based care workers – making it practically as diverse as the formal economy. The results of this study indicate that most informal manufacturers of home and personal care products connect with the formal economy along some point of the value chain, at the point of supply, retail or distribution. Manufacture of Home and Personal Care Products in South Africa and Informal Enterprises Home and personal care products play an essential role in the lives of those segments of the population that have managed to cover their most 150 er i k a kr aemer -mb u la basic needs of food and shelter. One striking feature of the industry is the wide range of consumer needs and preferences involved. The demand for these products changes considerably based on multiple factors such as income, lifestyle, culture and so on. For instance, while certain products and ranges may address very basic functions – keeping people and their households healthy and clean: bar soaps, washing-up liquid or multipurpose cleaning products – others fulfill a much more aesthetic function, improving the physical appearance of persons and their households, for example, cosmetics, fragrances, air fresheners and floor wax. Moreover, within each category of product, we find a variety of ranges fulfilling necessities such as oral care, skin care and detergents for different household income levels, demographic segments, tastes and preferences. Given such a broad and fragmented market, the home and personal care product industry has space for small and micromanufacturers targeting very specific market niches. Demand for home and personal care products in South Africa is highly fragmented, reflecting the profound inequalities affecting the country. However, overall it appears that demand is growing in both the formal and informal sectors. The formal personal care industry in South Africa was estimated at 25 billion South African rand (approximately USD 3.5 billion) in 20106 and growing at an annual rate of 10 percent in 2012 (Euromonitor International 2013). The demand for home care products is also high and rising, along with rapid urbanization (and consequently increasingly overcrowded and polluted urban spaces) and consumers being increasingly aware of health and hygiene in their households. Sub-sectoral definitions of home and personal care generally include the following products: (a) Personal care products: skin care (for example, lotion and moisturizers), hair care (for example, shampoos and conditioners), oral care, bath and shower (for example, soaps, gels, salts and foams), cosmetics, deodorants, fragrances and sun care. (b) Home care products: dishwashing, bleach, laundry care, air care (for example, air fresheners), polishes, surface care, toilet care and insecticides. Formal manufacturing and distribution of home and personal care products in South Africa is broadly dominated by a few large multinationals that concentrate between 30 percent and 90 percent of the 6 Using the average annual exchange rate for 2010: USD 1 = ZAR 7.3: www.x-rates.com. i n f o r mal man uf act ur i n g i n s ou th afric a 151 market, depending on the sub-sector and product range7 – for the beauty and personal care industry, six large formal companies concentrate 45 percent of the value sales (Ozone Business Consulting 2012). However, the economic downturn and increase in the cost of living has resulted in price-sensitive consumers seeking out low-price products that cover a range of functions (for instance, multipurpose cleaners, bleaches and bar soaps), allowing space in the market for informal manufacturers catering for the low-price end of demand. Although the existence of informal manufacturers is widely recognized, the share of the small and informal sector in this industry has not yet been estimated.8 South African low-income households spend approximately 4 percent of their incomes on household consumables (Das Nair and Hawthorne 2006) and about 3 percent on personal care (HDA 2012). These are significant proportions of income, and so the prices of these products do matter for low-income households. Profile of Informal Manufacturers of Home and Personal Care Products in South Africa Our study sample comprises 25 companies from Gauteng and the Eastern Cape provinces, with 68 percent of companies being based in Gauteng. The sample has a substantial representation of women entrepreneurs: 52 percent of the companies (thirteen) are owned by women and 48 percent (twelve) by men. One quarter of the respondents stopped their education at primary level; 44 percent have achieved at least a matriculation level of education (in other words, primary and high school); and 32 percent hold a diploma or had some kind of tertiary education. None of the interviewees went on to postgraduate education. The majority of companies are micro-enterprises, with eight companies (32 percent) comprised solely of the owner and fourteen (56 percent) with 7 8 Euromonitor International (2013a) identified Unilever, Avon, Reckitt Benckiser, ColgatePalmolive, Revlon and SC Johnson as some of the leading global players. Private-label brands are also growing in South Africa. A report cited in Ozone Business Consulting (2012) suggested the existence of 60,000 informal businesses in the South African cosmetics sector, although the accuracy of the figure could not be verified. Nevertheless, the Ozone Business Consulting report for the Department of Trade and Industry (DTI) recognizes the existence of a substantial amount of companies operating informally manufacturing from backyards, but without estimating their number. 152 er i ka kr aemer -mb u la Table 4.1 Profile of the informal manufacturers of home and personal care products Location Sub-sector Gender of owner Time in the business Level of education Number of employees Gauteng Eastern Cape Personal care products Home care products Female Male 1–3 years 3–5 years More than 5 years No education Primary Secondary Tertiary Only owner 1–2 employees 2–10 employees 68% 32% 68% 32% 52% 48% 60% 12% 28% 0% 24% 44% 32% 32% 56% 12% Source: Fieldwork 2013. one to two employees.9 Most companies are young, with 60 percent (fifteen) operative for one to three years; interestingly, there is a relatively low percentage (12 percent) of informal companies operating for three to five years in comparison with those operating for more than five years (28 percent). This suggests that while informality may be a temporary/pre-formal stage for some companies during which they test their products and grow to certain size, for others there may be an “informality trap” hindering their chances of formalization after being operative for longer than five years. Chapter 2 in this book describes informality as a continuum, where transitions from informality to formality are gradual and boundaries are blurred and inconsistent within organizations – for instance, within an organization we may find that some activities are carried out formally while at the same time others are carried out informally. In this respect, 9 The Integrated Small Business Development Strategy in South Africa 2004–2014 (p. 8) defines micro-enterprises as very small businesses, often involving only the owner, some family members or with one or two paid employees. They usually lack “formality” in terms of business licenses, value-added tax (VAT) registration, permanent business premises, operating permits and accounting procedures. Most of them have a limited capital base and only rudimentary technical or business skills. i n f o r m al man uf act ur i n g i n sou th afric a 153 Table 4.2 “Degree of informality” of respondents 1 2 3 4 5 Is your business registered? Do you have formal contract with your employees? Do you keep regular accounts of your business? Have you obtained a loan from the bank? Are your products registered? Yes (%) No (%) 52 8 32 4 0 48 92 68 96 100 Source: Fieldwork 2013. there would be “degrees of informality” that vary from one firm to another. The degree of informality in this study is identified by means of five specific questions relating to (a) business registration, (b) contract with employees, (c) regular bookkeeping, (d) use of formal financing mechanisms (i.e. bank loans) and (e) product registration. Companies that indicate informality in four out of five of these aspects are considered in this study to be informal businesses. While standards and guidelines are provided by the Cosmetic, Toiletry and Fragrance Association of South Africa (CTFA) and the South African Bureau of Standards (SABS), it is not compulsory to test or register cosmetics or cleaning products in South Africa. None of the respondents in our sample have their products formally tested or registered with SABS. The varieties of products examined in this study include two subsectors: (a) personal care products including cosmetics, perfumes and toiletries and (b) home care products including soaps and cleaning chemicals. Within the sub-sector of personal care products – see Figure 4.1 – fragrances and body lotions appear to be the products most frequently targeted by informal manufacturers. Producing fragrances seems relatively easy for many informal manufacturers of cosmetics. Informal manufacturers of fragrances very often obtain essential oils from formal suppliers, who offer mixed combinations of perfume oils that have a similar scent to mainstream perfumes. Once the informal manufacturer buys the mixed scent, the process of mixing the oils with alcohol and other ingredients to obtain the final perfume requires little equipment. Entering the manufacture of perfumes and establishing a customer base sometimes creates an incentive for the informal entrepreneur to diversify their product range, using the same fragrances and scents to produce a range of lotions, roll-ons and bath salts. Many 154 er i ka kr aemer -mb u la Body lotion Fragrances Deodorants Foam bath Hand soap Hair shampoo Hair conditioner Haircare treatments Flavoured vaseline Body butter Bath salts Bar soaps Colour cosmetics Body powder 40% 36% 16% 16% 16% 12% 12% 12% 12% 8% 4% 4% 4% 4% Figure 4.1 Range of cosmetic products and frequency observed – percentage of respondents manufacturing each product. Source: Fieldwork 2013. Sample size = 25 informal manufacturers. Note: Respondents occasionally noted more than one product, so percentages do not add up to 100 percent. interviewees highlight bar soaps and color cosmetics as two of the markets they are seeking to enter, having observed a sizeable gap in the market for affordable products. However, we find fewer manufacturers dedicated to this line of products due to the technology and equipment requirements for production. Manufacturing home care products usually requires a higher level of technical knowledge than manufacturing personal care products, especially regarding the raw materials, health and safety in the manufacturing process and the formulas needed to achieve the final product. Washingup liquid is the most frequently observed product in our sample, followed by pine gel (general-purpose cleaner and disinfectant) and bleach. Innovation by Informal Manufacturers of Home and Personal Care Products Innovation Profile of Informal Manufacturers At the level of the firm or productive unit, innovation requires channeling resources to certain activities and not others. It implies a change in the way things are done in an organization. In small informal businesses, Figure 4.2 Examples of personal care products manufactured by in-house informal manufacturers. Source: Fieldwork 2013. Photo: E. Kraemer-Mbula. 156 Pine gel Dish washer Bleach Detergent Toilet cleaner Sani pine All purpose cleaner Air freshener Fabric softener Car wash Floor polish Oven cleaner Drain cleaner Carpet cleaner er i ka kr aemer -m b u la 24% 24% 20% 16% 16% 16% 16% 8% 8% 4% 4% 4% 4% 4% Figure 4.3 Range of home care products and frequency observed – percentage of respondents manufacturing each product. Source: Fieldwork 2013. Sample size = 25 informal manufacturers. Note: Respondents occasionally noted more than one product, so percentages do not add up to 100 percent. engagement in innovation very much depends on the will of one individual, usually the firm owner. This willingness may to some extent be reflected in the owner’s perception of his or her own product, which may indicate the areas to which innovative efforts may be directed. In this study, informal manufacturers were asked, “what makes your product successful?” A large proportion of respondents show substantial confidence in their products: 40 percent (ten) indicate “quality” as an important feature of their products, and 56 percent (fourteen) mention customer support services as central to their sales. Regarding the types of innovations, many respondents mention incremental innovations in products, often related to significant product improvements (in formulations or packaging), rather than the generation of radically “new” products.10 Significant improvements in production processes are less frequent, with 76 percent of the respondents (nineteen) reporting no changes or improvements in this regard. Process innovations are related to the introduction of new quality control mechanisms, the acquisition of new equipment or changes in the way production processes are structured. 10 Note that the definition of innovation provided above considers both “significant improvements” and “new” products as innovations. i n f o r m al man uf act ur i n g i n sou th afric a 157 (a) By significant improvements in products, respondents mean both internal changes to the product (for instance improved formulations) and external changes (such as improved packaging and labeling). • Improved formulations. Eight respondents (32 percent) claim to have made significant modifications to the original formulation of their products. Some of the most mentioned improvements relate to improving the formula to make cosmetics stronger and more durable (for instance, adding a larger proportion of oils to perfume recipes), or adding healing properties to cosmetic products on the basis of known natural remedies (for instance, adding vinegar to foam bath or hair products to treat various types of bacterial conditions). Improved formulations were often a response to express requests from customers (for example, asking for longlasting fragrances), inputs from suppliers (for instance, newly available raw materials or packaging), regulatory pressures to increase the quality of their products (such as safety concerns) or replacement of certain ingredients with more natural ingredients to target a new market and increase the profit margin. • Improved packaging and labeling. Packaging is often reported to be a critical component of cosmetics, and 16 percent of respondents say they have introduced significant improvements in their packaging and labeling. It is also noted that most interviewees started their business using the most basic packaging, often plastic containers recycled from other products (e.g. soft-drink bottles) and hand-written labels. As businesses become more established, improvements in packaging are more frequent in order to reach a broader customer base. These innovations often involve adding decorative layers to the products or using wrapping paper with specific tribal designs to attract specific customers. Improvements in packaging and labeling are often a means of product differentiation and knowledge appropriation and a source of competitive advantage. (b) Significant improvements in processes can take the form of quality control mechanisms, new or improved equipment or organizational changes in the structure of the production. • Introduction of quality control mechanisms in production. Since home and personal care products depend heavily on chemical substances, it is normal practice for formal manufacturers to ensure that quality control mechanisms are an intrinsic part of 158 er i k a kr aemer -mb u la (a) (b) Figure 4.4 Examples of home care products manufactured by informal manufacturers. Source: Fieldwork 2013. Photo: E. Kraemer-Mbula. Note: (a) Samples of products produced by manufacturers at the Technology Chemical Station (TUT); (b) sample of products produced by informal in-house manufacturer. the manufacturing process. However, quality control mechanisms such as stability tests – to measure pH value, texture and viscosity – microbiological tests and testing the impact of packing on the product (packaging stability) usually have cost implications that informal manufacturers are unable to face. Nevertheless, some of these quality control mechanisms are more affordable than others and easy to perform – for instance, measuring the pH using pH stripes or ensuring the stability of fragrances through refrigeration are relatively low cost. In this respect, 16 percent of the companies informal manufacturing in south afri ca 159 Table 4.3 Perception of own product quality by informal manufacturers of home and personal care products What makes your products successful? Percentage of firms* Customer service Quality compared with competitors Lower price Good-quality raw materials Attractive packaging and branding Good knowledge of product and market Attractive brand Not good products 56 40 32 16 16 8 8 12 Source: Fieldwork 2013. Note (*): Respondents occasionally noted more than one factor, so percentages do not add up to 100 percent. Table 4.4 Significant improvements to products and processes, as reported by respondents Improvements in products Percentage of firms* None Improved formulations Packaging and branding improvements Improvements in processes None Introduction of quality control mechanisms in manufacturing Acquisition or improvements in equipment Organizational changes in the structure of the production 44 32 16 76 16 12 8 Source: Fieldwork 2013. Note (*): Respondents occasionally noted more than one improvement, so percentages do not add up to 100 percent. report having introduced quality control mechanisms in their production process. In most cases, good practices are transferred among manufacturers or between suppliers and manufacturers. • Acquisition or improvement of equipment. We find cases of informal enterprises crafting affordable versions of expensive 160 er ika kra eme r -mb ula Figure 4.5 Examples of improvements in soap packaging. Source: Fieldwork 2013; Photo: E. Kraemer-Mbula. equipment by reassembling various pieces of equipment, for instance, a company reproducing an electric mixer by using a secondhand electrical drill and a metal piece found in a scrap yard. In this example, making low-cost equipment involves an investment of ZAR 500 (around USD 50) in crafting the machine, i n f o r m al man uf act ur i n g i n sou th afric a (a) 161 (b) Figure 4.6 Example of process innovation – crafting low-cost equipment. Source: Fieldwork 2013; Photo: R. Hendrikz. Note: (a) Example of electric mixer, available at TUT Technology Station for Chemicals; (b) low-cost replica of electric mixer. instead of ZAR 30,000 (around USD 3,100) of investment in a new machine.11 Having this piece of equipment allows the company to mix lotions, soaps and bath foams in larger volumes and at a faster rate than doing it by hand. With this machine the company can produce larger quantities and change its business model, selling in bulk to resellers rather than selling individual units to consumers. • Organizational changes in the structure of the production. Eight percent of respondents report significant changes in the way the manufacturing process is organized. These improvements appear to be strongly related to the shift from manual to mechanical processes, as most manufacturers still rely on manual techniques to generate their products. 11 Using the average annual exchange rate for 2013 USD 1 = ZAR 9.6: www.x-rates.com. 162 er i k a kr aemer -mb u la Table 4.5 Key features of innovation by informal manufacturers of home and personal care products Features of innovation Description Incremental • The types of innovations observed are new to the company, rather than new to industry, nationally or globally. They mainly manifest in improvements in the formulation or the aesthetic value of the product. Reactive • Reacting to customers. Modifications and improvements to manufactured products are mostly made in response to customer requests. Informal manufacturers seem to rarely pay attention to emerging opportunities or trends in national and international markets. Their strong dependency for business survival on a small customer base makes them very responsive to immediate demand. • Reacting to suppliers. Since informal manufacturing of home and personal care products is largely based on mixing raw materials and packaging the obtained product, suppliers (either formal or informal) play a big role in triggering innovation by informal entrepreneurs. Given the strong competition among suppliers, it is their interest that informal entrepreneurs increase their range of products and that they do well in their businesses, as that will ensure future business with them as suppliers. Proactive • Packaging and labeling improvements are examples of product innovations introduced by informal manufacturers to reach out to a wider market. Collaborative • Informal entrepreneurs lack the resources to invest in research and development, and often rely on collaboration and exchange of ideas with other informal manufacturers that materialize in product or process innovations. Source: Author. Table 4.5 summarizes the key characteristics of the innovation activities observed among our sample of informal manufacturers of home and personal care products. informal manufacturing i n south afri ca 163 Table 4.6 Obstacles to innovation, as reported by respondents Percentage of respondents* Insufficient education and knowledge Lack of machinery and equipment Inadequate premises Lack of access to finance Lack of access to raw materials Lack of physical access to larger markets Lack of testing facilities Lacking R&D facilities 32 32 28 24 16 16 8 4 Source: Fieldwork 2013. Note (*): Respondents occasionally noted more than one obstacle, so percentages do not add up to 100 percent. Obstacles to Innovation and Scalability Informal entrepreneurs confront multiple challenges simply to survive in a marketplace dominated by formal and often more competitive producers. The obstacles to innovation appear to be strongly linked to the obstacles for their survival as micro-enterprises. In this study, the most frequently mentioned by informal manufacturers include “insufficient education and knowledge” and “lack of machinery and equipment,” mentioned by one third of the respondents – see Table 4.6. Interviewees often indicate that although they have ideas for the introduction of significant improvements, these two factors stand in the way of their ability to innovate. Informal manufacturers generally lack premises for production and conduct their activities from their backyards, kitchens and garages – with the additional limitation in terms of access to infrastructure characteristic of informal settlements as described in the first section of this chapter. In this respect, seven respondents (28 percent) indicate that inadequate premises poses a major constraint on their ability to come up with new products. Insufficient access to finance is also identified as one of the main obstacles to innovation by 24 percent of informal manufacturers (six respondents), who often operate their businesses purely based on cash transactions and without a bank account. 164 er i k a kr aemer -mb u la Knowledge and Technological Profile of the Sector The equipment that most informal manufacturers in this sub-sector use is rather basic and mainly consists of kitchen utensils (pots, pans, manual blenders, microwaves, stoves, refrigerators, etc.). The manufacturing process is mainly a “recipe-based” activity; in other words, it involves mixing raw materials in specific proportions following a formula. Measuring jars and scales are therefore indispensable pieces of equipment, to ensure that raw materials are combined in the right proportions. Microwaves and ovens are used for sterilization of manufacturing equipment and raw materials. More sophisticated equipment generally used for the production of home and personal care manufacturing includes: • Precision scales: to ensure that the mix of ingredient is exact and results are consistent. • Crimping machines: widely used in perfume manufacturing, to fix pumps on to glass bottles. Using this equipment not only increases the quality of products but also reduces the evaporation of perfume once it is bottled. • pH testing devices: the pH of chemical solutions can be tested manually using pH test strips that are available at low cost, or by using digital pH meters that provide precise pH values. • Electric and manual mixers: these are indispensable in the manufacturing of cosmetics and detergents to achieve a homogenous mix of ingredients. This type of technology creates a significant competitive advantage in relation to manual methods but requires significant investment as prices range from ZAR 30,000 to ZAR 70,000, depending on quality and functionality (USD 3,100–7,200).12 • Bottle-filling equipment: this can be either manual or electrical and is designed specifically for bottling cosmetic creams and lotions, liquid and semi-liquid cosmetics (shampoo, detergents, foam bath, etc.). This type of equipment significantly reduces waste and increases hygiene in the packaging process. Only 16 percent of the respondents report having acquired a motor/ electrical mixer, though the study identified companies that have elaborated their own equipment. More sophisticated technology such as crimping machines and precision scales were found much less frequently, 12 Using the average annual exchange rate for 2013 USD 1 = ZAR 9.6: www.x-rates.com. informal manufacturing i n south afri ca 165 in only 8 percent of the sample companies, while bottle-filling equipment was used by only 4 percent of respondents. Suppliers appear to be a critical source of knowledge for the informal manufacturers interviewed. Suppliers include both formal and informal companies supplying raw materials, packaging, equipment, labels and so on. Informal manufacturers choose their suppliers on the basis of a variety of reasons, including, among others, proximity, reliability, price and the option of purchasing on credit. Price plays a particularly important role and information about cheap suppliers was mentioned to be a valuable asset for any informal manufacturer. Informal manufacturers usually rely on smaller (and often informal) suppliers who operate in their vicinity and can supply smaller volumes. Small suppliers catering for micromanufacturers must compete between themselves to attract low-income micro-manufacturers and secure their clientele.13 As part of their marketing strategies, suppliers become a regular source of training and manufacturing advice as well as a source of support for product diversification by micro-manufacturers. Such services are often provided free of charge, as a way to establish closer and more durable relationships with their clients. As a result, almost one-third of the informal manufacturers interviewed report having obtained relevant knowledge in the form of training from a supplier company – see Table 4.7. Technology transfer organizations such as TUT Technology Station in Chemicals, Chemin, Sasol Chemcity and EgoliBio are key sources of knowledge, through the provision of formal training in manufacturing processes. Each of these technology transfer organizations provides different services, but common services offered include: • • • • • training in product manufacturing and safety technical demonstration assistance in commercializing technology intellectual property management connection with suppliers, research organizations and funding opportunities • product testing. The services provided by technology transfer organizations have cost implications for the micro-enterprise, although informal micro13 Interviews with informal manufacturers were complemented by interviews with contract manufacturers and suppliers of raw materials, who explained the heavy competition that takes place at the level of small suppliers. 166 er i k a kr aemer -mb u la Table 4.7 Main sources of knowledge reported Where did you acquire the knowledge to manufacture home and personal care products? Training by suppliers Formal training by technology transfer agency Previous work experience Learnt informally from other manufacturers Self-training by experimentation (trial and error) Books and manuals Learnt informally from people with previous experience in the industry (retired) Internet Relatives Percentage of firms* 28 24 24 24 24 20 12 12 12 Source: Fieldwork 2013. Note (*): Respondents indicated all sources of knowledge used, so percentages do not add to 100 percent. manufacturers tend to get subsidies and reduced prices. Six respondents (24 percent) engage in some form of formal learning interaction with a technology transfer agency,14 while an equivalent percentage report obtaining some of their knowledge informally from other manufacturers/ producers in the industry. For this latter group of respondents, obtaining knowledge from peer manufacturers usually requires developing a relationship of trust in which the knowledge exchanged is equally beneficial to both parties. Also, 24 percent of respondents report having obtained relevant knowledge through prior experience working in the sector, in many cases through being employed in manufacturing companies (often formal companies) and then losing their jobs. Learning through experimentation (trial and error), also appears to constitute a critical source of knowledge for informal manufacturers, as it is reported by 24 percent of respondents as relevant. Informal manufacturers were also questioned about their reliance on traditional knowledge. Nineteen respondents (seventy-six percent) claim that their products do not rely at all on traditional knowledge while four 14 But note that this high percentage may be a reflection of the process by which we identified informal manufacturers, as this was facilitated in some instances by technology transfer agencies. i n f o r mal man uf act ur i n g i n sou th afric a 167 (16 percent) state that their products are partially based on traditional knowledge; in these cases, the TK is described as widely available and easily accessible as part of common knowledge. Only 12 percent of respondents say they are largely reliant on TK, passed on to them by their grandmothers. It must be noted that the concept of traditional knowledge is wide and open to interpretation, which calls for closer attention of its role in this manufacturing sector and possibly further research. Although family members do not feature as a relevant source of knowledge, the evidence suggests that knowledge does get transferred from individual to individual via informal training in the community. In this regard, eleven respondents (44 percent of the informal manufacturers) report to have trained other people – in many cases to members of the community that are in particular situations of need. Passing on knowledge to others reveals a sense of responsibility and duty toward the community in which informal entrepreneurs operate. In those cases where informal training has been provided, each producer had passed on some of his or her knowledge to an average of 2.2 additional people. More than half of the respondents report having had no interaction with any formal or semi-formal organization (52 percent) – for the definition of semi-formal organization, see de Beer, Kun and WunschVincent (2013). The remaining 48 percent report having obtained knowledge from (1) technology transfer organizations such as TUT Technology Station for Chemicals, Chemin or Sasol Chemcity, (2) business incubators such as the Awethu Project, the Hope Factory and Young Business SA, (3) representative associations such as the CTFA and Proudly South African and (4) networking initiatives for entrepreneurs such as the Hookup Dinner, Enablers and the Branson Centre of Entrepreneurship. Manufacturers often connect with various organizations at the same time, and establishing a connection with one formal organization often opens further opportunities to connect with other actors. Informal manufacturers often exchange information and knowledge about cheaper suppliers – important given their expressed difficulties in accessing affordable raw materials in bulk. They also exchange ideas relating to product innovation (20 percent of the respondents exchange this type of information and knowledge with peer manufacturers), markets (12 percent), branding (8 percent) and customer service support (8 percent) – see Table 4.9. 168 (a) (c) er i ka kr aemer -m b u la (b) (d) Figure 4.7 Examples of sophisticated equipment made available to informal manufacturers by technology transfer organizations. Source: Fieldwork 2013; Photo: E. Kraemer-Mbula. Note: Equipment available at the Technology Station in Chemicals (Tshwane University of Technology): (a) a digital pH meter; (b) equipment to determine moisture in samples; (c) a mixer and homogenizer; and (d) a temperature regulator. Mapping the Innovation System of the Informal Manufacturing of Home and Personal Care Products Chapter 2 in this book emphasizes the systemic nature of innovation, providing an interpretation of an innovation systems framework for the informal economy. An important contribution of the systemic approach is its recognition of the importance of the socio-economic and political context in which productive and innovation activities are embedded. i n f o r m al man uf act ur i n g i n s ou th afric a 169 Table 4.8 Reported knowledge flows Have you trained other people? If so, how many? (average) Yes No 44% 2.2 56% – Source: Fieldwork 2013. 0.6 52% 0.5 48% 0.4 0.3 24% 0.2 16% 16% 12% 0.1 0 No interaction Interaction Technology transfer organisations Business incubators Representatitve Networking associations initiatives for enterpreneurs Figure 4.8 Percentage of respondents engaging with formal organizations. Source: Fieldwork 2013. The system surrounding these activities influences the configuration of capabilities and skills, as well as rate and direction of the dissemination and use of innovations. Consequently, production and innovation reflect the combination of prevailing institutions and socio-economic structures forming the system (Lastres and Cassiolato 2005; Chapter 2 in this book). The innovation system around the informal manufacture of home and personal care products in South Africa is illustrated in Figure 4.9. Within this system we identify actors comprising the productive value chain as described earlier in this chapter (including formal and informal suppliers, manufacturers and distributors or retailers). This productive value chain operates within the immediate boundaries of the community, which plays an important role not only as a source of demand but also in setting up the “informal institutions” guiding the behavior of informal entrepreneurs. Formal organizations are represented by an array of educational organizations (as the main generators of skills and training), funding and support organizations, knowledge and technology transfer organizations and representative bodies. Formal rules of engagement are 170 er i ka kr aemer -m b u la Table 4.9 Knowledge flows among producers/manufacturers Do you interact with other producers? Yes 72 If yes, what kind of knowledge do you exchange? Cheaper suppliers Product innovation/new and improved products Joint orders for raw materials/packaging Markets and general ideas about the industry Branding and labels Services and customer support Business strategies No 28 Percentage of firms* 36 20 12 12 8 8 4 Source: Fieldwork 2013. Note (*): Respondents occasionally indicated more than one type of knowledge exchanged, so percentages do not add up to 100 percent. shaped by government agencies, the broader regulatory framework and international standards. Note that since the industry is dominated by a few large foreign and national companies, the innovation system is largely biased toward the needs of large formal companies. Only recently have targeted efforts been made to develop micro, small and medium enterprises in the sector – mainly through the recently established Cosmetics Desk at the Department of Trade and Industry (DTI) and more recently the South African Department of Small Business Development. Table 4.10 summarizes the influence that each of the relevant actors within the identified innovation system may have on the innovation activities of informal manufacturers of home and personal care products. Appropriation Mechanisms of Informal Manufacturers The Intellectual Property Landscape in South Africa Legislation on intellectual property rights in South Africa is generally seen as quite advanced by international standards (WEF 2013).15 General 15 According to the Global Competitiveness Index published by the World Economic Forum, South Africa does well on measures of the quality of its institutions, including intellectual property protection, ranking 18th in the world. GLOBAL INTERNATIONAL MARKET TRENDS, STANDARDS AND TECHNOLOGIES Regulatory framework Regional/local government Education organizations Public (Universities) Funding & financial support orgs Formal Private COSCHEM Medicines Control Council (MCC) Department of Trade & Industry (DTI) Knowledge & technology transfer Business incubators Technology transfer orgs. IPR regulatory bodies (CPIC) Representation associations Formal associations (CTFA, ACA) Informal traders assoc. Service providers Formal suppliers Formal manufacturers Formal retailer Informal Informal suppliers Informal manufacturers Informal retailer Final consumer/ user Private consultants Testing orgs (SABS) Community CULTURAL, SOCIO-ECONOMIC AND HISTORICAL CONTEXT Figure 4.9 The system of innovation and production in the informal manufacturing of home and personal care products in South Africa. Source: Authors. Note: Dotted arrows indicate closer connections to informal economic activities; regular arrows indicate closer connections to formal economic activities. Table 4.10 Functions of actors in the innovation system and assessed impact on informal manufacturers of home and personal care products Actor Functions Public universities and higher education organizations Representation organizations Provide specialized skills in natural and social sciences Provide training, guidelines, manufacturing standards and dissemination of good practice Provide guidance and training on business management and strategy to SMMEs Provide subsidized technical training, testing facilities and manufacturing support to SMMEs Provides testing and certification of products, establishes standards Oversees the industry, provides technical and financial support to SMMEs in the industry Tests and approves or bans medical products Provide raw materials, testing and training Provide raw materials Provide feedback about product improvements Business incubators Technology transfer agencies South African Bureau of Standards (SABS) The Department of Trade and Industry Medicines Control Council (MCC) Formal suppliers of raw materials Informal suppliers of raw materials Customers Source: Fieldwork data. Assessed level of impact on innovation by informal manufacturers Medium Low Medium Medium–high Low Medium Low High Low-medium High i n f o r m al man uf act ur i n g i n sou th afric a 173 protection is provided by the Consumer Affairs Act 2008 (No. 68 of 2008) and specific protection for industrial property is provided by, inter alia, the Merchandise Marks Act 1941, the Trade Marks Act 1993, the Patents Act 1978, the Designs Act 1993, the Copyright Act 1978, the Counterfeit Goods Act 1997, the Intellectual Property Rights from Publicly Financed Research and Development Act (No. 51 of 2008) and their respective amendments. The Indigenous Knowledge Systems (IKS) Policy was adopted by Cabinet in 2004, with a first bill (IP Laws Amendment Bill No. 8B of 2010, IPLAB) and a second Bill (draft Protection of Traditional Knowledge Bill) recently published for public comment. Under the South African Patent Act (No. 57 of 1978), the Companies and Intellectual Property Commission (CIPC) is the custodian of all new patent applications that are filed within the Republic of South Africa. An individual can privately file a provisional patent application, but only a patent attorney can file a non-provisional patent application and assist in drafting the patent specification. South Africa is one of 142 countries party to the Patent Cooperation Treaty (PCT). This Treaty allows an individual to file an international application as well as a national application. Under the SA Patent Act, there is a requirement for absolute novelty – in other words, the invention must be not known or used anywhere in the world on or before the filing date/priority date. For a South African national, the patenting procedure usually starts with the filing of a provisional patent application in South Africa. The cost for a patent attorney to prepare and file a provisional patent application can be from ZAR 8,000 to ZAR 20,000 (USD 830–2,100)16 or more if the invention is complex and a lot of time is required to prepare the patent specification. After the provisional patent has been filed, the applicant has one year to take the next step – the filing of a complete patent application. The complete application can cost from ZAR 15,000 to ZAR 35,000 or more depending on the complexity of the invention.17 Essentially, intellectual property rights are private civil rights. It is therefore the primary responsibility of the right holder to seek remedies in order to protect those rights. They must monitor the activities of competitors as well as developments in the marketplace and take action to stop any infringement of rights or obtain recovery of losses. Such 16 17 Using the average annual exchange rate for 2013 USD 1 = ZAR 9.6: www.x-rates.com. This would be the equivalent of employing a sales person for four to nine months at the minimum wage stipulated for the retail sector (ZAR 3,866 per month for 2014, according to www.labour.gov.za). Table 4.11 Cost of appropriation Type Official fees (a) Attorney’s fees Granting body Enforcement Duration ZAR 8,000+ ZAR 8,000 ZAR 27,000 CIPC By owner 20 years(b) By owner/ assisted by government By owner/ assisted by government By owner/ assisted CIPC By owner 10 years(c) Patent: Provisional application Complete appl./ PCT National Phase appl. PCT International Phase appl. Trademark ZAR 60 ZAR 590 ZAR 590 CIPC Copyright ZAR 0 CIPC Cinematograph Films(e) Designs ZAR 510 ZAR 240 CIPC CIPC Life of the original creator plus 50 years(d) Aesthetic designs: 15 years Functional designs: 10 years(f) Source: Companies and Intellectual Property Commission (CIPC), South Africa. (a) ZAR 60 only includes the cost for an individual to file a provisional patent without the assistance of a patent attorney. A provisional patent gives the applicant twelve months to file either a complete patent in South Africa only at a cost of about ZAR 8,000 or an international patent application (PCT) that costs ZAR 8,000 for individuals (eligible for reduction of 90 percent of the filing fee and 75 percent of the search fee by the Austrian Patent Office) and ZAR 27,000 for all other applicants. (b) Maximum of twenty years provided that it is renewed annually before the expiration of the third year. (c) A trademark should be renewed every ten years and can last indefinitely. (d) Specifications vary for literary works, computer programs, sound recordings and films. Most works eligible for copyright protection do not require registration or other formalities except for cinematograph films. (e) Registration of a film is one-off and protection lasts for the duration of normal copyright protection. (f) Registered designs have to be renewed annually before the expiration of the third year. i n f o r m al man uf act ur i n g i n sou th afric a 175 action may be taken under the Counterfeit Goods Act 1997 with the assistance of inspectors acting in their capacity as government officials. Appropriation Mechanisms Used by South African Informal Manufacturers of Home and Personal Care Products Appropriation mechanisms commonly utilized in the formal economy are described in Chapter 6 in this book and range from legally codified titles through to informal methods. The same chapter also indicates that formal mechanisms of knowledge appropriation (such as patents and trademarks) – used to protect innovators from imitation – may have limited applicability and coverage for certain industries and companies. As a result, other appropriation mechanisms, such as secrecy and division of duties, are likely to be more applicable in the context of microenterprises and informal enterprises. The perception of a need to appropriate knowledge may be expected to relate to the perception of “ownership” of knowledge itself. In this case study, 76 percent of informal manufacturers of home and personal care products in South Africa indicate that they do not consider that the ideas of the products they make belong to them. This is an important premise to bear in mind when analyzing suitable mechanisms of knowledge appropriation for the informal sector. However, the study also indicates that informal manufacturers are in fact concerned about knowledge protection. These concerns relate mostly to their perception of strong competition and their fear that they will lose market share if new competitors get established in the same geographical area in which they operate. In this respect, 56 percent of respondents report using some type of mechanism, either formal or informal, to protect their knowledge. This is an important finding as it indicates that there is an territorial and geographical component to productive and innovation systems for informal entrepreneurs. Fully 80 percent of the interviewees have their own brand, in the sense that they identify their product with a name and/or a logo, often displayed on the product. Using a brand is not necessarily associated with having a registered business – 75 percent of non-registered business and 85 percent of companies that are registered say they are brand-owners. It must be noted, however, that having an attractive brand is not identified by informal manufacturers as one of the current strengths adding to product quality. Table 4.12 indicates that formal mechanisms of knowledge protection are the least used – 4 percent of interviewees report holding a trademark, 176 er i k a kr aemer -mb u la Table 4.12 Appropriation mechanisms used by informal manufacturers Percentage of firms* Formal mechanisms Trademark Contractual agreements with contract manufacturers Semi-formal Secrecy Informal Effective sharing of information Division of duties Customer relationship management Packaging 4 4 48 72 64 56 20 Source: Fieldwork 2013. Note: Sample size = 25 informal manufacturers; * Respondents occasionally noted more than one mechanism, so percentages do not add up to 100 percent. and 4 percent have a contractual agreement with a manufacturer to whom they have outsourced the development of formulas. None of the interviewees reports having filed a patent or used copyright. Secrecy is widely used, with nearly half of the companies (47 percent) saying they keep some of their innovative ideas secret. However, informal manufacturers often see secrecy as a barrier to growth in that they express concerns about training new people whom they fear may then start their own business and become competitors. Other informal mechanisms of knowledge protection can be observed through an analysis of business practices, but note that interviewees do not regard these as explicit mechanisms of knowledge protection. The interviews reveal that effective sharing of information is the most common mechanism of knowledge protection. Through this practice, companies share some of their knowledge with other micromanufacturers in exchange for other knowledge that may be useful for their own business. This type of exchange does not involve monetary transactions but appears to be guided by a code of honor and trust among producers and a sense of responsibility to their community. When my mother passed away, I had to look after my family. I had nothing. I could not spend time studying and I needed to learn to make something that would bring money to the house. An old lady in the neighborhood knew how to make candles, and she taught me the basics, i nf o r m a l m a n u f a c t u r i ng in so u t h a f r i c a 177 so with her I learnt how to mix wax and fragrances. [Then I learnt more from different places and different people] . . . and now I am making perfumes, lotions and hair masks. The knowledge I have, I have received it from elsewhere. I don’t mind sharing it, but it must be in exchange of other information I need, or it must be to somebody that is in a difficult situation. (Informal manufacturer of skin and hair care products, 23 years old) Sixty-four percent of respondents have established some kind of division of duties to ensure that knowledge is protected within the company. Given the small size of the companies, division of duties usually implies that the owner undertakes manufacturing while their employees are responsible for tasks relating to packaging and sales. Managing customer relationships is seen as essential by many interviewees, and 56 percent expressly mention the importance of customer relationship management. Awareness of and Attitudes toward IP The information collected indicates that informal manufacturers are often unaware of the technicalities of the intellectual property rights regime. Thirty-six percent of respondents indicate that they are not aware of IP issues and IP legislation in South Africa. Thirty-two percent refer to it as unsuitable for or inaccessible to micro-manufacturers, essentially indicating that they see it as out of their reach. Twenty percent are not bothered about IP policy or consider it inapplicable to their line of business, and 12 percent say it is applicable but too expensive. Among respondents, intellectual property is almost exclusively understood as equivalent to formal mechanisms such as patents and trademarks. However, the vast majority of respondents – 23 respondents (92 percent) – have never attempted to apply for a patent, trademark or other formal mechanisms of knowledge appropriation. Where a trademark application has been filed, it has been with the assistance of a business incubator guiding the process. Eighteen interviewees (72 percent) do not have any suggestions in terms of suitable mechanisms of knowledge appropriation beyond those semi-formal and informal mechanisms they already use. Twenty percent suggest trademarks as a suitable means of knowledge appropriation, since trademarks allow brand recognition to be established through the registration of the brand name, a logo or even a bottle shape – see Figure 4.10. Micromanufactures of home and personal care products regard innovation in 178 er i ka kr aemer -m b u la Table 4.13 Respondents’ assessment of the IP policy landscape in South Africa Percentage of firms* Do not know Not suitable for/inaccessible to micro-manufacturers Not bothered about it/inapplicable to this kind of business Useful but too expensive 36 32 20 12 Source: Fieldwork 2013. Trademarks 20% Patents 8% None/ not known 72% Figure 4.10 Respondents’ suggestions of suitable mechanisms of knowledge appropriation – frequency of suggested mechanisms. Source: Fieldwork 2013. Note: Sample size = 25 informal manufacturers. these areas as more likely than patentable innovations (i.e. inventions that are new to the whole world) and consider trademarks to be potentially useful in building an identity in the market place. However, they also acknowledge that the cost of enforcement would prevent them from pursuing formal action in case of infringement. Alternative Strategies for Appropriation On the basis of the information obtained in the study, this section considers three possible alternative strategies to conjecture what an increased use of IP would entail for informal manufacturers in terms of innovation and income. Importantly, most respondents consider open i n f o r mal man uf act ur i n g i n sou th afric a 179 Table 4.14 Opinions about knowledge appropriation Would you like to make use of formal mechanisms to protect your ideas? Is open transfer of innovative ideas useful in this sector? Yes No 32% 68% 88% 12% Source: Fieldwork 2013. transfer of ideas to be a useful practice in the sector. However, 32 percent indicate that they would like to use some kind of formal mechanisms to protect their ideas – see Table 4.14. The three strategies developed below are largely exploratory and present tentative pathways for an increased use of IP in the informal economy. They do not present mutually exclusive alternatives, but rather can be thought as coexisting and complementary options if they are applied and tailored to specific territories or localities where informal enterprises may have different needs. Strategy 1: Creation of Semi-Formal Industry Associations or Geographically Based Associations that Include Informal Manufacturers The results of the study indicate that existing associations for manufacturers of home and personal care products mainly represent large manufacturers and suppliers, which to some extent reflects the dominance of such companies within the sector. Micro and small entrepreneurs in this sector, whether formal or informal, lack a platform to voice their particular needs, interests and practices. Studies of other sectors and other countries indicate that semi-formal associations can be very useful as platforms for the exchange and collective protection of knowledge among informal entrepreneurs (see Chapters 3 and 5 in this volume). In the case of South Africa, the exchange of ideas between micromanufacturers (both formal and informal) appears to be a valuable mechanism in promoting innovation. However, these exchanges are mostly ad hoc and limited by the geographical areas in which informal actors operate. In this strategy, an association representing micro-manufacturers would act as a knowledge broker or intermediary, responsible for developing collective semi-formal protection mechanisms such as 180 er i k a kr aemer -mb u la documentation and creating a database of ideas for product and process improvement to be made accessible to its members, with no immediate requirement for businesses to be registered. As an intermediary, this type of representative organization would serve as a bridge between informal manufacturers and the wider support and innovation system, connecting informal actors to opportunities emerging in formal organizations relating to technology transfer, training and the like. Such arrangements would likely mean increased access to technical and business management knowledge, leading to innovation, higher income and business growth. As business revenues increased, one would expect more micro-enterprises to be willing to register their businesses and products (as suggested by FIAS 2007), thereby also increasing the health, safety and quality standards of the products. A sectoral or geographically based association that included informal manufacturers could link up with existing South African networks such as the South African National Informal Economy Forum (SANIEF)18 and draw on their experience as well as other relevant examples provided by Bull et al. in Chapter 3 on Kenya and Essegbey et al. in Chapter 5 on Ghana. Strategy 2: Accessibility – Raising Awareness and Reducing Prices of Formal Knowledge Appropriation Instruments for Informal Enterprises The interviews indicate that lack of awareness and the costs involved in IP protection are two of the main obstacles preventing individual informal manufacturers from accessing knowledge appropriation mechanisms. This strategy would require government bodies and local IP agencies to engage in two simultaneous efforts. First, they would run awareness campaigns targeting informal settlements and metropolitan areas with a high concentration of informal activity. Campaigns would be run in collaboration with technology transfer organizations, incubators and higher education institutions, as these formal actors appear to have closer connections to informal manufacturers. They would reach out and 18 SANIEF is an informal initiative of municipal local economic development (LED) practitioners working in the informal economy, mainly street trading. The forum was initiated out of a number of best practice studies between municipalities. The overall objective of SANIEF was to establish, maintain and manage an informal trading network/ forum of metros and municipalities which would, among other outcomes, develop and operationalize a national policy framework on street trading that would facilitate and encourage micro-trading. i n f o r mal man uf act ur i n g i n sou th afric a 181 specifically target micro and informal manufacturers to make them aware of the possibilities offered by the country’s existing IP framework. Second, government and agencies should develop appropriation mechanisms suitable for informal enterprises, offering lower costs and easier access, possibly using cell phones for updates given the wide use of mobile telephony across informal networks. This strategy would potentially lead to broader use of formal mechanisms of knowledge appropriation by informal manufacturers. One might expect those informal enterprises that managed to access information and use formal knowledge appropriation mechanisms to gain economic advantages such as reputation effect, access to finance and other benefits, possibly leading to higher income and a higher propensity to formalize the business. The broader economic and social impacts of this strategy would need deeper analysis, as it might leave behind the most marginalized micro-entrepreneurs that remained unable to access information and use formal IP mechanisms. In other words, while this strategy would provide opportunities for some micro-enterprises, if it was not complemented by additional initiatives to reach out to the most marginalized actors it could trigger wider inequalities among informal micromanufacturers, affecting the social fabric in which these entrepreneurs live and survive on a daily basis. Strategy 3: Wider Use of Informal Mechanisms of Knowledge Appropriation A third strategy would be to make informal mechanisms of knowledge appropriation the norm and encourage wider use of them by informal enterprises. The results of the study indicate that most respondents currently use appropriation mechanisms that are informal in nature, with effective sharing of information, division of duties, sales or service efforts, customer loyalty and after-sales efforts being the most important mechanisms. This strategy would imply that informal mechanisms of knowledge appropriation should be strengthened and more widely used. Some potential positive results would be that employment relationships within informal enterprises would be carefully cultivated in order to prevent knowledge leakages, while innovation would often manifest in new modes of customer support and product differentiation (for instance through packaging). As employment conditions and on-the-job learning opportunities improved, this strategy could lead to larger informal employment, broader diversification of home and personal care products and improved social networks in informal settlements where informal 182 er i k a kr aemer -m b u la activities predominate. However, the overall potential impact of this strategy would require careful analysis as it could restrict the scope for business and market growth. Implications for Policy This section reviews the policy framework that affects the informal economy in South Africa in general and the manufacturing of home and personal care products in particular. It is worth noting that the broad policy vision in South Africa recognizes the importance of informal economic activity. However, implementation of that broad vision in manageable programs remains limited and subject to debate. For instance, the Gauteng Employment Growth and Development Strategy (GEGDS) for 2009–2014 makes explicit mention of the importance of innovation in the informal economy, understanding innovation as including “science and technology innovation, socio-economic innovation, environmental innovation and even the innovating spirit of the everyday entrepreneur in both formal and informal sectors of the economy” (GEGDS). However, there has been little progress in translating this vision into dedicated and funded programs to enhance innovations generated in informal settings by informal actors. Moreover, the interventions specified in the Gauteng Innovation Strategy (2012) do not include programs explicitly targeting innovations generated in communities and/or by informal entrepreneurs. The present study shows that it is important to address the specific needs of innovators in the informal economy as South Africa seeks to promote “a developmental and equitable society.” In order to achieve this goal, national and regional policies must be shaped, coordinated and implemented to enhance innovation and its benefits in the informal economy. In their strategic policy vision, the main metropolitan areas of South Africa have embraced informal trading as part of their growth and development strategies, considering it to be a positive development in the micro-business sector, a key contributor to job creation and poverty alleviation, and a potential way of expanding the economic base. In this line, the City of Johannesburg adopted an Informal Trading Policy in 2012 with a vision “to create a well-managed informal trading sector, which addresses the needs of its citizens and stakeholders who are affected by informal trading in one way or another. It further wants to ensure informal trading is effectively integrated into the economic, spatial and social development goals of the city.” This policy is enforced i n f o r m al man uf act ur i ng i n sou th afric a 183 by the City Informal Trading bylaws which recognize “the need to adopt a developmental approach to enable access to job and entrepreneurial opportunities within the Informal Trading sector, to harmonize the relationship between the Informal Trading sector and the formal trading sector and to facilitate the migration of Informal Trading into the formal trading sector.” But despite this explicit consideration of the informal economy in development plans, implementation of this vision remains largely contested19 and varies across regions within South Africa.20 The DTI has made significant efforts to approach the informal economy through its Small Enterprise Development Agency (SEDA). Moreover, SEDA was instrumental in facilitating the development of the Informal/ Street Trading Policy Framework for metropolitan and local municipalities in 2008. SEDA has a division focused on technology business incubation, quality and standards, and technology transfer services and support to small enterprises (called the SEDA Technology Program, STP). As a program of the DTI, SEDA STP is responsible for the provision of both financial and non-financial technology transfer, business incubation and quality support services for small enterprise. It provides a range of services to assist small enterprises, particularly informal enterprises, to access and acquire technology, targeting registered or unregistered small enterprises that are marginalized through limited access to funds, markets, business skills, technical know-how or appropriate technology. SEDA STP has a technology transfer unit with two main objectives: • to provide technology transfer services to small enterprises and • to provide specific technology support to women-owned enterprises. Recent programs suggest a growing awareness of the social and economic risks of sustained endemic unemployment in South Africa, and several efforts seem to be geared toward promoting employment opportunities by supporting micro and small businesses. In this regard, a government initiative called the Jobs Fund was set up in 2011 to assist start-ups and small businesses with a special focus on creating job opportunities for 19 20 Over 1,200 informal traders were forcibly removed from their trading sites as part of the “Mayoral Clean Sweep Initiative” undertaken by the City of Johannesburg during October 2013. In response, informal traders took the City of Johannesburg to the Constitutional Court. For instance, Durban appears to have been more progressive in its approach to the informal sector than other metropolitan areas in the country (UN-Habitat 2006). 184 er i k a kr aemer -mb u la young people. The Fund is managed by the Development Bank of Southern Africa (DBSA) and has been allocated a budget of ZAR 9 billion for a three-year period. Among other projects, the Jobs Fund has supported creative models of business incubation that search and upscale ideas from innovative entrepreneurs in the informal economy and under-resourced South African communities, for example, the Awethu Project. In addition, an agency was formed in 2012 to address the financial needs of micro, small and medium enterprises: the Small Enterprise Finance Agency (SEFA). Unlike other initiatives that only fund SMEs through banks and other intermediary institutions, SEFA aims to provide cash directly to entrepreneurs wishing to start small businesses or expand existing ones. The government has also created development agencies at provincial level to assist in the development of small businesses, and part of SEFA’s role is to establish a link between all small business initiatives. The Youth Enterprise Development Strategy 2013–2023, launched in 2013, targets young and self-taught informal entrepreneurs, aiming to promote youth self-employment and youthowned and managed enterprises. While it is positive that these initiatives have emerged, the needs of small businesses in townships need to be better understood. Effort is also required to raise awareness about the existence of these initiatives. The South African Local Government Association argues that government needs to recognize and direct policy development to multiple subsectors existing within the informal economy. However, translating policy into action remains difficult as small businesses in townships are often unaware of opportunities even when government does provide them. Under the current policy framework, formalization through business registration is usually required in order to access government support in the form of funding, training and access to technology. The new South African Department of Small Business Development, which was established in 2014, aims to develop a robust and comprehensive approach to advancing the development of SMMEs and cooperatives for job creation, an approach that targets vulnerable groups and includes informal enterprises. Conclusions Informal economic activities continue to provide income opportunities to large segments of the population in South Africa, particularly unemployed youth. While a lot of informal economic activities remain i n f o r m al man uf act ur i ng i n sou th afric a 185 survivalist and unskilled, the evidence presented in this chapter indicates that some sub-sectors do involve substantial skills, entrepreneurship and creativity that translate into innovation. This study focused on the practices of informal manufacturers in the home and personal care sector in South Africa. The evidence suggests that informal economic activity in this sub-sector is not only considerable but appears to be growing as knowledge becomes increasingly available and accessible, and opportunities for employment in the formal economy remain limited. The results indicate that informal manufacturers in this sub-sector are usually micro-enterprises run by young entrepreneurs who satisfy specific demands from low-income consumers seeking lower-cost products and small unit sizes. These manufacturers engage in production activities, acquiring knowledge (both technological and nontechnological) from a range of sources – informally from the community, from other micro-manufacturers, from suppliers and from formal organizations. The knowledge acquired often translates into innovations – and we found a considerable number of innovations manifest in significantly improved formulations, packaging and manufacturing processes. These processes of knowledge dissemination and innovation raise interesting questions relating to knowledge appropriation and IP policy. Knowledge passed from one individual to another can allow the recipient to start a new business and generate an income, often providing a chance to survive and sometimes prosper in an environment where income opportunities are scarce. Passing knowledge to others in the community also allows informal actors to return something to a community that supports them during hard times (social safety net). Knowledge passed through formal training (by technology transfer organizations, education and training organizations, business incubators and the like) gives informal entrepreneurs a valuable opportunity to upgrade their products, innovate, access new markets and refine their business strategy. Networking initiatives offer them the opportunity to engage with other entrepreneurs, often leading to fruitful connections and collaborations. However, informal manufacturers are also aware of the potential negative consequences that could emerge if their innovative ideas were copied without their consent. In this regard, increased competition in their immediate geographical area could have devastating effects in their business. It is important to note that while these actors often operate outside formal regulatory frameworks, policies and government programs 186 er i ka kr aemer -m b u la have an important influence on their activities, as the regulatory framework shapes the broader reality within which informal entrepreneurs operate. Most of the more successful interviewees had received some type of support and had interacted with the wider innovation system. In this respect, technology transfer organizations, business incubators, training organizations and other intermediaries can play a critical role in materializing the aspirations of informal entrepreneurs into larger markets, new products and more efficient processes. Meanwhile, those informal entrepreneurs that remained isolated from the wider innovation system somehow seem to get stuck in survivalist economic activities despite their aspirations for better and improved products. It is also important to understand “informal institutions,” which strongly influence the behavior and decisions of informal entrepreneurs. The results of the study indicate that informal mechanisms of knowledge appropriation predominate among informal manufacturers, who manage the processes of dissemination and appropriation of knowledge largely guided by community rules of engagement. Innovation policies and IP strategies must provide an enabling environment for informal entrepreneurs through explicit programs and initiatives that target their needs. These needs are better identified, managed and addressed at the level of local government. Some initiatives have recently emerged, but they remain scattered and shaped at the national level, while the connection with the intellectual property framework remains weak. Examples in other countries have shown that the identification of needs can be facilitated by creating local platforms where the interests of informal actors are represented, for example, through associations and representative organizations, inclusive of informal actors, able to communicate with local governments. The informal economy is fueled by young entrepreneurship, and in many cases is used as a test bed or platform for experimentation and learning. A scenario where informal entrepreneurship is not acknowledged, supported and upgraded would result in yawning inequalities, decreasing levels of entrepreneurship and innovation, growing youth unemployment, increase in crime and ultimately underutilization of creative potential to construct an inclusive and sustainable future. In other words, the risks of not adopting an inclusive and systemic approach to innovation and IP policies are too high. 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Geneva, WEF. comment 4.1 n onhlanhla mkhize 189 COMMENT 4.1 nonhlanhla mkhize Department of Science and Technology, South Africa The pre-1994 era in South Africa was characterized by unequal distribution of assets; little or no access to socio-economic infrastructure and services, public amenities and government services; unequal socioeconomic participation opportunities afforded to citizens; segregated planning approaches; and scattered residential and farming settlements without viable economic and social linkages to the more economically active areas of the country (National Planning Commission 2012). The 1994 transition from the apartheid era to a democratic state not only introduced significant changes in the political landscape but also led to a new constitutional order seeking to ensure equal rights for all South Africans (Department of Justice and Constitutional Development 1996). Since 1994, the South African government has developed and implemented policy frameworks, systems, programs and projects to give effect to the values and principles enshrined in the Constitution (van der Waldt 2007). The transition from the unequal apartheid era to a democratic state involved the review of a seemingly sophisticated system of science and technology embedded within an extremely poor national innovation system (Mhula, Jacobs and Hart 2013). The White Paper on Science and Technology introduced in 1996 was founded upon a vision of all South Africans enjoying an improved and sustained quality of life, integration into the economy by means of satisfactory employment and participation in democratic political culture. It is now commonly recognized that investments in Science, Technology and Innovation (STI) have driven economic growth and prosperity in many developing countries (OECD 2013) which have graduated to a middle-income status by improving their competitiveness, growth and wealth. South Africa is one of these countries, but still faces severe challenges of poverty, inequality and unemployment, with a considerable percentage of its population still excluded from enjoying the benefits and advances of the twenty-year-old democratic state (Mhula, Jacobs and Hart 2013). Targeting innovation in the informal domain of the economy is a strategic means of fully attaining the goals of the policies guiding STI in South Africa (such as the 1996 White Paper and the 2002 National 190 er ika kra eme r -mb ula Research and Development Strategy) as well as applying STI to achieve inclusive national development as elaborated in the National Development Plan and its vision for 2030. A review of South Africa’s National System of Innovation (NSI) in 2007 (OECD 2007) concluded that it had failed to contribute adequately to poverty reduction or the wider economic inclusion of the majority of South Africans. The same review also indicated that there was poor understanding (particularly on the demand side) of the notion of innovation in all its dimensions, technical, economic and social. It emphasized that innovation that supports inclusive development should be more pronounced and visible, particularly in light of South Africa’s history and national growth and development aspirations (OECD 2007). Similar findings resonate in the report of the Ministerial Review Committee on the STI Landscape from 2010, which assesses the performance of the NSI, resource efficiency and readiness for future challenges in a global context. This report highlights (i) poor understanding of the role of social innovation and (ii) a bias of state investment in innovation toward “big science” and an inadequate focus on meeting social priorities (Department of Science and Technology 2010). These two findings are clearly relevant to how the NSI engages with and supports innovations emerging in the informal domain of the national economy. KraemerMbula’s study in this chapter presents valuable evidence to inform policy strategies in this area. It sheds light on how innovation may be understood in the context of informality, exploring the awareness and appropriateness of important policy instruments by players in the informal domain of the economy. That domain in South Africa remains significant in terms of its size and estimated contribution to addressing the unemployment challenge. This study confirms the existence of innovations originated by actors in the informal domain of the economy, which enable the poor, in particular, to access goods and services. More importantly, it emphasizes the role that informal domain actors play in enhancing and modifying existing knowledge to create and sustain economic participation. Such activities are critical for South Africa to achieve an inclusive knowledge economy. Improving the accessibility and affordability of goods and services provides informal domain actors with customer bases that might not be easily accessible otherwise. The study also highlights the diversity of innovations generated in the informal domain of the economy, which includes new products and services, business processes and even designing cost-effective c o mmen t 4. 1 n o n h l an h l a mkhize 191 machinery – allowing some respondents to enhance their businesses to the point where they become bulk suppliers. Such findings highlight the need for formal NSI institutions to be able to respond to the innovation requirements of the informal economy in a timely and appropriate manner so as to create sustainable income-generating opportunities. An example is the compliance of products with relevant standards and guidelines such as those of the Cosmetic, Toiletry and Fragrance Association of South Africa and the South African Bureau of Standards as well as the protection of intellectual property of informal innovators. In the latter regard, the study raises important questions about the appropriateness of existing instruments to support innovations by informal domain actors as well as the awareness they have of existing instruments. It questions whether South Africa has appropriate financial and non-financial incentives and disincentives for the informal domain of the economy and highlights that innovators in the informal domain of the economy can actually contribute to the design of appropriate innovation support instruments. This study also provides evidence about existing linkages between the formal and informal domains of the economy in the home and personal care manufacturing sector. Such linkages are not limited to distribution, but are multidimensional. Their existence shows that there is one national economy with two domains: formal and informal. Informal domain actors innovate in producing and diversifying some products, and the level of innovation is affected by their access to a broader knowledge base as well as technology and equipment. The question then arises: if appropriate technology and equipment were to be made available, how would they contribute to the informal production of goods in such a way that it was compliant with relevant standards and guidelines as well as contributing to business growth and sustainability? The linkages between formal and informal domains also highlight the need for a responsive public research, development and innovation (RDI) system that recognizes the current “chasm” between RDI and the innovation needs of the informal domain. The study shows that some activities in the informal domain of the economy align well with the national growth and development strategy, including the Industrial Policy Action Plan the Ten-Year Innovation Plan as well as the more recent Agricultural Policy Action Plan (APAP). Similarly, they fit the emphasis in the 1996 White Paper on Science and Technology on “support[ing] all types of innovations fundamental to sustainable economic growth, employment creation, equity 192 er i k a kr aemer -mb u la through redress and social development” (Department of Arts, Culture, Science and Technology 1996). Policy makers therefore need to better appreciate grassroots innovation in South Africa, to develop appropriate response mechanisms to support grassroots innovations so as to create sustainable income generation opportunities for such innovators. Support might also include developing a database of grassroots innovations and providing entrepreneurs with technical expertise to improve and sell their innovative solutions. Regarding implications for education and training, the study shows that innovation does not necessarily require high-end skills. However, it also suggests that insufficient education and knowledge continues to limit the ability of informal actors to thrive. This finding may indicate a need to innovate in skills development and rethink the role of higher education in building and enhancing innovation capacity and capability in the informal domain. Is the informal domain providing alternative means to expand capacities and capabilities? And if so, how should the NSI ensure that the policy and institutional environment best support such innovation? An enabling environment is critical if South Africa is to advance inclusively and better harness her innovative edge and contribute to the global STI agenda focused on inclusive solutions by and for the informal domain of the economy. Important questions are raised in this study as to how best to provide appropriate training, transfer technology and provide market access and market intelligence to actors in the informal domain. In sum, this study makes a valuable contribution to evidence-based and informed decision and policy making by providing evidence of different types of innovations generated in the informal domain of the economy. It shows that innovation is not exclusive to formal economic activity, so the informal domain should not be perceived only as a beneficiary and recipient of innovations. In so doing, the study encourages policy makers to enhance the innovation environment to better enable innovation from and in the informal domain. It is a meaningful contribution to the development of the South Africa’s national strategic framework on Innovation for Inclusive Development and its associated implementation roadmap, driven by the Department of Science and Technology (DST). That strategic framework is partly based on the recommendations of the 2010 Ministerial Review of the NSI landscape as well as a commitment to attain the goals stated in the 1996 White Paper on Science and Technology. c o m m en t 4 . 1 n o nh l a n h l a mk hi z e 193 References Department of Arts, Culture, Science and Technology 1996. White Paper on Science and Technology. Pretoria, Department of Arts, Culture, Science and Technology. Department of Justice and Constitutional Development 1996. The Constitution of the Republic of South Africa, Act 108 of 1996. Pretoria, Department of Justice and Constitutional Development. Department of Science and Technology 2010. Ministerial Review of the National Science Technology and Innovation Landscape. Pretoria, Department of Science and Technology. Mhula, A., Jacobs, P. and Hart, T. 2013. Innovation Methods – Indicator Development (Rural Innovation Assessment Tool Concept Paper Series, RIAT Concept Paper #6). Pretoria, Human Sciences Research Council. National Planning Commission 2012. National Development Plan. Pretoria, Presidency of the Republic of South Africa. Organisation for Economic Cooperation and Development (OECD) 2007. Review of South Africa’s Innovation Policy. Paris, OECD Publishing. Organisation for Economic Cooperation and Development (OECD) 2013. Innovation and Inclusive Development: Conference Discussion Report. Paris, OECD Publishing. van der Waldt, G. 2007. “Project management: a new service delivery paradigm,” Koers – Bulletin for Christian Scholarship 72(2): 239–60. 5 Herbal Medicine in the Informal Sector of Ghana george owusu essegbey and stephen awuni Introduction Good health is essential for wealth creation in every nation, and traditional herbal medicine is an important health care delivery system in Ghana, as in most African countries. For people living in marginalized areas of the country, accessing health care is a challenge in terms of both cost and geographical distance. The estimated ratio of traditional medicine practitioners (TMPs) to other members of the population is 1:400 in Ghana, compared to a ratio of 1:12,000 for orthodox doctors (STEPRI 2007). Traditional medicine (TM) is therefore an important component of the country’s overall health care delivery system. It is, however, not only a vehicle for improving the health conditions of people but also a means of enhancing wealth creation in society. This chapter examines the capacity of TM to meet the integrated goals of providing good health care and the opportunity for sustainable livelihood and wealth creation.1 The practice of TM is essentially part of the informal economy. The advantages and constraints facing economic actors in the informal economy are complex and various. On the one hand, there is flexibility in business operations and the opportunity to start up on the smallest of scales. On the other hand, there are also problems in terms of limited scope for market access and constraints in upscaling. A fundamental challenge in TM is how to shape policies and programs to seize the opportunities generated through informality and ensure the advancement of TM through innovation with an appropriate and facilitative intellectual property system. This chapter situates herbal medicine in the context of the informal economy of Ghana and discusses the role it plays in innovation and economic development. Over the years, Ghana has elaborated a number of policies and programs for the development of TM. From 1 The chapter builds on Essegbey et al. (2014). 194 h e r b a l m e di ci n e i n t h e i n f o r mal sec tor of ghana 195 the side of government and TMPs there have been initiatives that have triggered new dynamics in TM. Innovation has been fundamental to change. The chapter appraises innovation in traditional herbal medicine and its drivers, the critical actors and the innovation system, knowledge appropriation mechanisms and related issues such as obstacles to innovation and scalability. In light of this appraisal, we then discuss several policy recommendations to enhance innovation in traditional herbal medicine. This chapter is based on primary data collected in Ghana, with a main focus on TMPs. Interviews and focus group discussions were used to collect data from a sample of 107 TMPs regarding their practice, innovations, challenges, policy impacts and intellectual property rights protection. A semi-structured questionnaire of closed and open-ended questions was used in conducting the survey. The study also developed a map of the innovation system around TMPs including key institutions in Ghana’s health sector such as the Ministry of Health (MOH), the Traditional and Alternative Medicine Directorate (TAMD) and the Traditional Medicine Practice Council which are responsible for policy formulation, planning and oversight of TM practice. Knowledge institutions such as the Centre for Scientific Research into Plant Medicine (CSRPM) and Kwame Nkrumah University of Science and Technology (KNUST) were also mapped along with regulatory and other institutions such as the Food and Drugs Authority (FDA) and the Registrar General’s Department (RGD). The mapping exercise involved analysis of the roles these institutions played in the development of TM. An interview guide was used to conduct key informant interviews in these institutions. Ghana’s Health Sector and the Significance of Traditional Medicine in Ghana The health sector is central in Ghana’s development framework – the Ghana Shared Growth and Development Agenda (GSGDA 2010–2013).2 For a country aiming to sustain its middle-income status, the health of its population is critical as it underpins its capacity for wealth creation. The health status of the country’s population has generally improved over the years, as illustrated by some of the key health statistics in Table 5.1. 2 A revised development framework was finalized after completion of this study – the Ghana Shared Growth and Development Agenda II (2014–2017). 196 g e o r g e o wu s u es s e g b e y an d s t e p he n aw u n i Table 5.1 Ghana health status indicators, 1988–2008 Indicator 1988 1993 1998 2003 2008 Infant mortality rate (per 1,000 live births) Under-5 mortality rate (per 1,000 live births) Neonatal mortality rate (per 1,000 live births) Post-neonatal mortality rate (per 1,000 live births) Child mortality Crude birth rate (per 1,000) Crude death rate (per 1,000) Life expectancy at birth (in years) Total fertility rate 77 66 57 64 50 155 119 108 111 80 44 41 30 43 30 33 26 27 21 21 84 47 17 54 6.4 57 44 12.5 55.7 5.5 54 39 10 57 4.6 50 33 10 58 4.4 31 30.8 9.4 NA 4.0 Source: Ghana Health Service 2009. The under-5 mortality rate fell by half between 1998 and 2008 and child mortality also improved substantially from eighty-four in 1988 to thirty-one in 2008. Currently, the World Health Organization (WHO) estimates life expectancy in Ghana at roughly sixty-four years.3 Although improvements in life expectancy have been more modest than in other health-related areas, Ghana has a relatively good health profile when compared with other African countries with the exception of the incidence of malaria, as shown in Table 5.2. It may be argued that improvements in health are a result of the high priority accorded to the health sector in Ghana. However, there is clear room for further improvement – not only improving national health statistics but also, and fundamentally, addressing the burden of equitable healthcare delivery across geographical locations and demographic strata (Apoya 2012). Ghana’s Health Policy aims to address the key constraints in the health sector, namely large gaps in access to health care between urban and rural areas as well as the rich and poor; gaps in access to healthcare due to poverty, deprivation and ignorance; relatively high morbidity and mor- 3 See www.who.int/countries/gha/en. h e r b a l m e di ci n e i n t h e i n f o r mal sec tor of ghana 197 Table 5.2 Comparative health statistics for Ghana and other selected African countries Indicator Life expectancy (years) Under-5 mortality rate (per 1,000 live births) Maternal mortality (per 100,000 live births) Prevalence of HIV/AIDS (per 100,000 population) Incidence of malaria (per 100,000 population) Ghana Nigeria Kenya South Africa Regional Indicator 64 78 53 124 60 73 58 47 56 107 350 630 360 300 480 907 2,095 3,880 11,087 2,725 26,763 31,913 8,526 35 20,913 Source: WHO (2013). tality from communicable diseases such as HIV and tuberculosis; increasing prevalence of non-communicable diseases with high disability and mortality; threats of epidemic-prone diseases and diseases of pandemic potential such as influenza; and a low level of overall health expenditure and inadequate social protection. Addressing the challenges in the health sector demands innovative approaches, especially to facilitate more equitable access to healthcare. The formulation and implementation of Ghana’s TM policy is meant to serve as one of the innovative approaches for more equitable health care delivery. TM was historically perceived to be a type of health care practice that could not be classified in the same category as modern medicine (Patwardhan 2005). However, it is now evident that TM has a definite relationship with orthodox medicine. According to the WHO, TM is “the sum total of the knowledge, skills and practices based on the theories, beliefs and experiences indigenous to different cultures, whether explicable or not, used in the maintenance of health as well as in the prevention, diagnosis, improvement or treatment of physical and social imbalance, and relying exclusively on practical experience and observation handed down from generation to generation, whether verbally or in writing” (WHO 2000, p. 1). It is worth noting the mention of “physical and social imbalance” in the definition as it resonates with the general worldview of the TMP and his or her patient. In the particular context of Ghana, and for that matter Africa as a whole, health care goes beyond the physical, 198 george owus u e ssegbey and stephen a wuni reaching to the social and psychological dimensions. In this regard, health care delivery must be understood to have effect within a specific socio-cultural setting. However, in this study, we will not cover the nonphysical effects of medicine and its relationship to “social imbalances.” The traditional medicinal preparations discussed in this study are in the genre of allopathic medicine, in terms not only of production and packaging but also of dispensing. Still, it is important to bear in mind the holistic concept within which TM is practiced in Ghanaian and African society. More recently, WHO has defined TM and healers as “the sum total of the knowledge, skills, and practices based on the theories, beliefs, and experiences indigenous to different cultures, whether explicable or not, used in the maintenance of health as well as in the prevention, diagnosis, improvement or treatment of physical and mental illness” (WHO 2013, p. 15). This definition makes more explicit the psychological attributes of healthcare, which are also crucial in TM. This is important as it is a basic feature of the underlying philosophy of the typical TMP (Payyappallimana 2009) and is very relevant in Ghana’s TM. In Africa, the percentage of the population that uses TM ranges from 90 percent in Burundi and Ethiopia to 80 percent in Burkina Faso, the Democratic Republic of Congo and South Africa, 70 percent in Benin, Cote d’Ivoire, Ghana, Mali, Rwanda and Sudan, and 60 percent in Tanzania and Uganda (WHO 2000). According to Mander et al. (2007, p. 190), among South Africa’s black population TM is apparently desirable and necessary for treating a range of health problems that Western medicine cannot adequately treat. In accord with its socio-cultural and psychological effects, traditional medical practice comes in forms that can be confounding at times. For example, in Nigeria, arthropods are reportedly used to cure thunderbolt (“magun”), child delivery (“igbebi”), bedwetting (“atole”), yellow fever (“ibaapanju”) and a host of many other ailments that cannot be treated using Western medicines and therapy (Lawal and Banjo 2007). The link between arthropods and healthcare may be far-fetched when assessed from the perspective of modern orthodox medicine, but when set within the belief system of a community and supported by the TMP’s aura of authority, healthcare may be successfully delivered culturally or psychologically. This case study focuses on that component of TM that is based primarily on the use of herbs and herbal products. Herbal medicine forms part of TM. It includes herbs, herbal materials, herbal preparations and finished herbal products that contain as active ingredients parts of h e r b a l m edi ci n e i n t h e i n f o r mal sec tor of g hana 199 plants, or other plant materials, singly or in combination. Internationally, studies have shown that even in advanced countries where orthodox health systems prevail, an increasing number of people are using herbal medicine to meet their health care requirements. For instance, a survey conducted in the member states of the European Union in 1991 revealed that 1,400 herbal drugs were used by patients in the European Economic Community (WHO 1996). One-third of American adults have also used alternative treatment and there is fast-growing interest in TM systems in the developed world (WHO 1996). In China, traditional herbal preparations account for 30–50 percent of total medicine consumption while in Ghana, Mali, Nigeria and Zambia, it is the first line of treatment for 60 percent of children with high fever resulting from malaria (WHO 2003). In the specific case of Ghana, the general acceptance of TM has been consolidated in national policies and legislative regimes. The Traditional Medicine Practice Act 595 of Ghana of 2000 has clearly established the bases and parameters of TM. It defines TM as “a practice based on beliefs and ideas recognized by the community to provide health care by using herbs and other naturally occurring substances” (Act 595, 2000: Section 42). This is consonant with the definition of the WHO. Broadly understood, the practice is based not only on herbs but also on other substances including animal parts and earth substances. It allows for a wide interpretation. Both the Act 595 and WHO definitions take account of the socio-cultural aspects of the practice, including traditional knowledge that is entrusted either communally or individually. While acknowledging the importance of cultural and social aspects, this chapter focuses on the production of herbal medicines, in other words, herbal medical preparations. The Role of the Informal Sector in Economic Development The informal economy or sector is particularly important for TM practice. As a socio-cultural and economic practice, it is situated in the informal economy but extends to the formal economy. More importantly, the graduation of the practice from the purely informal to the formal is a good illustration of how the context affects the form and content of practice. Traditional herbal medicine has an inherent informality which even ongoing efforts to modernize the sector are not able to completely erase. Therefore, as stated in Chapter 2 of this volume, the informal sector must be conceptualized as part of a formal–informal 200 g e o rg e o wus u e s s egbey a n d stephen awu ni Table 5.3 Level of formality of traditional herbal practitioners: registration, contracting of bank loans and contribution to social security Contracted bank loan Contributes to social security Is your enterprise registered? Yes No Yes No Total Yes No Total 17 1 18 55 34 89 33 0 33 39 35 74 72 35 107 Source: Field data 2013. continuum, with different activities and actors located at different points of the continuum. Small firms in the formal sector may share many commonalities with informal enterprises with regard to innovation and appropriating IP (de Beer, Kun and Wunsch-Vincent 2013). Our case study illustrates the importance of this continuum and the need to allow for “formal” production units that exhibit many informal characteristics while maintaining the emphasis on the informal sector and the extent of innovation within it. From this perspective alone, there are interesting issues for analysis, including the complexity of informal–formal activities, the effect on innovation trends, the drivers and inhibitors, and the policy implications. The formation of cooperatives or associations of TMPs is a characteristic of the informal–formal continuum. In the past, going as far back as the 1960s, TMPs made efforts to form associations to serve the welfare of their members and advance TM practice. Efforts to form associations progressed to the point where the Ghana Federation of Traditional Medicine Practitioners Associations (GHAFTRAM) was founded in 1999.4 Belonging to an association is perhaps the first step in formalizing practice. A further step is registration with the Traditional Medicine Practice Council (TMPC) of the MOH, which can be seen as the highest point of formalization. A significant percentage of the 107 TMPs we surveyed have registered with the Council, as shown in Table 5.3. 4 See http://ghaftram.com. The history of the Federation can be traced to the involvement of the first president of Ghana, Dr. Kwame Nkrumah, in 1961. It moved through various phases to the present where the Federation brings together eight different associations of members practicing traditional medicine. h e r b a l m edi ci n e i n t h e i n f o r mal sec tor of g hana 201 Table 5.4 Grouping of TMPs and number of employees Groups Group 1 Group 2 Group 3 Group 4 Group 5 Group 6 Total Number of employees Number of TMPs in group Percentage of sample (%) 1–5 6–10 11–15 16–20 21–30 >=30 73 14 4 6 3 7 107 68.2 13.1 3.7 5.6 2.8 6.5 100 Average number of employees in group 2 7 13 18 25 66 Source: Field data 2013. The level of formality among respondents is assessed according to three main criteria: (1) registration of the enterprise, (2) transactions with banks and specifically the contracting of loans and (3) contribution to social security. While 67 percent have registered their enterprises, about 83 percent have not contracted a loan from any bank and 69 percent pay no social security contributions for their employees. There is a fairly high level of business registration among the TMPs simply because it is a legal requirement for practicing. But going by the other criteria, formalization of respondents’ business is limited and practice is more informal than formal. The National Board for Small Scale Industries (NBSSI) classifies enterprises in Ghana as follows: micro-enterprises – between one and five employees; small – between six and twenty-nine; medium – between thirty and ninety-nine; large – one hundred and above.5 Table 5.4 shows this classification applied to our sample. A significantly high proportion, 68 percent, is made up of micro-enterprises. The micro-nature of the TM practice again emphasizes its informal characteristics and suggests the need for strategic policies to help sustain enterprises and stimulate innovation. 5 The Association of Ghana Industries (AGI) also has a similar categorization of enterprises except that there are additional categories: large medium enterprises (101–299), large enterprises (300–499) and very large enterprises (over 500 employees). 202 g e o rg e o wus u e s s egbey an d stephen awu ni Innovation in the Informal Economy – the Innovation System of Traditional Medicine Over the years, innovation has come to be understood from a systemic perspective, emphasizing the roles of critical actors whose connections and interactions contribute to putting new knowledge into socioeconomic and productive use and addressing contextual needs (Lundvall 1992; Mytelka 2000). This is very relevant to TM, where the identifiable stakeholders or critical actors contribute actively to a wide range of innovations in Ghana. TM thrives on traditional knowledge and the indigenous heritage of the health care value of plants and their derivatives. This source of knowledge for the practice makes the systemic approach to defining innovation crucial. That perspective also connects with the approach to innovation elsewhere. In the OECD countries, innovation is now well understood as the “implementation of a new or significantly improved product (good or service), or a [new] process, a new marketing method (e.g. a novel product design), or a new organizational method in business practices, workplace organization or external relations” (OECD/Eurostat 2005). Another recent definition, more relevant to the informal economy, states that “inclusive innovation is any innovation that leads to affordable access of quality goods and services creating livelihood opportunities for the excluded population, primarily at the base of the pyramid and on a long term sustainable basis with a significant outreach” (Mashelkar 2013). “Inclusive” is relevant to informal actors’ efforts to enhance production processes and their products, with due reference to affordability, opportunity and sustainability. For TM, the medicinal nature of innovation is as important as the market value. Understanding what innovation is enables a better appreciation of innovation products and processes. In Ghana, the national innovation system (NIS) of TM comprises critical actors such as traditional herbal medical practitioners, policy makers, researchers, regulators, entrepreneurs and consumers and the relevant institutions. Each category of critical actors performs roles and functions that contribute to innovation in TM. Figure 5.1 illustrates how the critical actors are connected in the NIS of TM. This illustration is intended to capture the activities of informal, semi-formal and formal TMPs. Activities of various actors in policy, regulatory and knowledge institutions, which are affected by sociocultural and economic conditions, enable the TMPs and associated actors h er b a l m e di ci n e i n t h e i n f o r mal s ec tor of ghana 203 EXTERNAL ENVIRONMENT–INTERNATIONAL CONVENTIONS, AGREEMENTS AND INSTITUTIONS GOVERNING TRADE, SOCIO-ECONOMIC AND POLITICAL RELATIONS IN THE HEALTH SECTOR External environment–international conventions, agreements and institutions governing trade, socio-economic and political relations in the health sector Ministry of Health GHS TAMD Education & research organizations (e.g. KNUST, CSRPM, UG) Regulatory bodies (e.g. FDA, GSA) Others (e.g. NBBSI, WAHO, RGD) TMPC TMP associations Informal TMPs Semiinformal TMPs Formal TMPs Chemical shops Consumers NGOs Internal (national) socio-cultural conditions and traditional knowledge Internal (national) social, political and economic environment Policy framework GLOBAL SCIENCE, TECHNOLOGY AND INNOVATION (STI) ADVANCEMENTS Figure 5.1 Ghana’s national innovation system and traditional medicine. Source: Essegbey et al. (2014). (such as TMP associations and consumers) to produce TM innovations. There are also external influences such as trade and economic arrangements and scientific and technological advancements which impact TM innovations. Table 5.5 makes the functions and activities of these identifiable actors more explicit. Our qualitative assessment of the impact on TM innovation in Table 5.5 is intended to highlight differences in the extent of each actor’s impact. Those with indispensable or very high impacts are those whose functions have direct impact on the activities of TMPs. For example, the MOH is the oversight establishment for health care service delivery in Ghana. In overseeing the sector, it formulates policies, plans and 204 g e o rge o wus u e s s egbey an d stephen awu ni Table 5.5 Functions of actors in the traditional medicine innovation system Actor Functions Traditional medicine practitioners (TMPs) Practice TM; produce and market TM products; innovate in process and products Serves as focal point for the association of TMPs; facilitates learning and innovation; undertakes policy advocacy Implements national TM policy Ghana Federation of Traditional Medicine Practitioners Associations (GHAFTRAM) Traditional and Alternative Medicine Directorate (TAMD) Traditional Medicine Practice Council Ministry of Health (MOH) Ministry of Trade and Industry (MOTI) Centre for Scientific Research into Plant Medicine (CSRPM) Kwame Nkrumah University of Science and Technology (KNUST) Food and Drugs Authority (FDA) Ghana Standards Authority (GSA) Registrar General’s Department (RGD or RGO) Ghana Health Service Traditional Medicine Clinics Registers TMPs; promotes standards of practice Oversees the health sector; formulates relevant policies and strategies Oversees the industry sector including micro- and smallscale entrepreneurs Conducts research in plant medicine; produces TM innovations; tests products Trains undergraduates in Herbal Medicine; provides short-term training to TMPs Tests and approves or bans TM products Tests and approves TM products as per standards Registers companies and IP Promotes TM health care in public hospitals for those interested Assessed level of impact on TM innovation Indispensable Very high High Very high Indispensable Limited Very high High Very high High Limited High h er b a l m e di ci n e i n t h e i n f o r mal s ec tor of ghana 205 Table 5.5 (cont.) Actor Functions Local industries Produce drugs and health care products; produce other relevant products, e.g. drinks Sell TM products Chemical Shops/ Pharmacies Assessed level of impact on TM innovation High High Source: Field data 2013; authors’ assessment. programs to direct the national effort in health care service delivery. This is a crucial mandate which, when exercised decisively, drives innovative outcomes. In the particular case of TM, the Ministry spearheaded the formulation and passage of the Traditional Medicine Practice Act 595 in the year 2000 and set up the TAMD to provide an institutional framework specifically for the development of TM. The following are some key policies and programs spearheaded by the MOH: • Strategic Plan Document for the Development of Traditional Medicine (2002–2004) • Policy on Traditional Medicine Development (2003) • Training Manual for Traditional Medicine Practitioners (2003 and 2005) • Strategic Plan Document for the Development of Traditional Medicine (2005–2009) • Code of Ethics and Standards of Practice Document (translated into three local languages, 2006) • Preparation of List of Recommended Herbal Medicines Essential for Primary Healthcare Services (2008) • Policy and Administrative Guidelines for Complementary Alternative Medicine (2008) • Guidelines for Intellectual Property Rights Protection Framework for Indigenous Knowledge Related to Health and Medicinal Plant Resources (2008). These and other policies and programs have created conditions for the growth of TM in Ghana and stimulated innovation in production and 206 g e o r ge o wus u e s s egbey an d stephen awu ni practice. The MOH’s policy initiatives have led to the establishment of TM clinics in public hospitals under the auspices of the Ghana Health Service. The Ministry has also included some herbal medicine in its Essential Drug List (EDL), an important move to use state procurement as a vehicle for expanding the market for local herbal drugs. The Ministry is therefore an indispensable actor in fostering innovation in TM. However, even as it spearheads these innovations, there are questions as to whether its overall goal is simply to transform TM into allopathic medicine. That kind of ambition does not appear to fit well with the fundamental concept of TM, which allows for great flexibility in exploring holistic treatment, including socio-cultural and psychological rehabilitation. The TMPs themselves form a critical core group playing a crucial role in advancing (or downgrading) the practice in Ghana. They have improved their practice in a number of ways, adopting innovations and creating increasing peer pressure to further enhance performance by forming associations. They have produced a number of innovations in products, packaging, production processes and health care delivery. It is fairly common to walk into an orthodox pharmacy in Ghana and find stocks of traditional herbal preparations on the shelves which the trained allopathic pharmacists may recommend for purchase. Such products are usually produced along the lines of allopathic medicine complete with labels on dosage and manufacturer’s contact details, and very much in conformity with drug regulations. Some TMPs have even established health care delivery facilities that operate in a similar fashion to those for allopathic medicine. While these are positive developments in traditional herbal medicine, there remain a large number of practitioners showing no innovation or willingness to improve their practice. At the extreme end of this spectrum, quacks still exist to the detriment of the genuine practice, prompting efforts to professionalize and further advance the practice of traditional herbal medicine. As a regulatory institution for approval of dispensed or marketed TM products, the FDA is highly relevant in the innovation system. Regulation is a driver for innovation. Although some TMPs may not comply, those entrepreneurs with the goal of upscaling will make every effort to comply. In that effort, innovation is a sine qua non. Some forge linkages with the knowledge institutions of research institutes and universities to enable innovation in products and practice not only to pass the mandatory regulatory tests but also to secure larger segments of the market. h e r b a l m ed i ci n e i n t h e i n f o rmal sec tor o f ghana 207 Regarding knowledge institutions, in particular research institutions and universities, researchers do play an important role in stimulating innovations in TM and strengthening the scientific base of the TM industry. The CSRPM was established in 1971 and has since developed into a strong knowledge institution for herbal medicine. Beyond scientific research efforts, institutions also help to develop human resources and orient the new generation of TMPs toward scientific methodologies. For example, KNUST has introduced a four-year first degree program in Herbal Medicine which aims to produce the scientific human resource needed to enhance TM in line with MOH policy guidelines. The university has already produced graduates, some posted to TM clinics in public hospitals. There are other critical actors whose roles may not be as prominent as that of the TMPs, the FDA or the Ministry, but without which the system would not be complete. They include enterprises in the marketing component of the value chain – pharmacies and chemical shops – which are important promoters or inhibitors of innovation. The RGD also plays a role and will be discussed later in this chapter. Figure 5.1 also illustrates linkages in the NIS leading to innovations in TM and influences from the external environment such as global market and economic conditions and technological advances. Locally, policy conditions and the legislative and regulatory framework create the climate for innovation. Drivers of Innovation in Traditional Medicine This case study shows how TM is being transformed in Ghana through diverse innovations. Ghanaian herbalists produce a variety of TM products, including pills, tablets, capsules, creams in tubes and mixtures bottled for longer shelf life – all product innovations. In addition, there are also process innovations –new ways of producing TM and of getting products to market. TMPs have adopted a variety of modern equipment to increase production and improve quality, especially those operating on a relatively enhanced scale. Indeed, the production of TMs in Ghana has experienced many technological innovations along the value chain, from processing to packaging. TMPs in manufacturing use tube-filling machines to package creams, machines for bottling liquid preparations complete with seals, semi-automated capsule-filling machines for capsules, and labeling machines. Some old modes of production such as drying herbs and pounding in simple wooden mortars or grinding on 208 g e o rg e o wus u e s s eg bey an d stephen awu ni stones have given way to modern machinery. To ensure a stable supply of utilities, TMPs have installed equipment such as water storage containers, electric pumps and generators. They also use modern dryers to treat herbs, and the traditional clay pots used for boiling have now been replaced by stainless steel boilers to meet FDA regulations. The finishing of the manufacturing process is important in assuring quality, so TMPs have adopted quality assurance measures and use quality packaging materials with adequate labeling indicating dosages, batch numbers, expiry dates and other relevant information. Jackets, bottles, tubes and other packaging materials increase the marketing value of products. The main drivers of innovation can be broadly categorized from two perspectives in value chain analysis: the push effect and the pull effect. Figure 5.2 summarizes the types of innovation observed in TM practice from a value chain perspective. In the identifiable components of the value chain, there are key innovations that have upgraded TMPs’ practice or operations. These are accessible and valued by even some micro- and small-scale practitioners. Focus group discussions with GHAFTRAM members suggest that a central processing facility with all the essential machines installed would contribute a great deal to enhance their practice. The push effect driving innovations comes from policy, regulation, competition, entrepreneurship and new knowledge. Policy initiatives over the years have made TM a viable option for public health care delivery. Through agencies such as TAMD, the TMPC and the Ghana Health Service, the MOH has formulated and implemented policies and programs that have enhanced the practice of TM and promoted innovations within the sector. Policy formulation and implementation have also moved in tandem with regulations, some of which are generic but affect TM. For example, the Food and Drugs Act 199, P.N.D.C.L. 3058, Act 1992, sub-section 18(I) states: “A person shall not manufacture, prepare, sell, supply, export or import a drug, cosmetic, device or chemical substance unless the article has been registered with the Board.” Even the advertisement of drugs is subject to regulation, as stated in sub-section 15. So this regulation has also pushed innovation in other related areas such as labeling, advertising and marketing. As shown in Figure 5.3, there has been a general increase in applications for FDA approvals since 2000, when TMPs began seriously complying with FDA regulations. There is usually a lag between the number of applications received in a year and the number of approvals given. Inputs water, harvested herbs Inputs herbs, chemicals, energy Preproduction phase Production phase Innovations * Water supply systems, e.g. tanks, water pumps, filters * Generators Innovations * Boilers * Grinders * Mixers * Dryers Inputs packaging materials The Pull Effect Market demand, Consumers/ patients Marketing/ dispensing phase Finishing phase Innovations * Encapsulators * Bottling machines * Sealing machines * Wrappers Innovations * Diagnostic equipment * Pharmacies/ * Chemical Shops * Radio/ TV adverts The Push Effect Policy, Regulation, Competition, Entrepreneurship, New Knowledge Figure 5.2 Innovations in the value chain. Source: Essegbey et al. (2014). 400 376 350 308 300 254 250 234 215 171 166 164 103 63 41 2000 105 75 72 2001 177 151 105 103 207 201 179 141 100 0 186 166 150 50 198 193 200 2002 2003 2004 2005 2006 2007 2008 2009 Number of applications received Number of approvals Figure 5.3 FDA herbal medicine applications and approvals, 2000–2012. Source: FDA authority, Ghana. 2010 2011 2012 h e r b a l m edi ci n e i n t h e i n f o rmal sec tor o f ghana 211 The lag was most pronounced in 2001, when a total of 171 applications were received and 71 were approved. Then, in 2011, 376 applications were received and 177 approved. A number of factors account for the delay in approval, including the need for thorough scientific analysis, inadequacy of information in applications and lack of prompt response to queries. Nevertheless, some TMPs complain about bureaucracy in processing applications. Generally, effective compliance does lead to an improvement in the quality of herbal medicinal products and enhance their acceptability and efficacy for consumers. Competition is another driver of innovation in TM practice. For one thing, competition is found within TMPs’ community of practice, through their observation of each other – what have others done to come out with more marketable products? – and deciding to either match innovative practice or further improve on it. Moreover, there is competition between TM, allopathic drugs and imported traditional medicinal products, especially from China, India and Korea. Some natural health products also come in from the United States and South Africa. Entrepreneurship drives innovation too. The conventional herbalist usually operates figuratively in a hut in the village and expects patients to visit with their ailments, but the modern herbalist proactively seeks customers. He or she will take risks to invest and innovate to secure a place in the market, using available channels of communication to reach out to clients – flyers, radio and even television. Acquisition of new knowledge is crucial in this process, whether that knowledge already exists within TM practice or comes from another context. The pull effect also drives innovation along the value chain. Consumers can choose from a wide range of medicinal products in the local market, and consumers are becoming more sophisticated as the country becomes urbanized. Over 50 percent of Ghana’s population now lives in urban areas, compared to around 30 percent in the 1960s (Ghana Statistical Service 2012).6 In this respect, the market determines whether an innovation is relevant and worth applying – exerting a pull effect. TMPs continue to innovate to create demand for TM products and services. Thus, they have sustained a stream of customers coming with all kinds of ailments, as enumerated in Table 5.6. 6 In Ghana, urban areas are localities with a population of more than 5,000 (Ghana Statistical Service 2012). 212 g e o r ge owus u e s s eg bey a nd stephen a wu ni Table 5.6 TMP specialities Disease Frequency % Heart disease/hypertension/high BP/stroke/blood circulatory Infertility in men/sexual weakness/erectile dysfunction Fever-related disease/malaria/headache/migraine Diabetes Typhoid/jaundice/hepatitis B Skin ulcers/chronic sores/surgical wounds/keloids Women’s infertility/fibroids/miscarriage/ANC/PNC Piles/hemorrhoids General bodily pains/joint/waist/arthritis/rheumatism ARI/asthma/coughing/chest pains STI/HIV/AIDS Stomach problems/constipation Hernia All other diseases 47 38 37 33 31 31 30 27 20 17 15 14 10 43 43.9 35.5 34.6 30.8 29.0 29.0 28.0 25.2 18.7 15.9 14.0 13.1 9.3 40.3 Source: Field data 2013. The diseases most commonly treated by TMPs in our study sample are heart diseases, hypertension and blood pressure (43.9 percent), followed by fever-related diseases, especially malaria (34.6 percent), infertility or sexual weakness in men (35.5 percent), diabetes (30.8 percent) and infertility in women and fibroids (28 percent), among others. The indication of health care for strokes and heart-related diseases deserves particular attention. These are expensive diseases to address in the allopathic system, so TMPs provide a valuable alternative for the poor or those on low incomes. Fertility challenges are important socio-cultural challenges. The diversity and type of specialities indicate their orientation toward solutions needed by ordinary people and underscore the importance of TM in Ghana’s health care delivery system. Indeed some government hospitals and clinics also provide outlets for the TMPs to market their products, and 16 percent of the sample said they have their products on the Essential Drugs List (EDL) of the MOH. Interviews with patients showed consistent appreciation of the potency of herbal medicine and a preference for herbal medicine over orthodox medicine, often based on their personal experiences. For example, one sixty-eight-year old man praised the herbal doctors for the good work they were doing: “[T]he medication has no side effect h e r b a l m edi ci n e i n t h e i n f o r mal sec tor of ghana 213 like the orthodox one I used to take. I used to have severe headaches when I take the orthodox anti-hypertensive. But thank God now it is a thing of the past since I switched over to herbal medicine.” Another male, forty-eight, said: “I tried orthodox but I was not responding to the treatment given to me. I therefore decided to try the herbal treatment. The result has been positive.” A thirty-nine-year-old hypertensive mother said: “[M]y doctor recommended herbal treatment to help give me relief. I was diagnosed hypertensive during my second pregnancy and it has been with me ever since. I was assured that it may be gone after delivery but it has been with me for over ten years. I am now taking herbal medicine and think I am responding to treatment. I constantly come to the herbal clinic as soon as my prescriptions get finished.” Consumers’ preference for herbal medicine, which are administered in various types of preparations as in Figure 5.4, often comes from personal experience. Some have tried treatments with orthodox medicine without success. Often, those who benefit from herbal treatment recommend it to others, thereby increasing demand. The study suggests that the policy of institutionalizing and promoting the use of traditional herbal medicine has benefited some segments of the Ghanaian population. Obstacles to Innovation and Scalability Despite the observed trend toward innovation, there are obvious obstacles that have to be addressed to facilitate the growth of TM and stimulate greater innovation. First, the relatively small-scale nature of operations does not allow for greater innovation, which requires investment and acquisition of new skills and expansion of markets. It is almost a chickenand-egg situation. Should practitioners scale operations up and then be able to invest and innovate, or should they invest and innovate and then upscale? The case study shows that the TM enterprises that innovate most are the relatively large ones that qualify as small or medium enterprises. Table 5.7 illustrates that whether their business is micro, small or medium, TMPs can get their drugs accepted on the EDL. Two of the six micro-TMPs in our sample have drugs on the list, as does one of the four small TMPs. But three of the four medium TMP enterprises have their drugs listed, suggesting that the bigger the enterprise, the more likely its drugs will achieve listing – the ultimate aim of almost all TMPs. The challenge of upscaling lies in keeping products affordable: as TMPs (a) Figure 5.4 Examples of liquid and dry herbal medical preparations on sale in Ghana. Source: Authors. (b) h e r b a l m edi ci n e i n t h e i n f o r mal sec tor of ghana 215 Table 5.7 Selected enterprises and drugs on EDL Enterprise No. of employees Scale of enterprise Drugs on Essential Drug List? Medi Moses Medical Centre Nana Boakye Herbal Clinic Crown Pharmacy Adam Nana Herbal Centre Semenhyia Herbal Clinic Kascala Herbal Centre Angel Herbal Centre Frelena Health Centre Nyame Ye Odo Enterprise NyameAma Health Clinic Osei Herbal Clinic Tawheed Naturopathic clinic Insaanyia Drug Centre Adutwumwaa Herbal Centre 20 8 4 5 2 61 16 63 6 3 24 43 24 35 Small Micro Micro Micro Micro Medium Small Medium Micro Micro Small Medium Small Medium Yes No Yes No No No No Yes Yes No No Yes No Yes Source: Field data 2013. upscale and add value to their products through innovation, their prices may rise above the reach of some customers, who mostly have low incomes. This is where it is necessary to begin formulating policies that facilitate scalability and yet ensure that affordability is addressed. The issues were highlighted in an interview with a doctor in one of the herbal medicine clinics.7 This is what he said about his experience in practice since 2010: I was the first to begin this herbal medicine clinic in this hospital. Attendance was very slow when we started. The daily attendance was between two and three. Even some days we don’t see any patient. Attendance improved over time, though not as fast as expected. So we conducted a small research among our clients. Their responses were that because National Health Insurance Scheme (NHIS) did not cover their drugs, they could not afford to come all the time, even though the medicine given them here was good. 7 The doctor in question (who shall remain anonymous) graduated from KNUST in 2007 and did national service in one of the private clinics from September 2007 to June 2008. Thereafter, he undertook an internship in the CSRPM at Mampong-Akwapim for about a year before going back to take the TMPC professional licensure exams. After that, he was posted to one of the pilot herbal medicine clinics. 216 george owus u e ssegbey and stephen a wuni So a major obstacle in promoting traditional herbal medicine is the exclusion of even approved TM drugs from the list of those paid for by the NHIS. In the process, allopathic treatments often become more affordable because the NHIS picks the bills for conventional treatments but not for herbal treatment in the trial herbal clinics. It seems that implementation of TM policy needs to go further than the establishment of trial clinics. Action must be taken, either by the TMPs themselves or relevant actors such as the MOH. In all this, there is need for a holistic or systemic approach to guide such action. Second, knowledge and technology support systems – training, research and development, manufacturing plants, herbarium and medicinal herb plantations – are needed to consolidate the advancement of TM. Training and knowledge transfer are important in the innovation and advancement of TM. Respondents in our study report having received brief training with emphasis on some scientific knowledge. They benefit from learning about basic science in herbalism, proper documentation, herbal medicine production and administration, quality assurance and good manufacturing practices. At training workshops, TMPs are introduced to new production or processing techniques such as to help preserve products and extend their shelf-life. These courses have triggered interactions between TMPs and local knowledge institutions, notably the CSRPM at Mampong-Akwapim, KNUST, the University of Ghana and the Noguchi Memorial Institute of Medical Research. In general, the infusion of knowledge into TM practice from diverse sources has stimulated innovation. Appropriation Mechanisms in Traditional Herbal Medicine The results of this study clearly show that producers of traditional herbal medicines revert to social norms to protect innovations or intellectual property. Chapters 3 and 4 in this volume (case studies from Kenya and South Africa) also find similar trends in knowledge appropriation. Ghana has established an elaborate institutional framework for intellectual property catering for both copyright and industrial property. There are specific public offices with assigned responsibilities for administration of the two main types of intellectual property. The Copyright Office administers copyright in line with the Copyright Act 2005 (Act 690) and the Copyright Regulations of 2010 (L.I. 1962). The Registrar General’s Department (RGD) is responsible for the administration of the industrial property with due regard to the Trade Marks Act 2004 (Act h e r b a l m e di ci n e i n t h e i n f o r mal sec tor of ghana 217 664), the Industrial Designs Act 2003 (Act 660), the Patents Act 2003 (Act 657) and Legislative Instrument 1616. The RGD receives applications for registration of various categories of industrial property, processes them, and grants registration where appropriate. In principle, intellectual property laws are designed to reward and benefit all actors involved in any kind of creativity, inventiveness or entrepreneurship, but in practice they appear to be much more relevant to enterprises and businesses in the formal sector than the informal sector. As of 2012, there were 118 registered local enterprises in the RGD’s database whose objects included TM. That number encompassed both local and foreign companies registered with the RGD, with almost all of them operating in the formal domain of the economy.8 The only type of intellectual property registered with RGD in relation to TM is trademarks. Under the international classification established by the Nice Agreement of 1957, trademarks cover forty-five classes of products. Class Five includes pharmaceuticals and herbal medicines. The total number of trademarks registered under Class Five is 3,396 for the period 1994–2012.9 This is a significant number for a developing country like Ghana, but again the number covers primarily operators in the formal sector and, more importantly, comprises mostly foreign applications. The total number of patent applications is 337 for the period 1996–2014, mainly comprising PCT and local applications,10 and excluding applications submitted directly to the Africa Regional Intellectual Property Organisation (ARIPO) in Harare, Zimbabwe. Those 337 applications cover all sectors of the economy in Ghana, and for all years up to 2014, indicating that the country’s innovative capacity is rather low. The picture is even worse when one learns how few applications were actually successful: during that entire period only thirteen were granted. In 2012 alone, a total of 2.35 million patent applications were filed all over the world, with 652,777 in China and 542,815 in the United States. India and Brazil had 43,955 and 30,435 patent applications, respectively (WIPO 2013, p. 11). To some extent, these statistics reflect the innovative 8 9 10 But note that the 118 enterprises in the database are those specifying traditional medicine as an object of their business. There could be more businesses within the database that are involved in TM without having declared it as an object. Owing to the structure of the database, it is impossible to confirm whether goods for which marks are registered under Class 5 of the Nice Classification include traditional medicine specifically. Source: data collected at the RGD. 218 george owusu e ssegbey a nd stephen a wuni Table 5.8 Number of registered trademarks in Ghana, 2000–2014 Year Number of trademarks registered 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 933 775 769 1,000 1,116 1,621 3,523 1,940 2,235 1,872 2,586 2,378 2,559 2,867 3,040 Source: Registrar General’s Department, April 2015. capacities of each country. Comparing the numbers of trademarks and patents applied for over the years, it appears that patenting is the least exploited option for appropriating IP in Ghana generally. This may be due to the more stringent requirements for patent – one has to prove novelty and inventive step, among other things. More importantly, the low patent filing points to the need to enhance innovative capacity in the country as a whole. Nevertheless, the increasing use of trademarks in Ghana implies a growing appreciation of the usefulness of IP for business. Registration of trademarks in Ghana increased from 775 in 2001 to 1,621 in 2005, as shown in Table 5.8. It increased again, to 2,586 in 2010 and then to 3,040 in 2014. While the number of trademarks registered specifically for TM products has not been computed, it is encouraging that registration of trademarks as a form of appropriation is becoming a norm. This is all the more noteworthy given that the total cost of acquiring a trademark is the equivalent of USD 250 – the application fee is USD 150 and the certification fee USD 100. The minimum daily h e r b a l m e di ci n e i n t h e i n f o r mal sec tor of ghana 219 wage11 in Ghana is seven cedi (GHS), meaning that the total cost equates to 136 working days for a minimum wage earner. The cost of appropriating intellectual property should generally be of concern and should be factored into policy initiatives to enhance the use of IP by entrepreneurs, especially in the informal sector. For patenting, according to the Patent Registration, 1996 legislation 1616, there is a wide range of different costs relating to among others, request for grant of patents, amendment of application or correction of filing, grant of patent and annual fee for maintaining a patent from the first to the nineteenth anniversary. The number of designated countries for patent application may substantially increase the cost of appropriation through patenting. In a country where income levels are less than USD 2 for a whole day’s work, strategies to enhance the use of these forms of IP need to address cost factors. Measures to improve the IP system for TM would include: • • • • • • public education; reduction of bureaucratic processes; enforcement of laws; training and workshops for TMPs and industry workers; government financial assistance; and improving the legal framework. The process of improvement begins with the nature of the appropriation mechanisms instituted for TMPs. Many types of appropriation or protection mechanism may be useful for herbal medicinal products in Ghana, and each has strengths and weaknesses. For example, industrial design protection may not be appropriate since it primarily applies to the aesthetic aspects of industrial products or handicrafts. Trademarks could be more suitable, but only distinguish the goods of one business from another. Patents have some attractive features, notably the limited period of protection, but TMPs are rarely able to meet the stringent requirements. Under the Ghana Patent Act of 2003 (Act 657), the product to be patented should be novel and not exist in the prior art. It should be industrially applicable and all information about it must be disclosed according to Ghana’s applicable law on patenting. 11 The minimum wage is determined by the National Tripartite Committee comprising representatives of government, labor and the Ghana Employers Association. The stated minimum daily wage of GHS 7.00 is effective as of January 2015. 220 g e o rg e o wus u e s s egbey an d stephen awu ni Indigenous or traditional knowledge plays a key role in TM. Over time, certain communities or herbalists have accumulated knowledge about the efficacy and potency of various herbs and natural substances. Some of this knowledge has been documented. International conventions such as the Convention on Biological Diversity (CBD), and specifically in respect to access and benefit sharing, protect the rights of local communities to their natural resources and the traditional knowledge that comes with them (Secretariat of the Convention on Biological Diversity 2011). The CBD also enshrines the rights of communities to shares in the gains from the exploitation of these resources. Ghana has signed the Swakopmund Protocol, which enforces the rights of the individuals to gains from the exploitation of their traditional knowledge. The country thus recognizes the importance of a sui generis system for granting rights to owners of traditional knowledge. Whether the Swakopmund Protocol adequately meets the needs for IP rights in TM requires further consideration. In any case, the procedures and advantages may need to be well explained to the TMPs through their associations if the Protocol is to be successfully implemented. TMPs operating at the micro-level and in the informal sector will need to be engaged so that the system evolves with them. Policy Options for Enhancing Innovation in Traditional Medicine Overall, Ghana has experienced substantial progress in formulating and implementing policy relating to TM. Policy has enhanced the recognition of TM, and over the years the MOH has gained weight as a lead agency in institutionally innovating for the TM sector to advance. There is, however, a seeming contradiction between the philosophy driving policy makers and the fundamental conviction of practitioners regarding the mainstreaming of TM in Ghana’s health care delivery system. Policy makers aim to modernize practice along the lines of allopathic medicine. The goal is to establish a “herbal medicine service delivery system and Industry that is self-motivated for excellence and responds positively to the health needs of the population with unique products, services and approaches that are accessible, safe, efficacious, affordable and compatible with modern science, technology and healthcare practices” (MOH 2012, p. 4). Implementation of this policy has gone so far as a collaboration with KNUST to offer a four-year B.Sc. in Herbal Medicine. Programme graduates are then posted to the Herbal Medicine Centers h e r b a l m e di ci n e i n t h e i n f o r mal sec tor of ghana 221 set up as pilot clinics in government hospitals and to interested private clinics or industries. There is an apparent interest in modernizing the TM sector to fit the framework of allopathic medicine. However, this is not acceptable to many informal TMPs who see traditional medicine as patently distinct from allopathic medicine.12 TMPs point to their many years of learning and practice and argue that incorporating TM into the public health care delivery system should not mean merging it with orthodox medicine. Many argue that TM should be seen as parallel to orthodox medicine. In their view, policy should aim not at converting traditional medical practice to orthodox medical practice but at reinforcing traditional medical practice as an alternative to the orthodox. So far, this tension between policy makers’ and TMPs’ perspectives has not degenerated into open conflict. On the contrary, they have cooperated well to raise TM practice to a higher level over the past two decades. The idea that TM should advance parallel to allopathic medicine exposes a fundamental dilemma. Developing TM along the lines of allopathic medicine enables it to attract customers who want to see the same efficacy and quality standards observed in TM as pertain to allopathic medicine. The scientific approach to diagnosis through tests and the application of diagnostic kits is important in winning their trust. But progression along the path of allopathic medicine could eventually transform the TMP into a medium or even large-scale formal operator, a development that few TMPs can contemplate. Public policy implementation appears to be fairly strong with regard to regulation. There are good reasons why TM should be subject to strong regulation. In the public interest, there is a need to assure efficacy of treatment and high-quality products. In a practice that is more easily open to quacks than orthodox medicine, regulation is essential to safeguard integrity. Simply put, it is in the interest of TM to strengthen regulation so as to enhance the image of the practice. Yet regulation should at the same time stimulate the growth of the practice and its sustainability, and not stifle individual or collective entrepreneurship.13 12 13 This is a point that came out strongly in our focus group discussion and interviews with TMPs. Many of the participants were at pains to stress the originality of their practice, rejecting the notion that they have to practice in the mode of allopathic medicine to gain legitimacy. In the focus group discussion, practitioners expressed frustration with the services of some of the regulatory institutions. They were seen as too bureaucratic in the way they handle samples for testing and approval, and their officers were thought to lack an understanding of business. 222 g e o r g e o wus u es s egbey an d stephe n awu ni Our study raises questions as to whether policy approaches to the informal economy in the past have aimed to foster innovation, and whether conventional innovation policies play a role in the informal economy or new approaches are needed. As noted in Chapter 2 of this volume, existing policy approaches to the informal economy are not generally designed with a view to fostering innovation and/or IP in the informal economy. In fact, in many countries innovation policies do not consider the informal economy as a potential source of innovation. National innovation policies continue to be dominated by science and technology perspectives or institutionalized and formalized research and development (R&D). Innovation activity generated in the informal domain of the economy remains largely overlooked. In the development of TM in Ghana, some efforts have gone into creating bridges between the modern science and technology system and the TM system. The collaboration between TMPs and knowledge institutions provides an important example. There have been some positive results, such as traditional herbal preparations being prescribed in public health care institutions. But informal TMPs remain marginalized, restricting the capacity for innovation in the informal economy. The situation calls for inclusive strategies to ensure cogent connections between modern science and technology and TM. The study shows the extent and diversity of innovation in TM. TMPs have innovated with regard to products, production processes and business practices. Promoting further innovation will require further policy work. To some extent, this is a matter of strengthening the implementation of prevailing policies on TM. An example is the incorporation of TM practice in public hospitals through the establishment of Herbal Medicine Centers in these hospitals. Extending coverage of the NHIS to patients at these centers is likely to increase patronage and encourage greater innovation. There is also a need to strengthen existing institutions to deliver on their mandates. For example, the CSRPM will need to continue its support for TM practice through R&D. This is at the heart of improving TMPs’ products and enabling them to meet the safety and quality requirements for approval by the FDA or use in the new Herbal Medicine Centers. Training through TMP associations and with the support of knowledge institutions such as KNUST will also promote innovation. All these efforts could be articulated in a national program focusing on innovation in TM in Ghana. Current initiatives in the health care sector to promote the advancement of TM appear to aim at scaling practice up beyond the informal and h e r b a l m edi ci n e i n t h e i n f o r mal sec tor of g hana 223 micro-level to the formal and medium or large scale. It is as if there is a view that informal TMPs cannot innovate sufficiently and so must be made to upscale. Arguably, some upscaling is indeed to be expected. Many of the innovations adopted by TMPs in this study are likely to lead to higher production levels in order to achieve the economies of scales necessary to realize commensurate economic gains. However, in reality informal TMPs can still operate at the micro-level and be assisted to innovate through their associations. There is a strong tradition of networking in associations in TM to build on. Together with related structures such as the TMPC, GHAFTRAM can be used to reach out to regional centers and provide central facilities to enable them to produce in more innovative ways. This would require serious investment in informal TM, which might in turn entail innovative approaches such as the use of public–private partnerships. The TM sector offers good opportunities for employment and job creation. Our study confirms that TM enterprises cover a spectrum, from informal to informal. The sector can be seen as a pyramid, with micro-TMPs at the base and a few medium and large TMPs at the top. These different TMPs offer opportunities for all kinds of workers – herbalists, plant collectors, factory hands, drivers, artists, secretaries and a host of workers finding their niches in the value chain. The TM sector should be seen as a priority sector for industrialization, and policy developed to help infuse greater value and efficiency across the value chain. Ministerial review of policy is important to ensure that measures are targeted and effective. In 2013, the Minister of Health established a Committee on Herbal Medicine Research and Intellectual Property Rights Protection following a review of operations of the pilot centers for herbal medicine services at selected government hospitals. The Committee comprises ten experts and its terms of reference include facilitating the achievement of the highest possible scientific, safety, efficacy and quality requirements for herbal medicines selected for primary health care so that they pass clinical trials and secure FDA registration. The Committee’s work and the subsequent implementation of its report and recommendations should widen the scope of impacts of national policies on TM and the resultant benefits to the general population. Enhancing policy impacts is especially important and challenging with regard to employment. A focused national strategy is required to realize the many opportunities for job creation in the TM sector. 224 george owusu e ss eg bey and stephen awuni Broadly, such a strategy would identify the specific steps needed to expand employment in particular components of the value chain. For example, the establishment of large plantations of medicinal herbs would engage labor in rural communities and various ecological zones. Upscaling of manufacturing in herbal industries, especially those producing approved herbal products for use in public hospitals, would absorb some skilled graduates. Manufacturing is particularly important because it is the largest sub-sector within the industrial sector. In 2010, it accounted for around 70 percent of workers in industry. Manufacturing therefore holds potential for employment and poverty reduction (ISSER 2013). But beyond local consumption of herbal products, the national strategy should aim to take advantage of global consumption. Countries such as China and India have evolved national export strategies for traditional herbal products. Ghana could have a strategy designed to make traditional herbal products a key component of nontraditional exports. Export orientation would demand more stringent quality assurance measures and IP. The use of trademarks, for example, would facilitate marketing and the development of niche global markets for Ghanaian TM products. It is therefore vital that the overall policy regime for the development and promotion of TM incorporates strategies for IP. Conclusion Our case study of traditional medical practitioners in Ghana confirms that TMPs normally operate in the informal sector and are predominantly micro-entrepreneurs. There are some small-, medium- and largescale TM enterprises, but few compared with the large numbers of microTMPs. Importantly, micro, small, medium and large enterprises are located on a continuum of informal–formal practice, in line with the conceptualization proposed by Chapter 2. Our study suggests that there is scope for broad policy measures to enhance competitiveness among TMP entrepreneurs, but measures must be tailored to suit different scales of operation. Overall, the study reveals significant innovation in processes and products among TMPs. Production systems have been improved through innovations to address contextual manufacturing challenges such as the unstable supply of water and electricity and to enhance quality assurance and packaging. Even organizational systems and marketing h e r b a l m edi ci n e i n t h e i n f o r mal sec tor of g hana 225 strategies show evidence of innovation. These constitute opportunities for policy interventions to enhance the innovations for the further advancement of TM. An important finding relates to the strong linkages among TMPs through the formation of associations, reinforced by the umbrella association GHAFTRAM. These associations facilitate knowledge flows and learning. There are also important connections with knowledge institutions that provide resource and expertise for training sessions and assistance in developing products. The relationship between TMPs and current intellectual property appropriation mechanisms is more challenging. A lot more has to be done to create awareness about the IP system and promote its use if it is to replace the traditional protection strategy of secrecy. Even then, conventional IP appropriation mechanisms may be of limited use, as TM innovations may not meet the technical criteria for patenting and trademarks provide limited protection. A sui generis system for appropriation therefore needs to be developed for TM. The key drivers of innovation include both push and pull factors. There is a push effect from policy, legislation and regulation. Ghana has shown how policy initiatives can impact positively on TM by making it an integral component of the health care delivery system, and regulation has stimulated innovation to improve the quality of products and make them more acceptable to consumers. There is also a pull effect from market forces. In sum, innovation has contributed to the competitiveness of TM products. It may now be time to raise the sector to a higher industrial level. References Apoya, P. 2012. Political Economy Analysis of the Health Sector (Rural Health Services) in Ghana. Accra, STAR-Ghana. De Beer, J., Kun, F. and Wunsch-Vincent, S. 2013. “The Informal Economy, Innovation and Intellectual Property – Concepts, Metrics and Policy Considerations,” WIPO Economic Research Working Papers No. 8. Geneva, Economics and Statistics Division, World Intellectual Property Organization. Essegbey, G. O., Awuni, S., Essegbey, I. T., Akuffobea, M. and B. Micah 2014. “Country Study on Innovation, Intellectual Property and the Informal Economy: Traditional Herbal Medicine in Ghana.” Committee on Development and Intellectual Property (CDIP): Thirteenth Session, CDIP/13/INF/2 ANNEX. Geneva, WIPO. 226 george owusu e ss eg bey and stephen awuni Ghana Statistical Service 2012. 2010 Population and Housing Census – Summary Report of Final Results. Accra, Ghana Statistical Service. Institute of Statistical, Social and Economic Research (ISSER) 2013. The State of the Ghanaian Economy in 2012. Legon, ISSER, University of Ghana. Lawal, O.A. and Banjo, A.D. 2007. “Survey for the usage of arthropods in traditional medicine in Southwest Nigeria,” Journal of Entomology 4(2): 104–12. Lundvall, B-Å. 1992. National Systems of Innovation: Towards a Theory of Innovation and Interactive Learning. London, Pinter. Mander, M., Ntuli, L., Diederichs, N. and Mavundla, K. 2007. “Economics of the traditional medicine trade in South Africa,” in Harrison, S., Bhana, R. and Ntuli, A. (eds.) South Africa Health Review 2007. Durban, Health Systems Trust, pp. 189–96. Mashelkar, R.A. 2013. Inclusive Innovation: The Global Game Changer. Pune, CSIR-National Chemical Laboratory. Ministry of Health 2012. Operational Guidelines for Integrating Herbal Medicine Practice into Health Care Institutions. Accra, Ghana Health Service. Mytelka, L.K. 2000. “Local systems of innovation in a globalized world economy,” Industry and Innovation 7(1): 15–32. OECD/Eurostat 2005. Oslo Manual: Guidelines for Collecting and Interpreting Innovation Data, third edition (The Measurement of Scientific and Technological Activities). Paris, OECD Publishing. Patwardhan, B. 2005. Traditional Medicine: Modern Approach for Affordable Global Health (Commission on Intellectual Property, Innovation and Public Health (CIPIH) Study Nine: Traditional Medicine). Geneva, World Health Organization. Payyappallimana, U. 2005. “Role of traditional medicine in primary health care: an overview of perspectives and challenges,” Yokohama Journal of Social Sciences 14(6): 57–77. Science and Technology Policy Research Institute (STEPRI) 2007. Ghana Herbal Pharmacopoeia. Accra, STEPRI. Secretariat of the Convention on Biological Diversity 2011. Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization to the Convention on Biological Diversity. Montreal, UNEP. World Health Organization (WHO) 1996. Traditional Medicine (WHO Fact Sheet No. 134). Geneva, WHO. World Health Organization (WHO) 2000. General Guidelines for Methodologies on Research and Evaluation of Traditional Medicine. Geneva, WHO. h er b a l m e di ci n e i n t h e i n f o r mal s ec tor of g hana 227 World Health Organization (WHO) 2003. Traditional Medicine (WHO Fact Sheet No. 134, revised edition). Geneva, WHO. World Health Organization (WHO) 2013. WHO Traditional Medicine Strategy: 2014–2023. Geneva, WHO. World Intellectual Property Organization (WIPO) 2013. WIPO IP Facts and Figures Economics and Statistics Series. Geneva: WIPO. 228 g e o r g e o wus u es s egbey an d stephe n awu ni COMMENT 5.1 peter arhin Ministry of Health, Ghana This chapter provides an accurate and useful picture of the development of the TM sub-sector in Ghana. In the last two decades, several policy initiatives have been undertaken within that sub-sector, including baseline studies, a census of practitioners, ethno-botanical and floristic studies and pharmacopoeia and formulary development in an attempt to formalize and standardize the rational use of traditional or herbal medicines. This study is an important addition to that work, identifying the drivers for innovation in TM and in the broad context of the informal economy. My comment here aims to highlight some of the key points and to consider briefly some of the recommendations on the way forward. The authors identify various reforms and innovations that have taken place within the TM industry, particularly since 2005, such as the use of stainless steel automated equipment in manufacturing TM products, structured training of practitioners through extension services and technology transfer programs, improvements in packaging, harmonized standard guidelines on pre-registration evaluation of herbal medicinal products, the introduction of the sale of approved herbal products into general pharmaceutical practice and, very importantly, piloting of limited TM services in fifteen hospitals. The key resource used to integrate TM into hospital practice is a new cadre of Physician Assistant with a Bachelor in Clinical Science and Herbal Medicine who can diagnose simple ailments at the primary health care level and prescribe treatment using recommended and accredited herbal medicine products and creating access to available scientific information. Unquestionably, innovations in TM have served to increase its acceptance within Ghana’s health care delivery system. An unpublished MOH survey of senior health workers including pharmacists in some regional hospitals identified that their receptivity toward TM had grown from 25 percent to 96.4 percent between 2007 and 2012 due to improved quality assurance. However, some important challenges facing the TM industry and services are also enumerated in the chapter. These were reviewed at various Innovation Convergence Meetings on Traditional Medicine Development between 2005 and 2014 which were organized to bring stakeholders together to deliberate on the development of TM in the co mmen t 5. 1 pet er arhin 229 health sector. Key challenges include the small size of many TM businesses, limited their administrative capacity to access capital funding and available grants; limited technical capacity to build on rudimentary knowledge. For example, deriving new molecules and developing modern solid dosage forms; low capacity to implement current good manufacturing practices; and a lack of management support to obtain patents and other suitable IPR protection for innovations. To overcome these challenges, the industry should obtain financial support to enter into modern pharmaceutical production and patent systems and update the evidence base for TM by filling the gaps in preclinical and clinical studies and trials. There is a high demand for documented evidence of the efficacy of TM, substantiation of cure through laboratory and radiological investigation rather than the clinical observation of practitioner or the testimony of the patient. The medicinal substances responsible for biological effects have to be adequately known, even if those substances remain crude. As the enduser and direct beneficiary of innovations, the patient must be properly considered to ensure products and services are safe, cost-effective, of adequate quality, portable and convenient. Currently, many TM products are liquid extracts and raw herbs. The scope has to be widened to include modern convenient solid dosage forms. The MOH should encourage health technologies and health R&D innovations that meet all the requirements for patentability – those that are novel and do not exist as prior art or in the public domain, industrially applicable, and demonstrate an inventive step that would not be obvious to someone reasonably skilled in the prior art. Applying additional criteria for approval of TM products by the Food and Drugs Authority of Ghana would impose new pressures on indigenous TMPs. They would have to forge partnerships with government, the private sector and researchers based on benefit-sharing arrangements in order to be able to develop the capacity to meet the updated quality assurance standards for production. Partnerships with investors would ensure that access to funding is not limited to personal resources, which are often very limited. Regarding the implications for an IPR protection policy for Health Innovations, the MOH has proposed as a policy that Intellectual Property and Innovations Desks be opened in the ministry or its agencies and in other institutions related to health research and trade. The MOH is to develop an annual Monitoring and Evaluation Plan for Innovations and a clear policy on investing in patent registrations for and on behalf of the 230 g e o rge o wus u e s s egbey an d stephe n awu ni originators of TM Innovations. The Ministry would then have to enter into benefit-sharing partnerships with the selected TMPs. The Ministry’s investment could be offloaded when a suitable private developer became available. In general, the implications for the government can be summarized as follows. Government policy promoting local manufacturing should influence the NHIS to adapt its approach to TM, as recommended in the original study on which this chapter is based (Essegbey et al. 2014). This would be very much in line with Legislative Instrument 1809, which has the primary goal of protecting the rights of patients and clients to access approved health care options under the minimum benefit package, including provisions to reimburse the cost of approved herbal medicines and associated laboratory and radiological diagnostic services. This approach would offer an opportunity to gather clinical data on the official use of herbal medicines, strengthening the evidence base for future policy and practice reviews. I would add some further recommendations to ensure that the development of the TM industry is sustainable: • Postgraduate clinical orientation in the use of herbal medicine should become a specialist position, recognized for onward professional progression in the health sector. • Relevant postgraduate specialization programs should be identified for doctors and medical herbalists (that is, the new category of Physician Assistants (Herbal)). Pharmaceutical postgraduate training could focus on herbal drug development, production technology and management. Training in world trade and IPR issues would continue to be important. Financing for training should be incorporated into fellowship awards. • Capacity must be built up within the MOH and its agencies to ensure a hierarchy of TM supervision from headquarters to hospital level. • A dedicated fund should be set up to assist the development of herbal medicine products of high interest for public health. • At least one state-of-the-art facility in manufacture, clinical testing and training center should be established. It should offer a one-stop service, undertaking contract manufacturing of a range of products following the best good manufacturing practices and also conducting clinical observational studies and trials. • There should be an ambitious scheme to develop seedlings, grow and conserve (in situ and ex situ) medicinal plant resources. com men t 5. 1 p et e r a rh in 231 The TM sector would benefit from the establishment of a platform stimulating convergence and business links with overseas enterprise champions in TM and Big Pharma. Such a development would allow the sector to develop and contribute more optimally to the national economy. Aspects of TM should be incorporated into the National Development Agenda, the National Science and Technology Innovations Strategy and the National Cultural Policy, and should be operationalized along the lines suggested in this chapter. International partnerships, grants and intermediation will be required to overcome bottlenecks in the development and the official adoption of innovations and IPR protection schemes in the resource-scarce environment of Ghana until collaborative R&D, patent revenues and the development of the TM industry begin to yield results. In summary, this study is an important and timely work that offers valuable ideas to enhance the substantive review of the policy environment for TM development. Although it focuses on Ghana, the results are relevant to many other African countries given the context of TM practice. I hope that international and national stakeholder organizations will invest systematically in similar studies to help refine their strategies for supporting innovation in such traditional sub-sectors of the economy which have been identified to hold enormous economic potential but has been slow growing in making significant contributions to GDP due to insufficient investments into application of research innovations, modern technology and IPR protection schemes. Reference Essegbey, G.O., Awuni, S., Essegbey, I.T., Akuffobea, M. and Micah, B. 2014. “Country study on innovation, intellectual property and the informal economy: traditional herbal medicine in Ghana,” report prepared for the Committee on Development and Intellectual Property (CDIP): Thirteenth Session, CDIP/13/INF/2 ANNEX. Geneva, WIPO. 6 Appropriation and Intellectual Property in the Informal Economy jeremy de beer and sacha wunsch-vincent This chapter explores how innovation is appropriated in the informal sector. It contributes new knowledge to this field in three ways. First, it solidifies a new interdisciplinary conceptual framework for looking at intellectual property (IP) and other appropriation strategies in the informal sector which bridges law, economics, management, development studies and related fields. Second, it synthesizes empirical findings based on original qualitative data from fieldwork conducted for this book and a parallel project by the Open African Innovation Research network (Open AIR). Third, it summarizes the practical challenges that actors in the informal economy face in using IP, also preparing the ground for policy suggestions outlined in Chapter 7. The chapter’s key conclusion is that the crucial policy question is not whether appropriation methods are relevant in the informal economy, but rather which mechanisms, formal and/or informal, may be most suitable or promising in the specific case and sector under consideration. Mechanisms for Appropriating the Fruit of Innovation Activities Appropriation Mechanisms: Definitions and Spectrum How do individual entrepreneurs and small enterprises manage knowledge in the informal economy? Do they conceive of IP in the same way as managers in the formal sector? Do they adopt similar strategies for appropriating value and competitive advantage from knowledge? What obstacles do they face in protecting their innovations? The point of departure for this chapter in answering such questions is that innovative entrepreneurs do employ certain mechanisms to “appropriate” the fruit of innovation activities. 232 a p p r o p r i a t i o n an d i n t el l e c tu a l pr o p er ty 233 The term “appropriation” is subject to different interpretations by various academic disciplines. In its ordinary grammatical sense, appropriation can be a pejorative term, perhaps implying taking without an owner’s permission. Political scientists, sociologists or anthropologists might easily conflate appropriation with misappropriation, as applied, for example, to the traditional knowledge (TK) or cultural heritage of indigenous communities. To legal scholars, appropriation may suggest the inevitable existence of property – a bundle of privately enforceable but state-backed rights of exclusive control over a valuable resource. In a strictly legal sense, the line between appropriation and formal IP ownership is thin and blurred. As understood by managers and economists, appropriation includes a wide spectrum of formal and informal mechanisms by which individuals or firms can somehow capture returns from an initial investment in innovation. The interdisciplinary framework established in this chapter defines appropriation as a way of realizing pecuniary or non-pecuniary benefits from an innovation, often but not always by excluding third parties from copying or by taking ownership of the original innovation via legal means. Those who invest in innovation commonly aim to reap a return on that investment by maintaining some form of exclusivity over their knowledge related to innovative processes or products. Teece (1986) argues that the most important determinants of an innovator’s ability to capture profits generated by an innovation are the nature of the technology and the efficacy of legal mechanisms of protection. Hall et al. (2014, p. 3) explain that “[a]ppropriability is a concern for inventors since one of the outputs of inventive and innovative activity is often knowledge, an intangible asset, hence it is difficult to exclude others from using this knowledge at a fraction of the initial cost of the invention development.” Firms will use different means to exclude competitors from copying or from producing the same product. Appropriation is thus a solution to a fundamental problem governing the production of knowledge; by helping to ensure that the firm gets a return on its investment in innovation, it provides an incentive for such investment. Importantly, formal IP rights such as patents or trademarks are not the only way to incentivize the production of knowledge and innovation by affording the original inventor some advantage over his or her competitors. Specifically, appropriation as defined here is broader than formal IP 234 j e r emy de beer an d sach a wu nsc h- vinc ent rights alone. One can distinguish formal, semi-formal and informal means of protecting innovation:1 • Formal means of appropriation take the form of proprietary legal rights to intangible resources enforceable against the public; for example, IP rights such as patents, utility models, trademarks, industrial designs, copyright and moral rights. • Semi-formal means of appropriation take the form of formal contractual or informal arrangements primarily among private actors, such as secrecy, publishing, non-competition clauses, non-disclosure agreements, contracts and others. • Informal means of appropriation are design, production, or service delivery features that provide a competitive advantage. They may take various forms such as lead time and first-mover advantage, high capital intensity, complexity of design and/or technology and division of duties, after-sales and other services maintaining quality, reputation, trust and customer loyalty as well as family/community mechanisms in tandem with community sanctions and ostracism for copying or imitation. Figure 6.1 presents these different appropriation mechanisms in a continuum of increasing legal formality. Some but not all of these appropriation methods are mutually exclusive. Patents and secrets cannot be pursued simultaneously, because patents by definition require public disclosure of an invention’s technical details. Other formal and informal protection schemes can complement each other during the commercial life span of an innovation. Patents may protect technical aspects of a product or process while trademarks are used to brand and market the patented invention. Formal trademark protection also often overlaps with informal strategies to manage customer relationships and cultivate loyalty. Logos and packaging may also be copyright-protected as artistic works; written documentation is also protected automatically by copyright in most countries. Some formal appropriation mechanisms rely on public disclosure of the invention. Patent applicants, for instance, must disclose to the public the problem-solving information underlying an invention in return for exclusive rights from the state (WIPO 2011, p. 78). The idea is that 1 For a fuller review of appropriation mechanisms and their use, see WIPO (2011), de Beer, Kun and Wunsch-Vincent (2013), and Hall et al. (2014). Increasing legal formality Intellectual property rights (IPRs) Industrial property rights: – Patent – Utility model – Design right – Trademark – Right to business name – etc. – Secrecy – Publishing – Restricted access to information – Database and network protection – Documentation – Technical protection – Trade organization membership Decreasing legal formality Copyright “Semi-formal” protection – Division of duties – Circulation of staff between tasks – Cultivating commitment and loyalty – Customer relationship management – Effective sharing of information – Fast innovation cycle – Complex product design – Productized service packages – etc. Informal protection methods Figure 6.1 Typology of formal and informal appropriation mechanisms. Source: Authors in de Beer, Kun and Wunsch-Vincent (2013) based on Päällysaho and Kuusisto (2008, 2011). 236 j e r e my de beer an d sach a wu nsc h- vinc ent follow-on inventors can build on that knowledge after the patent period of exclusivity has expired. Semi-formal or informal appropriation methods vary in the degree of information disclosure that they involve. Often they differ from formal IP rights in that information and technical knowhow is kept secret rather than disclosed. Indeed, these choices as to the form of appropriation used will affect the circulation of knowledge. In studying the role of appropriation for innovation, ideally one should analyze not only the “incentives to innovate” but also the diffusion of knowledge and information resulting from the chosen form of appropriation. Appropriation in the Formal Sector: Empirical Findings A growing body of empirical literature provides evidence regarding appropriation mechanisms in the formal sector in high-income countries (WIPO 2011; Hall et al. 2012). Different firms deploy diverse strategies to appropriate returns from innovation (Päällysaho and Kuusisto 2008, 2011). Formal appropriation methods can – – – – – – – – protect against unauthorized usage of protected IP by competitors; help commercialize IP-protected products and services; help license inventions and create corresponding technology markets; increase brand-based enterprise recognition; signal to potential venture capital to obtain business finance; limit the right of employees to enter employment with competitors; ensure that information is kept confidential; ensure the transfer of rights related to inventions from employees to companies; and – facilitate sharing of rights in the results of cooperative projects in a manner that satisfies all contracting parties. Semi-formal IP protection can – limit the right of employees to enter employment with competitors; – ensure that information is kept confidential; – ensure the transfer of rights related to inventions from employees to companies; – facilitate the sharing of rights in the results of cooperative projects in a manner that satisfies all contracting parties; and – prevent patents by rival parties. a p p r o p r i a ti o n an d i n t el l e c tu a l pr o p e r t y 237 Informal appropriation methods can – work as a powerful appropriation mechanism often based on trust, personal relationships or social beliefs, values and norms, with no need for written agreements or formal tools; – decrease dependency on individual members of staff; – decrease the risk of knowledge leakage through employment relationships, partnerships and customer interactions; – prevent patents by rival parties; and – make copying and imitation difficult and time-consuming. Importantly, even in the formal sector of high-income countries, the use of formal appropriation mechanisms such as patents is the exception rather than the norm. Larger firms with a high R&D intensity and that collaborate with other firms or public research institutions and universities may rely on patents. Firms in certain industries – pharmaceuticals and chemicals, information and communication technologies and some others – may use patents more intensively than other firms. Yet, the above cases aside, firms in the formal sector typically use the full spectrum of appropriation, often giving preference to semi-formal or informal means as defined earlier. Lead time over competitors, customer sales and service activities are the most prominently used means of appropriation. And when it comes to formal IP rights, trademarks are far more popular than patents, which are used only by a minority of firms. According to data collected through innovation surveys in the United States in 2009, for instance, only a small fraction of all firms in all sectors consider formal IP rights such as patents to be important (Jankowski 2012). Among firms that regard IP as important, trademarks are considered most important, on average, followed by trade secrets, copyright, industrial designs and patents. Low awareness of IP or difficulty in accessing IP protection mechanisms provide part of the explanation for the low uptake of formal IP. The ability of firms to use the formal IP system can be constrained by various factors, including financial and other resources, and enforcement challenges on a global level (Leiponen and Byma 2009; Kotala, Päällysaho and Kuusisto 2010). These are not the only explanations, however. Plainly, for many firms it does not make business sense to apply for and enforce formal IP rights and, in particular, patents. Either other appropriation means are more appropriate or firms have no intention of protecting their innovation through formal IP rights in the first place. 238 j e r e my de beer an d sach a wu nsc h- vinc ent For instance, firms that face shorter product life cycles tend to make less use of formal IP rights such as patents or industrial designs. Data also reveal that process innovators with modest R&D investment or few cooperative R&D activities rely to a lesser extent on patents and more on secrecy than product innovators do (Leiponen 2006; Leiponen and Byma 2009). Accordingly, firms in the service industry use less formal IP; and when they do use IP, trademarks are particularly important. Firms that collaborate with horizontal partners to innovate, or that significantly depend on vertical partners, tend to prefer speed and the ensuing advantage of lead time. The propensity to patent also decreases with decreasing firm size. As an exception to this rule, research-intensive small- and mediumsized enterprises (SMEs) that harbor specialized knowledge do rely heavily on the patent system (Helmers 2011; WIPO 2011). This formal IP provides them with a reputation effect, access to finance and other benefits (WIPO 2004; OECD 2011). Yet when the broad majority of small firms are considered, aside from the registration of trademarks, small firms rarely rely on formal IP rights. Again, it is often suggested that SMEs face a number of difficulties in using the IP system, such as limited legal skills, limited knowledge about the IP system’s potential relevance to their business strategy, and the system’s complexity. Often, however, business strategy and practicality lead smaller firms to use other appropriation schemes. In particular, secrecy, lead time or confidentiality agreements can be used by smaller firms to achieve desired outcomes (Arundel 2001; Leiponen 2006; Kotala, Päällysaho and Kuusisto 2010; OECD 2011). Small firms in the formal sector and firms in the informal sector thus have a number of commonalities as regards the spectrum of means of appropriation they employ and the obstacles they may face. Appropriation Mechanisms in the Informal Economy The different appropriation systems – or the lack thereof – in the informal economy have not been studied sufficiently. Information on the use of IP in the informal economy tends to be scarce. The analysis of Consideration of appropriation mechanisms in the informal economy is therefore an explicit objective of the studies presented in this book. Many questions have to be considered regarding appropriation mechanisms in the informal economy: are the incentives for innovation, a p p r o pr i at i o n an d i n t el l ect ua l p roperty 239 diffusion and impact different in the formal economy and the informal economy? Does the informal economy rely on different and potentially unique appropriation mechanisms as compared to the formal sector? Are innovation outputs and technical know-how communicated and disclosed differently in the informal economy than in the formal economy? Table 6.1 and the following sections summarize what the existing literature on the informal economy and the fieldwork for this book imply with respect to the use of formal and less formal appropriation mechanisms in the informal economy. This review suggests, perhaps not surprisingly, that most mechanisms for appropriating innovation in the informal economy are informal in nature, with the most important being lead time, sales or service efforts, the constant supply of new products and varieties, customer loyalty and after-sales efforts. Selected studies suggest that informal economy actors use few semi-formal appropriation mechanisms, with the exception of secrecy, which is prevalent. As noted by Sheikh (2014, p.209), “[t]hrough these informal appropriation mechanisms, many communities . . . draw sufficient incentives/motivations for innovations. The informal appropriation tool used by . . . the informal sector does not necessarily include modern intellectual property rights for exclusivity but locally developed intellectual property systems can be discerned.” In the same vein, restricted access to information and the division of duties also help to preserve the confidentiality of the whole production process, so helping to protect innovation. In sum, the available evidence shows that actors in the informal economy (i) give little consideration to appropriating their returns from innovation, and/or (ii) rely on semi-formal or informal rather than formal appropriation mechanisms. The first impression is suggested by accounts that stress that innovation in the informal economy frequently takes place in clusters that facilitate the flow of knowledge and technology via complex and organic exchanges of ideas through social networks. Within these clusters, entrepreneurs are said to imitate each other’s products, those coming from the formal sector, or imported goods. This approach may also be related to the fact that appropriation often goes against the social rules that guide the communities in which informal businesses operate. Operators in the informal sector have to find the right balance between operating as individual entrepreneurs and as part of a close-knit community. In such circumstances, “sharing” can be a more successful strategy for survival in the large sense than strict “appropriation.” 240 j er e m y d e b e e r a n d sa c ha wun s c h -v i nc e n t The second idea – that informal economy actors are concerned about appropriation but use semi-formal or informal mechanisms – requires further explanation. Use of Formal Mechanisms in the Informal Economy To our knowledge, almost no available study shows the systematic use of formal IP in the context of the informal economy. It is plausible to assume that the current use and enforcement of formal registered IP forms, be they patents, trademarks, industrial designs or others, is close to non-existent among informal sector innovators who do not have the aid of intermediary organizations. The only example relates to the activities of the Honey Bee Network, which started in India (see Box 6.1). This initiative to secure formal IP rights at home and abroad for inventions created in the informal sector is unique, which perhaps suggests that there is untapped potential to use formal IP rights in other countries’ informal sectors. It is also noteworthy that our studies highlight that formal IP becomes more important as interaction between the informal and formal sectors for joint collaborative innovation increases. Otherwise, use and enforcement of formal registered IP forms is close to non-existent among informal sector innovators who do not have access to support from networks, intermediary organizations or active policy interventions. While certain activities would qualify for copyright protection, this right seems to be rarely sought or enforced. The few field studies that introduce the topic of formal IP use in the informal economy yield the following hypotheses as possible explanations for the quasi-absence of formal IP rights. Social and cultural norms aside, one of the most frequently suggested explanations is that innovations in the informal economy do not meet the necessary threshold to qualify for formal IP protection, as many are based on imitation and adaptation of existing products (Maldonado and Sethuraman 1992; see also Chapter 2 in this volume). Another is that actors in the informal economy have not heard about IP and lack the necessary awareness, legal skills and access to the formal IP system. Yet another hypothesis is that actors in the informal economy are pessimistic about their ability to register and enforce their IP. They therefore do not try to use the IP system even though they realize that extensive copying among artisans and the production of cheap copies abroad are threatening their income (Finger and Schuler 2004). a p p r o p r i at i o n an d i n t el l e c tu a l pr o p er ty 241 box 6.1 the honey bee network and the encouragement of formal ip in the informal sector The Honey Bee Network initiative grew from the aspiration to encourage grassroots innovation in India by identifying and valorizing such innovations. By its own account, more than 200,000 ideas, innovations and traditional knowledge practices have been documented, mainly from 550 districts of India but also from some other parts of the world (Gupta 2012; www.nifindia.org). The network has also built a platform in the last five years, techpedia.in, which has pooled more than 200,000 project summaries and titles of engineering and technological projects pursued by more than 600,000 students from India. An explicit aim of the network is to help innovators secure formal IP rights. Specifically, the National Innovation Foundation (NIF), the Society for Research and Initiatives for Sustainable Technologies and Institutions (SRISTI) and the Grassroots Innovation Augmentation Network (GIAN) are assisting with market and prior art search, filing patents on behalf of the innovators and licensing technology in and out. NIF has filed about 696 patents in India for innovators operating in the informal sector and has obtained 37 patents so far. Eight of these patents were filed in the United States, and five were granted; among the inventions covered are a four-wheeled cart and pulley mechanism for spreading manure, a motorcycle-based tractor, a device for climbing coconut trees and a cotton stripper (Gupta 2006). In terms of other forms of IP, the Indian IP office has received fourteen industrial design and ten trademark filings from the informal sector. NIF has also been actively involved in helping farmers protect new plant varieties by applying for twenty-seven registrations in India. The organization also operates the Grassroots Technological Innovation Acquisition Fund (GTIAF), whereby rights to grassroots technologies with low commercial potential are obtained and later licensed at low or no cost to small entrepreneurs. About seventy-eight technologies have been acquired from fiftyeight innovators under this program to date (see http://nif.org.in/initiatives). NIF also created a Micro Venture and Innovation Fund that has so far supported close to 200 projects at low interest rates; about eighty technologies have been successfully transferred for commercialization. The Honey Bee Network’s activities are currently being broadened to a large number of countries, in particular China and a number of African countries. Sources: Gupta (2006, 2010, 2012) and http://nif.org.in/ipm_projects.php? category=1&stext=&year. Alternatively, or additionally, it may be that the sort of exclusive rights provided by formal IP protection are inadequate or inappropriate to provide the necessary protection and appropriation to protect these forms of local innovation (Posey and Dutfield 1996). 242 j e r emy de beer an d sacha w u ns c h- vinc ent Finally, as is also the case in the formal sector, intrinsic motivation may suffice to spur innovative behavior. In other words, innovation occurs without the need for formal IP mechanisms – and the prospects of exclusivity and financial rewards – to act as an incentive (Bhaduri and Kumar 2011). The validity of these hypotheses remains to be verified, and they are explored through the case studies summarized in the later part of this chapter. They raise key questions. Should some firms in the informal economy consider seeking formal IP protection for their innovations? Would such protection be meaningful in the informal sector context? Use of Semi-Formal and Informal Mechanisms in the Informal Economy Many appropriation mechanisms are informal in nature, with lead time, sales or service efforts, customer loyalty and after-sales efforts being the most important examples. Informal economy actors may also try to appropriate their innovations via secrecy or other means of hiding their specialized knowledge, techniques or processes. What needs to be established in this regard is whether informal economy actors appropriate more of their innovative efforts than is portrayed in the literature, and whether they use different appropriation mechanisms from those in the formal sector. Findings could be biased by the fact that many studies of the informal economy relate to the manufacturing sector, and in particular metal manufacturing. Process innovators and service industries might be more prone to resort to secrecy, in line with what is observed in small formal firms. Furthermore, the relationship between master and apprentice involves significant bilateral knowledge exchange to the exclusion of third parties (see Chapter 2). If this is regarded as “secrecy,” the incidence of this appropriation mechanism might be larger than is currently acknowledged. The fact that appropriation has not been studied systematically, that “concealing information” and secrecy might not be socially acceptable interview answers, and that this behavior is less easily quantified might also bias research results. Studies underline the importance of trade or other intermediary organizations for the more formal appropriation of innovation. These might include groupings to facilitate the development of micro-firms or support innovations in the informal sector, or institutions (see Chapters 3–5 a p p r o pr i at i o n an d i n t el l ect ua l p roperty 243 in this volume). The National Innovation Foundation in India actively finances innovation and supports the registration of formal IP rights. Another example from South Africa is the “stokvels” or informal savings groups which allow the poor to mobilize financial resources that can be used for several things, including setting up a business (Verhoef 2001; Arko-Achemfuor 2012). Another issue that merits additional thought relates to how innovation is communicated, disclosed and diffused in the informal economy. Based on the available evidence, simple diffusion methods such as word of mouth play an important role in the diffusion of knowledge, along with popular literature, radio, television and other communications media. This also reflects the large variance in educational levels of informal economy operators. Many have only a basic education, but others are university graduates, including graduates with technical degrees in fields such as engineering. Appropriation Means Specific to Indigenous and Local Communities A separate literature has developed which analyses innovation and appropriation of indigenous peoples and local communities (Finger and Schuler 2004; Drahos and Frankel 2012). This literature is quite separate from studies of the informal economy, but the line between what is considered the informal sector here and more local innovation communities is blurred, and the findings of this research are relevant. A core finding of these studies is that indigenous people and local communities have always innovated and have always employed ways of protecting their knowledge and skills via alternative IP protection mechanisms. Another finding is that indigenous peoples and local communities also resort to distinct approaches to passing on and keeping knowledge confidential, most often relying on secrecy, particular codes to transmit knowledge or oral transmission of techniques and skills, often without formal codification. Family and community sharing mechanisms in conjunction with community sanctions and ostracism for copying and imitation are common. Customary laws and practices are often used to define custodial rights and obligations over traditional knowledge and its disclosure. These laws define how knowledge is shared and developed, and how traditional knowledge systems are appropriately sustained and managed within a community. In this context, personal relationships are an important form of disseminating and enforcing acceptable 244 jeremy de beer a nd sac ha wuns ch-v incent standards of behavior. Knowledge is transferable through inheritance, for instance, or between a master and an apprentice. Confidentiality plays a large role, and concepts such as reputation, apprenticeship and trust matter greatly. Secrecy, particularly codes to reveal knowledge and selective oral transmission of skills, is a particularly prominent means of appropriation. A detailed field study of innovative communities in the Indian shawl-making process, for instance, reveals that its actors seldom share innovation-related information with other communities: processes are kept complex with various experts skilled only in parts of the tasks, and often codes are used to keep information secret. As Sheikh (2014, p. 209) notes, “communities engaged in the informal sector have developed strong appropriation mechanisms and [IP] systems. But, these locally formed appropriation systems are quite different from modern day IPR. For instance . . . communities like weavers and designers . . . have developed talim (a kind of ‘hieroglyphics’) an arcane system of [IP] long before the modern IPR system was developed . . . The designs and the color combinations used by weavers from talim are hard to imitate. Only a person with sufficient experience in pashmina shawl weaving will be able to understand the codes.” On other occasions, more tacit protection of knowledge without codification but operating through the select attribution of tasks and the selective sharing of information – even within one family – is employed. Sheik (2014, p. 210) writes that “many communities . . . restrict the flow of knowledge to chosen descendants and to those who are in the same trade. For example, the community of dyers, weavers, designers and talim writers do not engage women in the important assignments of shawl making, presumably to prevent the transfer of knowledge from one community to the other through marriage systems . . . Therefore, the argument that all innovative communities in the informal sector freely reveal what they generate in terms of new knowledge seems erroneous.” To our knowledge, however, no systematic effort by innovation or IP experts to establish a comprehensive taxonomy of these different forms of appropriation exists. Also, as with the studies of the informal sector more generally, little or no statistical or quantitative survey work documents the various appropriation mechanisms in local communities. Yet it must be recognized that these practices may constitute an alternative to formal IP for such communities. Furthermore, despite these semi-formal and informal means of appropriation, the knowledge of local and indigenous peoples is often a p p r o pr i at i o n an d i n t el l ect ua l p roperty 245 misappropriated, as private firms worldwide decipher traditional knowledge and formally protect it, for instance, by means of patents, often without consultation or equitable benefit-sharing with local communities (Godbole-Chaudhuri, Srikantaiah and van Fleet 2008). In recent years, indigenous peoples, local communities and governments, mainly in developing countries, have demanded equivalent protection for traditional knowledge systems (WIPO 2012b).2 As noted by WIPO, “innovations based on TK may benefit from patent, trademark, and geographical indication protection, or be protected as a trade secret or confidential information. However, traditional knowledge as such – knowledge that has ancient roots and is often oral – is not protected by conventional [IP] systems.”3 Often, traditional knowledge is regarded as collectively originated and held, so that any rights and interests are vested in communities rather than individuals. As such, it is not easily protected by the current IP system, which grants protection to inventions by named individuals or companies, unless particular persons such as healers are regarded as the holders of the knowledge (WIPO 2012b). In some countries, however, sui generis legislation has been developed specifically to address the protection of TK.4 Appropriation of Innovation in Practice – Country Study Observations The studies in Kenya, Ghana and South Africa presented in Chapters 3–5 cover a range of sectors from metal manufacturing to medicinal practices, to personal care products. Meanwhile, between 2011 and 2013 the Open AIR network also funded case studies relevant to informal sectors of African economies. These studies are analyzed for their contributions to the topic of appropriation in the informal economy below. Table 6.1 summarizes the main findings. 2 3 4 Negotiations are currently underway in WIPO toward the development of an international legal instrument or instruments for the effective protection of traditional cultural expressions and traditional knowledge, and to address the IP aspects of access to and benefitsharing in genetic resources. See WIPO (2012b) and www.wipo.int/tk/en. www.wipo.int/tk/en/tk. Access to treaties and regulations on the protection of traditional knowledge can be found at www.wipo.int/tk/en/databases/tklaws. See also WIPO (2012a, 2012b, 2013). Table 6.1 Appropriation in the country case studies Kenyan metal manufacturers Ugandan automotive artisans Main forms of appropriation in use Informal metalworkers use first-to-market advantage, process secrecy and occasionally trademarks. Main forms of disclosure Apprenticeships and other training schemes. Relationships are based on trust, and products are freely copied. Awareness and attitudes toward formal IP Awareness and interest in formal IP is low. Customer loyalty, design complexities, competitive pricing, secrecy and nondisclosure agreements, customer care and intermediation. Formal IP forms are pursued by formal sector researchers. Work in open spaces; apprenticeships; internships. Patent documentation; scholarly and non-scholarly publications; media outlets and events pursued by the formal sector (i.e. Makerere University) but not by informal sector partners. Awareness and interest in formal IP is low. Challenges in using formal IP Not part of the culture. For most, the cost in terms of time and money outweighs the perceived benefit of formal appropriation mechanisms. Challenges in IP enforcement. Lack of awareness; poor or inadequate institutional capacity; low investment in R&D, which is a prerequisite to formal IP; lack of technical expertise/personnel; high cost of filing and challenging enforcement; inadequate administrative infrastructure. Source: Authors based on Chapters 3–6 in this volume and Kawooya (2014). South African personal care product producers South African and Ghanaian traditional medicinal practitioners Effective sharing of information, division of duties, customer relationship management and secrecy. Secrecy is main form. Trademarks registered for higher-end products in pharmacies and shops. Informal peer-to-peer training and knowledge exchange; apprenticeships; training by suppliers; training by technology transfer organizations; books and manuals; Internet. Awareness and interest in formal IP is low. It is perceived as not suitable for small informal enterprises. Lack of suitability for informal microenterprises; high cost of filing and challenging enforcement; limited awareness of the full range of options. Apprenticeships and interactions in associations; some organized workshops and seminars; publications. Awareness and interest in formal IP is low. Patenting is perceived as costly and complex. Need for greater awareness of the IP system; high costs of appropriation and challenging enforcement. 248 j e r e my de beer an d sacha wu ns c h- vinc ent Kenyan Metal Manufacturers King (1996) traces the story of Kenya’s jua kali over a quarter century between 1970 and 1995. Although King’s account of activities in this informal sector is extraordinarily rich, the appropriation of innovation or the use of formal IP rights was not the center of attention. Other in-depth studies of the jua kali have, however, started to raise the issue of formal IP or other appropriation strategies. Specifically, Juma and Ojwang (1989) have explored appropriation issues in this Kenyan context, proposing sui generis systems tailored to the needs of informal sector actors. Analyzing innovation in the area of Kenyan informal metal manufacturing clusters, Daniels (2010) touches on the potential relevance of more formal appropriation systems and in particular formal IP rights to the informal sector context. But he does not explore this topic any further. Chapter 3 of this volume, on the Kenyan informal metal manufacturing clusters, takes a step forward in more explicitly studying the role of appropriation and formal IP in the Kenyan informal metalworking sector. Among other questions, the authors sought to determine the implications of applying conventional IP appropriation mechanisms to innovation, and the diffusion of ideas in the informal metalworking sector. A few important findings emerge. First, consistent with earlier findings, they observed that informal sector metalworkers mostly use appropriation mechanisms such as secrecy, first-mover advantage and scattered component production, if they use any appropriation mechanisms at all. Second, attitudes regarding formal IP protection vary depending on the market for an enterprise’s products. Those working in clusters producing commodity goods for low-income consumers put high value on trust-based relationships and sharing ideas to adapt to changing demand. In fact, trust and honesty are considered to be as important as the skill and experience of the collaborator. Metalworkers in clusters making products for the markets of middle- and high-income economies also seemed more likely to use informal appropriation mechanisms to maintain competitive advantage. Bull et al. (2014, p. 32) note that “[t]hose at the Racecourse . . . were more likely to take advantage of informal appropriation mechanisms. The layout of their workplaces (more isolated than Kamukunji) and the migration of workers between workplaces (trainees tended to start their own enterprises rather than moving to another employer) made processes and novel products less visible.” a p p r o pr i at i o n an d i n t el l ect u al p roperty 249 Interestingly, intermediary associations tended to intervene to discourage appropriation through secrecy, on the ground that secrecy impedes the circulation of knowledge, training and thus the growth of the sector. As noted by Bull and his co-authors on p. 122 in Chapter 3, “[c]urrently, the Kamukunji Jua Kali Association presents the cluster as a ‘training center,’ and discourages entrepreneurs and inventors from protecting their ideas by requiring that sheds be open and the work going on visible to passersby”; and on p. 125: “[t]he association actively encourages information sharing by holding meetings, and intervenes when an inventor tries to work in secrecy.” Informal metal manufacturing entities in isolated conditions showed the most interest in formal IP protection through trademarks or utility patents. These informal firms and workers operating outside of clusters served different markets; they tended to be early adopters of new technologies. However, they also expressed frustrations with the inefficiencies of the formal IP system. For instance, in Bull et al. (2014), the owner of a small firm producing home furnishings such as coat and shoe racks, mirror stands, chairs and similar items states that he made the effort to register the trademark of his firm and call on those who he felt were infringing and to ask them to desist. When asked about whether he would consider patenting specific objects, he responds that he could “come up with new designs faster than his competitors could copy them.” To his mind, no patenting or any other formal IP protection is obviously required to grant him a competitive advantage. In another case, a serial inventor sought a patent for some of his work, but out of frustration abandoned the process before it was complete. In both of these cases, the originators were not working in a cluster. The serial inventor set up his operation well outside Nairobi, partly because some of his work was on agricultural tools, and partly to be able to control who had access to his developments. Both these firms had more sophisticated operations with catalogs and websites that significantly distinguished them from the jua kali working in the clusters. Ugandan Automotive Artisans Kawooya (2014) conducted fieldwork research among informal automotive artisans interacting with Makerere University staff and students in the Ugandan capital city of Kampala. Makerere’s “Gatsby Garage” is 250 j e r e my de beer an d sach a wu nsc h- vinc ent a workshop set up by the College of Engineering, Design, Art, and Technology (CEDAT) using funds from a UK non-governmental organization. The garage is a hub where university faculty and internship students cooperate with informal sector workers paid to perform various tasks. Kawooya sought to understand the extent to which formal and informal sectors in Uganda exchange ideas and innovations, and the role of IP – if any – in that exchange. First, the research revealed that formal and informal sector actors were exchanging ideas and innovations, often via the hub intermediary organizations such as the Gatsby Garage (see also Chapter 3). These exchanges were often based on mutual trust and respect. Second, IP protection was not an issue informal sector workers thought about unless formal sector entities raised it during discussions about outsourcing work. Kawooya (2014) found a great deal of willingness to share innovation between formal and informal sector actors. Informal workers value relationships with formal sector actors as a matter of pride, and as a way of validating themselves and their ideas. Formal sector actors recognize their own limitations and the practical skills informal workers possess. During these collaborations, informal artisans have felt obliged to disclose their ideas, products, or methods to paying clients, rather than keeping these secrets for competitive advantage. Similar sentiments were expressed regarding the obligation to provide skills training from senior to junior artisans. Pragmatism also played a role, as the physical spaces in which the artisans work make secrecy difficult. Formal sector actors, however, were aware of IP issues and the possibility that ideas might be “misappropriated.” Kawooya offers a compelling example involving the creation of East or Central Africa’s first electric vehicle, called “Kiira.” While the project was led by Makerere’s Centre for Research in Transportation Technologies at CEDAT, informal sector artisans were engaged for their expertise in sourcing suitable parts, fabricating components and helping to translate theoretical designs into practical solutions. Informal sector artisans who worked on the project were required to sign non-disclosure agreements which would help to protect Makerere’s trade secrets. Thus, formal IP mattered as the interaction between the formal and the informal sector in terms of innovation increased. Third, and as regards the above dynamics, the study points to an imbalance when actors from the informal and formal sector collaborate. a p p r o p r i at i o n a n d i n t el l ect u al p roperty 251 Formal sector actors were usually not worried about informal sector artisans “stealing” or “commercializing” these secrets, because doing so required heavy capital investment. That itself is an appropriation mechanism, albeit a semi-informal one. Conversely, the contributions of informal sectors workers were not acknowledged at all when the university pursued its own formal IP protections. To some extent, informal artisans do not feel cheated because they are paid for their services in exchange for finished products they are contracted to make. They also take pride in being approached by highly educated researchers seeking their services. The resulting inequities of the situation seem attributable less to an information or power imbalance than contrasting norms and expectations among formal and informal sector actors. South African Personal Care Product Producers To understand the role of IP rights or other appropriation strategies in such a transformation, in Chapter 4 Kraemer-Mbula and Tau studied innovation systems around the “manufacture of soap, detergent, cleaning and polishing preparations, perfumes and toilet preparations.” First, the authors found that most innovations in this informal sector were incremental but that significant improvement in formulations and packaging for product differentiation took place. In particular, the use of tribal designs in packaging and other forms of branding were found to be important appropriation mechanisms. They are not considered sacred and are commonly found in decorations of walls and shops. As noted in Chapter 4 (p. 157), “[t]hese innovations often involved adding decorative layers to the products or using wrapping paper with specific tribal designs to attract specific customers. Improvements in packaging and labeling are often a means of product differentiation and knowledge appropriation and a source of competitive advantage.” Second, and despite the existing potential, these authors also found that the use of formal IP rights was limited or non-existent. Survey respondents said that their use of formal means of appropriation such as patents or trademarks was marginal. Ninety-two percent of respondents had never attempted to obtain a patent, trademark, or other formal IP rights, although 32 percent said they would like to use formal protections. Rather, ideas were protected in some other way, usually through selective sharing of secrets, division of duties, and management of customer relationships. Fifty-six percent of respondents said they protect 252 j e r e m y d e b ee r a n d sa ch a w u n s c h- v i n c en t ideas through some formal or informal means. There seems to be some misunderstanding, however, about what it means to protect ideas, since 80 percent of interviewees reported to have their own brand, in other words, that appropriation was secured through reputational value. This happened regardless of the fact that only 4 percent of interviewees reported to hold a formal trademark. Third, attitudes toward the formal IP system and the sources of knowledge also matter in this sector. More than three quarters (76 percent) of informal manufacturers of home and personal care products surveyed in South Africa did not believe they “own” the ideas of the products they make, and 88 percent said, “open transfer of innovative ideas” was useful in the sector. Similar to the findings from Kawooya (2014) and from Bull and his co-authors in Chapter 3, the sharing of information – what one interviewee recognized as “free revealing” – was often seen to be a form of knowledge protection, with exchanges governed not by monetary transactions but by a sense of honor, trust and responsibility toward the community in which they live. It must be recalled, however, that the “‘personal care’ sub-sector cannot be taken to represent the view of all pharmaceutical or medicinal informal sectors. The case of herbal medicines traced to indigenous peoples” history and culture, as shown below, reveals different insights. South African and Ghanaian Traditional Medicinal Practitioners Two recent South African studies have assessed innovation and appropriation in traditional medicine practiced by indigenous and local communities (ILCs). One was conducted as part of the WIPO project leading to this book (Chapter 4), the other was part of the same Open AIR project that supported Kawooya’s work discussed above. Studying traditional healers in Mpumalanga and Limpopo provinces in northeastern South Africa, Cocchiaro et al. (2014) examined the role various formal and informal appropriation strategies might play in protecting a “traditional knowledge commons” for these healers. First, it was found that while existing forms of governing TK are very different from written Western IP laws, they are nonetheless formal. Traditional medicinal knowledge is governed by customary rules around access, exploitation, stewardship and control. The commons of the Kukula Healers, for instance, is based on a system of pooling and sharing elements of their bio-cultural knowledge and customary laws. It attempts to balance competing interests: disclosure versus secrecy, individual a p p r o p r i a t i o n an d i n t el l e c tu a l pr o p er ty 253 knowledge versus common knowledge. Formal knowledge-sharing arrangements are relatively new to the healers, but are nevertheless grounded in traditional practices. Despite their agreements based on traditional values, the Kukula Healers’ knowledge commons does not rely upon formal appropriation mechanisms via IP rights. In particular, the significance of customary laws distinguishes these formal systems of appropriation from the much more informal norms of trust and honor that guide knowledge exchanges among the metalworkers, automotive artisans and personal care product manufacturers described in the case studies above. Unlike those other contexts, the “rules” that govern the stewardship of and access to knowledge are formalized, albeit by local social and cultural norms instead of Western legal concepts. At the same time, like the other cases mentioned above, “trust” is also seen as an effective means of achieving the communities’ collective objective to facilitate sharing among group insiders, but excluding outsiders. Similar findings were made in a recent study of a “traditional knowledge commons” among Maasai and Kiji Kenda communities in Kenya (Ouma 2014), which suggests that patterns may exist within “informal” innovation practices across various geographically dispersed and ethnically distinct communities. Second, one distinguishing feature of the Kukula’s appropriation strategies is that they are deployed not merely for purposes of commercialization but also as a defensive mechanism against misappropriation, especially “biopiracy,” that violates community norms. The study by Essegbey and his fellow researchers covered in Chapter 6 highlights the role of innovation when studying traditional medicinal practitioners in Ghana to analyze how IP rights might impact medicinal innovation. First, and consistent with other studies of the informal sector, secrecy was identified as the most common appropriation mechanism used by Ghanaian traditional medicinal practitioners. This point requires explanation, however. The norms that govern the protection and/or sharing of “secrets” regarding TK may be different from the norms that apply in other circumstances of informal sector innovation, because the kind of knowledge and innovation at issue is fundamentally distinct. In determining precisely how the benefits of innovation are appropriated, the nature of the innovation matters greatly. The way in which informal sector actors may appropriate metalworking techniques or cosmetics recipes is much different from the way that traditional medicinal knowledge of special cultural or spiritual significance is appropriated. 254 j e r emy de beer an d sach a wu nsc h- vinc ent Still, like other informal sector innovations, local informal businesses dealing with traditional medicines are not making use of formal IP mechanisms; awareness of options for protection is low. For instance, while interviewees from the informal sector identified trademarks as the kind of protection likely to be most relevant, little or next to no trademark registration is actually taking place. The cost of obtaining such protection in Ghana, including not only filing charges but also legal fees, was cited as an obstacle to the uptake of formal IP. Some trademarks were filed by those whose products end up in pharmacies and shops; brands are created and sustained at larger scale while traditional medical practitioners (TMPs) register their business and establish marketing networks. Second, the study questioned how far exclusive rights as embodied in IP are suitable to the existing innovation ecosystem. Innovators and operators in the informal sector expressed an interest in “gains accruing to the larger collective” rather than the individual alone. The community should “have access to the knowledge embodied in the innovation,” in the view of some of the survey respondents. Summary of the Case Studies and Arguments Despite the theoretical work and review of the limited literature above, one can only speculate about the empirical impacts of current approaches to appropriation in the informal economy. In this regard, two questions are crucial: (i) to what extent do these appropriation schemes foster or impede innovation and the diffusion of knowledge? (ii) to what extent does the absence of appropriation help or harm the scalability, diffusion and impact of innovation? On the one hand, it could be argued that the absence of formal appropriation and working in clusters constitute strengths of the informal economy’s innovation system. On this view, the innovation system in the informal economy largely rests on “collective learning experiences” based on low entry barriers and free flows of knowledge (McCormick 1998). Individual firms or economic units are not the key determinants of innovation and efficiency. Rather, the dynamics among similar enterprises in collective geospatial clusters determine the rate of innovation, economic success and the value of the cluster (McCormick 1998). Appropriation efforts must also be considered in light of the social systems – specifically family structures, community networks and commercial clusters – within which the informal economy operates. a p p r o p r i a t i o n an d i n t el l e c tu a l pr o p er ty 255 Knowledge flows are characterized by trust, reputation, reliability, social and cultural signaling, and the willingness to pool resources and collaborate. This facilitates access to information, and critically reduces transaction costs (Portes and Sensenbrenner 2009; Nordman and Coulibaly 2011). The technological knowledge involved in manufacturing, as described by the case studies is largely tacit, or “non-codified.” Therefore knowledge dissemination is largely based on mentorship and personal interactions. In this context of informality, the formal appropriation of ideas can be considered alien. On the other hand, and in contradiction to the above view, it has been argued that the presence of perpetual copying and absence of appropriation mechanisms is seen as a barrier to scaling up innovative activity in the informal economy (Daniels 2010). Entrepreneurs are arguably unable to develop their businesses beyond a certain stage as they lack exclusive rights to or control over their innovations. Therefore, they may have fewer incentives to invest in machines or human capital, for example, training new apprentices, and are unable to reach certain economies of scale. Firms may also forgo the possibility of specializing in different styles and techniques, or of innovating beyond incremental improvements or adaptations in processes, as copying is the norm. The absence of branding or certificates/labels, leading to anonymity of the sector’s products in the eyes of consumers, has also been said to prevent producers of goodquality products from being rewarded (Kabecha 1997). However, according to the South African case study covering personal care products, branding is broadly used amongst informal entrepreneurs, who pay special attention to building their brand reputation, but without necessarily filing for a formal trademark. One factor that may be responsible for the prevalence of imitation rather than invention in the informal economy is the difficulty of appropriating benefits through formal or informal protection mechanisms. The ease of copying and the lack of appropriation methods may create a situation in which individual entrepreneurs cannot grow by inventing novel processes or products. From a consumer’s perspective, in the absence of trademark protection, it may be more difficult to differentiate good-quality products from bad-quality products. New products or processes introduced by innovating entrepreneurs are successful until competition by copying adversely affects their revenue. As found in Chapter 4 on Kenya, in this particular metal manufacturing cluster, inventors may have two weeks to appropriate the benefits of their new 256 j e r e my de beer an d sach a wu nsc h- vinc ent product before somebody else copies it. Once copied, the diffusion is very rapid so that in a matter of months many are producing similar products. Lower prices of imitative products by copying competitors are also reported to have eventually driven the original inventor out of the market. In Chapter 3, Bull and his co-authors (p. 125), note that “[t]he association actively encourages information sharing by holding meetings, and intervenes when an inventor tries to work in secrecy.” Due to this systematic effect, only small incremental improvements in processes and some incremental improvements or adaptation of products are likely to be achieved (Daniels 2010). Economic growth and productivity gains – as understood by economists – in the informal sector are thus inherently limited in scope. Furthermore, firms that operate in the informal sector might then also have a negative influence on the formal sector. Informal firms that fail to comply with various economic regulations or to meet their tax obligations are able to expand and take market share away from formal firms, even when they are less efficient overall (OECD 2009). At worst, economists are concerned that informal firms may also undermine the incentives of formal sector firms to innovate, adopt new technologies, develop their IP rights or develop brands (OECD 2009). Conclusions in this regard would require a better understanding of the complex relationship between formal and informal business in particular sub-sectors. In sum, the current empirical evidence is not systematic enough to favor one view over another, which could then be generalized to the broad spectrum covered by the informal sector. For a start, and in the absence of a clear counterfactual argument, it is difficult to rigorously determine the level and type of innovation that would have occurred in a different setting. The problem starts with the fact that innovation remains difficult to measure, even in the formal sector. Appropriately identifying and measuring innovation in the informal sector is only a fairly recent academic preoccupation. Moreover, the heterogeneity of sectors and the informal economy’s innovation and learning systems will certainly influence the overall outcome. That is why country sector studies, including those presented above, are a useful research tool to shed light on the phenomenon of appropriation in the informal sector. On this basis more precise and contextspecific recommendations can be made on the use and usefulness of formal to less formal appropriation mechanisms. a p p r o p r i a ti o n an d i n t el l e c tu a l pr o p e r t y 257 Practical Challenges in the Use of Formal IP It is important to consider whether there are specific conditions relating to informal economy actors that complicate the use of the IP system. Do the lack of formalization and the absence of an established legal applicant identity act as barriers? Are informal economy actors also sometimes excluded from legal protection through their inability to write to or interact with official, formal institutions? Are established IP institutions unreceptive to inventions from the informal economy? Authors of country studies studied the challenges in the formal use of IP by the informal sector and identified the following obstacles for informal firms in acquiring IP protection: • Existing formal IP schemes such as patents may not be relevant to informal economy actors. • Innovations may not meet the threshold requirements for formal IP registration. • Firms may not be aware of the formal IP system, or cultural/social barriers may prevent them from using it. • They may face financial, educational and other access barriers. • Formal requirements may be insurmountable, in particular as registration requires that firms have a legal identity, thereby excluding informal firms from the IP system. • Established IP institutions may not be receptive to inventions from the informal economy. Two major themes permeate these above points: (i) is IP needed and suitable in the informal economy context? (ii) What obstacles (if any) do informal sector actors face in accessing the IP system? We will consider these in more detail. Needs Assessment and Suitability The biggest question seems to be whether the IP system is at all relevant to the informal sector. Certain forms of formal IP protection require a degree of invention that might not be easily met by actors in the informal economy (WIPO 2008, p. 20). This is particularly so in the case of the requirements of novelty and “inventive step” or nonobviousness for patent protection. For utility models, industrial designs, trademarks and copyright, formal protection requirements are less 258 j e r e my de beer an d sach a wu nsc h- vinc ent onerous. Nonetheless, ideas typically need to be new and different from those already on the market. On this first point, however, experience shows that the threshold for accessing formal IP protection is not as high as one might think, especially given the wide range of options available. First, the Honey Bee Network in India described in Box 6.1 proves that certain inventions in the informal economy can be awarded patents at home and abroad. But clearly IP rights such as patents are likely to be most important in a scenario where complementary formal research and development processes take place in universities and high-technology hubs, or when innovation efforts in informal clusters are pooled with the help of intermediary organizations or through contact with the formal sector. The studies in Kenya, Ghana and South Africa indicate that formal modes of knowledge appropriation, such as patents, are sought by some informal actors, though very few. Moreover, about a third of respondents in the South African case study indicated that they were interested in making use of formal IP mechanisms. Second, if one takes into account forms of IP other than patents, such as utility models, geographic origin or certification schemes, industrial designs, trademarks, copyright and plant varieties, certain forms of protection might well be suitable for informal sector innovations. Compared to patents, some of the latter are cheaper and more accessible forms of protection. Still, given the diversity of the informal sector, the suitability of formal IP rights can only be established through case-by-case analysis. Much depends also on the extent to which the rule of law is stable and enforceable in the context being considered. The effectiveness of formal IP rights is inevitably tied to the strength of governance systems more generally. Therefore, various different schemes, from the formal IP rights mentioned just now to semi/informal protections for trade secrets to traditional knowledge benefit-sharing schemes, each have strengths and weaknesses in different contexts. Starting from the assumption that existing formal IP does not work for the informal sector, some commentators have proposed to develop new forms for formal IP better suited to the informal sector (Basheer 2008; Gupta 2012). The common threads among these suggestions are: lower costs for acquiring and enforcing rights; limited or no registration requirements; weaker rights with a more limited duration of protection; and reduced barriers to licensing or to the use of the protected idea by a p p r o pr i at i o n an d i n t el l ect ua l p roperty 259 other entrepreneurs. In particular, a utility model-type system with a lower registration threshold, a correspondingly weaker set of rights and lower costs is being promoted in this context (Basheer 2008). Other proposals go further in considering possibilities for others to reuse a protected idea in a simple and cost-efficient way. Specifically, Basheer (2010) has suggested the creation of an easy-to-use and affordable registration system, wherein the only criterion for registration is that the applicant must disclose a useful “new technical advance.” Protection would be afforded for a limited duration, for example, five years, and one difference from the standard utility model scheme is that these inventions would be subject to compulsory licenses. In other words, the invention could be used by any third party that wishes to make a product based on this right in exchange for royalties. These proposals should be studied in detail to consider their merits and define the shape they might take. A new legal, formal appropriation mechanism would need to bear significant advantages over what already exists. Again, the effects of using formal versus more informal appropriation systems need to be carefully assessed on a case-by-case basis. In some instances, and as in the formal sector, use of informal mechanisms may be preferable. Indeed, the South African case study in Chapter 4 highlights several benefits of a scenario where informal appropriation mechanisms are promoted over formal mechanisms. In the short to medium term at least, the benefits of encouraging informality might include more stable employment relationships that are carefully cultivated in order to prevent knowledge leakages, innovation manifested in new modes of customer support and product differentiation, broader diversification of home and personal care products, and improved social networks in informal settlements (Kraemer-Mbula and Tau 2014, p. 53). Whether these perceived advantages would be called into question by more formal IP protection is largely an empirical question, however. Establishing the correct counterfactual – knowing what would have happened with more or less formal IP use – is challenging in any respect. Moreover, it is impossible to predict with certainty what the future will be. Different appropriation strategies and different kinds of IP rights may be more or less relevant in different scenarios for the future (Elahi and de Beer 2013). At this stage, it is prudent not to overplay or downplay the notion of formal IP protection while pretending that this assessment is valid for all informal sectors, clusters and niches alike. 260 j er e m y d e b e er a n d s a c ha wun s c h -vi nc e n t Another challenge is the fact that the existing IP system often obliges the applicant to establish the name of a single inventor or applicant in order to grant exclusive protection. Yet ideas in the informal economy may grow more organically or, as in the case of herbal medicines, in larger groups or communities, and over decades or centuries. In these cases, assigning ownership of ideas to individuals or specific entities is particularly difficult. Protecting the knowledge created by indigenous peoples and traditional communities which may not be novel, and most of which is collectively held by a group of persons, brings additional challenges. One pragmatic way to help micro-entrepreneurs manage IP issues and select the appropriation scheme best suited to their objectives is via intermediary organizations (see Chapter 3 in this volume). Studies such as Kawooya’s (2014) research on Ugandan automotive artisans suggest that intermediary organizations are effective in furthering meaningful formal–informal sector interactions, and to potentially help in managing associated IP rights. The authors of Chapter 5 also mention a possible role for business incubators in this context. There are two key benefits of a collective approach also highlighted in the Kenyan study. As Bull and his co-authors conclude in Chapter 3 (p. 132): “A cluster-wide appropriation mechanism would distribute the cost over all the members and thus not be an excessive burden on individuals. It would support and build collaboration within the cluster and would not disrupt the social fabric.” The idea that collectives, community groups, industry associations, trade unions, or other formal or informal groups of individuals can help to harness the potential of IP rights is also consistent with the core findings of the Open AIR network (de Beer et al. 2014, p. 386). Hurdles in Accessing the IP System: Awareness and Costs The suitability of any particular appropriation scheme is closely tied to the issue of awareness and how to overcome existing obstacles such as administrative complexities and costs. An important policy challenge will be to make informal economy actors aware of the possibilities that formal IP rights might offer. Raising awareness of IP and promoting low-cost mechanisms was mentioned to a greater or lesser extent by every case study author. This will require raising awareness of the uses of IP and its potential costs and benefits. a p p ro p r i a ti o n an d i n t el l e c tu a l pr o p er t y 261 Research has also identified cultural and social barriers to potential IP uptake in the informal economy. Whether these barriers are insurmountable should be a matter for further case-by-case study. In addition, informal economy actors might need to overcome a number of practical hurdles in order to access the IP system, notably a lack of time to devote to IP matters, the need to acquire the necessary skills and limited financial resources. Costs are significant, particularly when it comes to patenting and legal fees (Basheer 2010). Formal registration requirements could prove to be an insurmountable obstacle to informal economy actors, for reasons relating to distance (because travel may be required to reach the IP office and informal economy actors may not have access to IP systems online), time or skills. From a policy perspective, it seems important to ensure that IP registration systems are accessible in terms of time, expertise and financial costs. But raising awareness about IP, facilitating registration and lowering the associated costs are all unlikely to bear fruit in themselves. In practice, broader innovation and IP policies will provide various forms of advice and support to informal sector innovators (see Chapter 7). Experience and more detailed work by innovation scholars over the last decade have shown that treating or fostering IP in a disconnected fashion from other economic and innovation policies rarely yields the desired benefits. The experience of the Indian Honey Bee Network has also shown that an institution needs to vigorously work at identifying innovations in the informal sector in the first place. As Gupta (2012) puts it, “the scouting is far more important than just waiting for the innovators to turn up at your door.” A proactive approach is required to spot and nurture innovations in the informal sector. This involves providing advice and market research, creating the right linkages between different actors such as scientific institutions or business partners, facilitating access to finance and other assistance. When it comes to formal IP itself, more is needed than just creating awareness. When potentially protectable innovations or brands have been identified, technical assistance is required to assess which form of IP protection is accessible and promising, and thus whether criteria such as “novelty” are met. A reality check concerning the patentability of an invention includes prior art searchers requiring special patent databases and technical know-how which the applicant is unlikely to have themselves. This dimension and potential added cost of making formal appropriation means work must be factored in when trying to foster the use and 262 j e r e my de beer an d sacha w u ns c h- vinc ent assess the impact of formal IP. And indeed these findings are not applicable to the informal sector only; experience in developed and developing countries alike suggests that these are issues faced by many businesses and policymakers concerned with the formal sector too. Finally, the costs of obtaining formal IP protection are not the only kinds of costs to consider for effective policymaking. Acquiring formal rights through application or registration processes is one small part of an appropriation strategy. These rights must also be enforceable. Any business will consider how well its rights will be enforced in the marketplace, given the particular context of the low- or middle-income country in question. As the case studies show, some informal businesses conclude that registration is pointless if rights cannot be enforced. But ensuring enforceable IP rights involves considerable cost not only to the rights owner but also to the public, for everything from customs and border services to investigation and policing personnel to courts and other adjudicative processes. Conclusions A clear gap exists in our understanding of innovation appropriation mechanisms in the informal economy which this chapter aims to help fill. In sum, this research shows that the question is not whether appropriation methods are relevant in the informal economy, but rather which mechanisms (formal and/or informal) may be more appropriate or promising in the specific case and sector under consideration. The kinds of appropriation forms that matter are not merely formally registered patents, trademarks or copyrights. IP protection can take many other forms, some of which are structured as legally enforceable property rights, others of which provide effective de facto protection. Indeed, and perhaps not surprisingly, our synthesis of existing research suggests that the majority of innovation appropriation mechanisms in the informal economy are informal in nature, with lead time, sales or service efforts, customer loyalty and after-sales efforts being the most important. Studies emphasize that few informal sector actors are trying to appropriate their innovation via semi-formal mechanisms, except for secrecy. The current use of formal IP is low to non-existent, raising important issues about the understanding and awareness that informal actors have regarding the wide spectrum of mechanisms of knowledge appropriation available to them. a p p r o pr i at i o n an d i n t el l ect u al p roperty 263 As regards the effects of above conditions, on the one hand one might see the absence of formal appropriation and work in clusters as strengths of the informal economy’s innovation system. On this view, the innovation system in the informal economy largely rests on “collective learning experiences” based on low entry barriers and free flows of knowledge. Appropriation efforts must also be considered in light of the social systems, with knowledge flows characterized by trust, reputation, reliability, social and cultural signaling, and the willingness to collaborate. This facilitates access to information, and reduces transaction costs. On the other hand, the presence of perpetual copying and absence of appropriation mechanisms are a barrier to scaling up innovative activity in the informal economy. Entrepreneurs are unable to grow their business beyond a certain scale, as they lack control over their innovations. When trademarks, brands or certificates and labels are inaccessible, this might lower the average quality of goods and services produced, although other forms of reputation and trust mechanisms may well be in place. The latter view needs to be put into its proper context. IP is rarely either the sole driver of or obstacle to innovation, be it in the formal or the informal sector. Indeed, the inability to expand an informal business operation will be rooted in multiple constraints that small informal enterprises face: lack of premises, finance, access to technology, isolation from key organizations in the broader innovation system, and others. As far as possible, in developing innovation and IP policies for the informal sector one should carefully consider the systemic effect they might have on the ecosystem of existing informal clusters. Which new policy forms will positively influence the rate and return of innovation? What consequences might more formal IP protection have in terms of distribution? As noted by Essegbey et al. (2014, p. 46), “[i]t is not simply about the gains accruing to the individual producing the innovation. It is also about the gains accruing to the larger collective where others may be able to have access to the knowledge embodied in the innovation.” Similarly, in Chapter 4 Kraemer-Mbula (p. 181) cautions that in a scenario where policymakers do more to promote formal IP rights in the informal sector, “[t]he broader economic and social impacts of this strategy would need deeper analysis, as it might leave behind the most marginalized microentrepreneurs that remained unable to access information.” Current evidence from research is not clear enough to favor one view over another. In principle, and in the absence of a counterfactual, it is also difficult to speculate or rigorously determine the level and type of innovation that would have occurred in a different setting. Country studies 264 jeremy de beer a nd sac ha wuns ch-v incent which are detailed enough to pick up the sectoral and cultural specificities are the right research tool. 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WIPO 2012a. “Glossary of key terms related to intellectual property and genetic resources, traditional knowledge and traditional cultural expressions,” document prepared by the Secretariat for the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore: Twenty-Third Session, WIPO/GRTKF/IC/23/ INF/8. Geneva, WIPO. WIPO 2012b. “Traditional knowledge and intellectual property,” Background Brief No. 1. Geneva, WIPO. WIPO 2013. Customary Law, Traditional Knowledge and Intellectual Property: An Outline of the Issues. Geneva, WIPO. 268 j e r e my de beer and sacha w u ns c h- vinc ent COMMENT 6.1 emmanuel sackey African Regional Intellectual Property Organization (ARIPO) The informal sector in Africa covers all small-scale businesses and productive activities of entrepreneurs who are often not registered as companies and generally use basic levels of technology to produce simple consumer commodities. This sector is often referred to as the engine of industrialization in Africa due to its sheer size: more than half the African population have developed such businesses as a matter of survival or as a source of community cohesion. Most actors in the informal economy do not comply with standard business practices, taxation requirements and business reporting requirements, but are otherwise not engaged in overtly criminal activities. In some instances, small- and medium-scale businesses in Africa are not distinct from those in the informal economy. Interested parties have tried to find ways of improving the activities of the sector, to enable actors in the informal economy to leverage their innovations and enhance their business operations. However, as emphasized in Chapters 2–6 of this book, the informal sector is extremely heterogeneous, and actors’ ability to develop new and innovative products, processes and services varies significantly depending on the size, focus, resources and the business environment in which they operate. Based on this starting point, the evidence presented in Chapter 6 and in the country studies included in this book suggests that innovation is occurring in the informal economy but that actors in the sector face difficulties in appropriating returns for their innovations using the formal IP system. Indeed, the authors of this chapter emphasize that the vast majority of entrepreneurs in the informal economy do not attach much significance to IP and its uptake is low. In the face of low awareness and use, prohibitive cost and cumbersome administration through national IP offices in Africa, actors in the informal economy have no option but to use less costly mechanisms such as secrecy and lead time, in most cases coupled with marketing strategies and access to distribution channels to promote and protect their businesses and innovations. This finding is pertinent and corroborated by other relevant studies of SMEs in Africa, some of which operate in the formal and some in the informal sector. For instance, Ojode (2011) found that 87 percent of informal entrepreneurs in Kenya did not attach much significance to IP and that co mmen t 6. 1 e mman uel sac key 269 awareness of IP was low among them. Furthermore, only 17 percent of the entrepreneurs in the informal economy have been able to somehow leverage their IP assets to attain some competitive edge. A few honest respondents (3 percent) admitted to violating other people’s IP in the course of their business – hence the worry that effective IP enforcement could actually threaten their business survival. This circumstance – where existing businesses potentially violate others’ IP rights – requires further quantification and research. Tita (2009) studied the management of IP for SMEs in the six countries representing the Central African Economic and Monetary Union (CEMAC) who are members of the African Intellectual Property Organization (OAPI).5 The study focused on the manufacturing, services, handicraft, traditional medicine and beverage and transport sectors within the informal economy. About 36 percent of respondents were familiar with the IP system but had not used it to protect their innovations while the rest did not consider the IP system to be an appropriation mechanism. Respondents identified resource constraints and lack of capacity as major drawbacks and said they were start-up entrepreneurs and had used funds from their personal savings or obtained loans from family members and friends to establish their businesses. They were mainly interested in fast returns to repay their loans and therefore considered the formal IP system as an additional cost with no immediate return. Research carried out in Rwanda showed that of the total of sixty-six surveyed SMEs, fifty-six firms indicated that lack of IP awareness constituted the most serious barrier to the use of the IP system (Kwizera 2010). Out of 114 patents granted by the office of the Registrar General of Rwanda, only two were filed by nationals. The study also highlighted the fact that most SMEs believe that the formal IP system only benefits large, wealthy companies and expressed the fear that even if they sought protection of IP rights, this would not prevent large companies with more resources from infringing their rights. A few other studies highlight a positive trend: among informal economy actors, the share of young, educated people with knowledge of the IP system is increasing, although IP use remains low. 5 These countries and their populations are Cameroon (19.5 million), Chad (11.2 million), Congo (3.7 million), Equatorial Guinea (676,000), Central Africa Republic (4.4 million) and Gabon (1.5 million). 270 j e r emy de beer and sacha w u ns c h- vinc ent In her study of the patent system in Tanzania, Mulonge (2010) found that nearly 70 percent of SMEs in Tanzania are owned by entrepreneurs who are forty years old at most and have been in business for less than twenty years. Two-thirds of respondents had completed Polytechnic or University. Awareness of the IP system was greater among this group than among older, less educated respondents. Yet despite this progress, only 8 percent of the actors in the informal economy have used patent information in their innovation activities. Another study conducted by Nweke (2011) shed light on the dynamics of the informal economy in Nigeria. The research examined the integration of IP tools into the business strategies of SMEs in Abuja. Most entrepreneurs in the informal economy were in one of two age brackets, 21–30 or 30–50, and a significant number had high educational attainment such as a university degree. Within this cohort, of the 56 percent who were aware of the IP system but had not acquired IP rights, only 17 percent indicated that they became aware of IP from the national IP office. Many respondents could not distinguish between business registration and trademarks, which were identified as the most familiar IP tool. Strictly speaking, the research design of the above studies does not permit us to distinguish easily between IP awareness and IP use of formal SMEs and that of small entities operating in the informal sector. There may be significant differences between the two, and policy and other approaches to overcome IP-related barriers might usefully differ depending on whether they address small economic agents in the formal sector or those operating in the informal sector. At the moment, however, apart from the research presented in this book there are few empirical studies of attitudes toward and uptake of IP in the informal sector only. Nonetheless, and reinforced by experience, these findings point to the fact that small business units in Africa face difficulties in appropriating returns for their innovations using the formal IP system.6 Change may be on the horizon on this point, though, in part thanks to rising education levels. As has been observed in the studies conducted for this book and in the aforementioned research, the growing number of young, literate entrepreneurs in Africa today might allow a paradigm 6 See also Samad (2007), Decker, Schiefer and Bulander (2006) and Wafa, Noordin and Kim-Man (2005). co mment 6.1 e mmanuel sackey 271 shift in how innovation is appropriated in Africa in the future. Notably, new entrants into the informal economy have more capacity to use the formal IP system and to develop cutting-edge technologies. These same actors are beginning to appreciate the value of IP to protect their innovations and grow their businesses. In this respect, it will be essential for African governments to develop policies and strategies to promote and protect innovations emanating from the informal economy as a spur to economic development. It would therefore be useful to know how the IP system can best be used to support the innovations of the informal economy in Africa, possibly in combination with traditional appropriation mechanisms. Making progress on this front will require policymakers to overcome a number of challenges facing the informal sector in Africa in the appropriation of the formal IP system, as follows. Lack of IP appreciation and awareness. Among the reasons identified for the low level of IP use are lack of awareness of the IP system, a lack of identified IP experts capable of drafting specifications for patents and the cost of IP protection. Owing to a lack of resources or expertise, actors in the informal economy do not have the capacity to commercialize new products; they do not know where to turn to for help or strategic advice on how best to manage their IP. Cultural attitudes relating to African social ideals, beliefs and inherited business practices are also a challenge to be overcome before any meaningful appreciation of the IP system may be expected within the sector. For a large number of entrepreneurs, peer recognition seems to suffice; whenever they innovate and develop IP that could provide a market advantage, that information is often freely shared by the innovator to achieve “bragging rights.” Some actors who already owned various forms of IP reported their inability to exploit or even license out some of the IP as frustrating experiences. No infrastructure exists for fostering positive networking between generators/owners of IP and potential users. Relevance, accessibility and supportiveness of IP offices. With respect to IP professionals and consultants, the informal sector seems convinced that the services offered are irrelevant, inaccessible and expensive. The entrepreneurs also seem to expect several government agencies involved in policy formulation, training, R&D, marketing and standardization to play a more supportive role in enabling the sector’s market 272 j e r emy de beer an d sach a wu nsc h- vinc ent participation. An attitude exists among the actors that the government owes them more than could be realistic in terms of infrastructure and support services. This argument is difficult to reconcile with the reality that the vast majority of these entrepreneurs do not actually pay any taxes. Still, it is apparent that the IP services offered by IP offices to the informal economy could be relevant but are hardly affordable or supportive. Cost of IP protection. Kwizera (2010) argues that the cost of IP protection hampers the use of the system by SMEs or the informal sector. These include the registration cost, renewal cost, cost for the enforcement of IP rights and cost for the drafting of patent specifications. It was observed that the perception of cost of IP protection differs among SMEs: while it was appreciated by some as a necessary cost of business, others felt that prohibitive cost might compel them to seek other appropriation mechanisms to protect their innovations. The cost of IP protection is also exacerbated by liquidity constraints when it comes to enforcement of IP rights. Lack of qualified personnel in patent drafting. Studies have shown that there is a lack of qualified personnel in patent drafting and in filing for other IP rights. In the study by Kwizera (2010), Rwandan SMEs indicated that the patent system was complex for them and they did not have any IP experts to draft their specifications. It was also highlighted that many businesses in the informal sector seek advice on business issues from accountants who are not familiar with the formal IP system. Overlong pending period in the registration process. Some of the above-mentioned studies identify inefficient administration of the national IP office as another barrier to use of the IP system. This is attributed to limited staff and manual processing of applications. In 2014, ARIPO conducted technical missions to five of its Member States and found that the staff strength of the IP offices was as follows: Swaziland had eight staff members, Mozambique had forty, Liberia had eleven, Sierra Leone had fifteen and Gambia had ten. This level of capacity was found to be inadequate to address the needs of users of the IP system and drive national IP policies including raising awareness of the utility of the IP system. comment 6.1 emmanuel sackey 273 A more proactive, understanding and effective IP office – as regards the informal economy in particular – is required. To expand on the discussion of the appropriation mechanisms used by indigenous and local communities (ILCs), many ILC actors in Africa operate in the informal economy, particularly in traditional medicine, manufacturing, ecological management, handicrafts, textiles and the creative industries. There is a general belief that ILCs’ close association with the environment in the performance of their daily duties and contact with cosmology over many centuries have given them a deep understanding of the inter-relationships among different elements of their habitats and economic activities. The knowledge gained by ILCs acquired several functions including communication, codes of conduct, arrangement of life events, and forms of utility and contingencies for survival and community cohesion, factors that underpin the operations of actors in the informal economy (Sackey and Kasilo 2010). Traditional knowledge (TK) is therefore seen as the bedrock on which the African informal economy has been built to ensure economic sustainability, selfreliance and cost-effectiveness of the actors. The survival of the informal economy in Africa is testament to the resilience and growth of African traditional knowledge (Sackey and Mutasa 2014). With the vast knowledge existing within these African communities, different appropriation mechanisms for indigenous knowledge systems have been developed depending on the type of knowledge in question. Most of the TK is collectively owned rather than being confined to individual ownership. Importantly, holders of indigenous knowledge make use of both informal traditional appropriation mechanisms and the formal IP system. Correa (2001) alludes to various forms of ownership. TK can be produced by individuals without any interface with the community or outsiders. This could be regarded as individual knowledge. He points out that this is especially the case when a healer uses rituals as part of their healing methods, thus claiming monopoly of the knowledge. In this instance, secrecy is used as the appropriation mechanism for the protection of the knowledge. In some instances, possession by individuals does not imply that the knowledge is perceived by communities as belonging to them. Those individuals with such special knowledge do not own it as such, but may be bound by obligations to share the knowledge within the community. Such individuals act as stewards within their communities. Though the knowledge can be confined to one or a few individuals, it is 274 j e r emy de beer an d sach a wu nsc h- vinc ent usually transferred as a gift to the next generation in the form of election of suitable individuals. Although there is a tendency to argue that communities and peoples are characterized by a strong sharing ethos with respect to biological resources and biodiversity knowledge, this does not mean that everything is shared with everybody (Dutfield 2000). Sometimes, TK is possessed or owned by some but not all the members of the community. In Correa’s analysis, he identifies commons where certain knowledge may be available to all members of a group, and may be regarded as common knowledge, as is usually evidenced in home remedies (Correa 2001). The “traditional knowledge commons” established by the Kukula near Bushbuckridge, South Africa, is another excellent example of the practical tensions surrounding the selective appropriation of TK (Cocchiaro et al. 2014). Customary laws and protocols have also been used by communities as an appropriation mechanism, and these define the framework for the sustainable utilization and management of indigenous knowledge. Through customary laws, communities can maintain control over and exchange their knowledge and associated genetic resources. Indigenous communities in Africa have also been using formal appropriation mechanisms, protecting their knowledge using the conventional IP system. Trademarks, certification marks, patents, industrial design, geographical indications (GIs), plant variety protection and copyright have all been used to protect the TK of indigenous communities. In view of the fact that most of the knowledge is in oral form, the use of documentation has been considered as a complementary measure under the formal IP system. For traditional cultural expressions, the most relevant forms of protection are industrial design and copyright. Although indigenous people have been using the conventional IP system to protect their knowledge, it has many shortcomings. Under formal IP systems, the notion of ownership is based on private rights, yet most TK is collectively owned. Duration of protection is an even greater concern since TK is passed on from generation to generation. Eligibility issues have also been problematic since TK sometimes fails to meet specific criteria to qualify for protection. Furthermore, a lot of the TK within the communities is regarded as public domain knowledge – although this assertion is very much contested. Monetary gains have been the major incentive for using the formal system, but in the case of TK, some components such as the spiritual aspects may not be comment 6.1 emmanuel sackey 275 commoditized. Additionally, the traditional system is more holistic and so cannot be segregated into disciplines to merit effective protection under the conventional IP system. Studies have shown that the development of a sui generis system that fully embraces the holistic nature of TK while at the same time addressing all the right holders’ needs would be the most effective means of protecting that knowledge. This would enable actors in the informal economy and those that use their knowledge, products and services as frameworks for innovation and creativity to acknowledge and share benefits with the knowledge holders. Scenarios for the Future As the authors of this chapter note, most actors in the informal economy do not use the formal IP system to protect their innovation. The question whether this absence of formal appropriation harms the scalability, diffusion and impact of innovation in the informal economy needs further investigation. ARIPO has been conducting roving seminars in the Member States of the Organization; in 2014, seminars were carried out in Swaziland, Mozambique, Liberia, Sierra Leone and The Gambia. Each five-day seminar focused on how SMEs could make use of the formal IP system to enhance business competitiveness and protect their innovations. It was found out from the seminars that given the steady growth of youth populations, and the types of innovation that are seen in the informal economy, strategies should be developed by governments and national IP offices to create awareness about the usefulness of the IP system as a catalyst to promote wealth creation and nation building. This view has also been reported in several research studies. But it remains to be seen what modus operandi will trigger such realization and exploitation. In the same vein, IP policies and strategies now being developed by several countries in Africa aim to provide crystal-clear pathways by which conventional IP tools can be systematically utilized for economic development as well as guidelines on those countries’ growth, diversification, competitiveness of the production and distribution system, technology generation and acquisition, innovation and capacity building. Efforts have been made to include policies and strategies that focus specifically on the informal economy, to help informal sector actors leverage IP to enhance their business competitiveness – see the Ghana 276 j e r emy de beer an d sacha w u ns c h- vinc ent IP policy formulated in 2014, the Zambia IP policy formulated in 2010 and the draft Zimbabwe IP policy started in 2014. With respect to awareness creation, a recent campaign by the Mozambique IP office merits further attention. Within a couple of years the proportion of applications filed by informal economy actors increased from 5 percent to over 50 percent. This supports the view that efforts to create awareness of the benefits of the formal IP system may cause a significant shift from traditional appropriation mechanisms toward the formal IP system. ARIPO has also observed a three-fold increase in the level of utility model applications after emphasizing the importance of utility models during awareness-raising efforts. In the case of Ghana, it has been reported that more than 10,000 industrial designs have been registered in Ghana since 1994, and this has also been attributed to the government’s emphasis on the importance of the textile industry to the economy of Ghana. These positive results need to be validated. Further research is needed, particularly in Africa, to facilitate crosscountry comparisons, address the empirical gap and allow for more robust analysis of mechanisms to appropriate returns from innovative endeavors within the informal economy. This goal is to enable policymakers, entrepreneurs and start-up businesses to make better use of the formal IP system to enhance business competitiveness and growth for the social, cultural, economic and technological development of Africa. References Cocchiaro, G., Lorenzen, J., Maister, B. and Rutert, B. 2014. “Consideration of a legal ‘trust’ model for the Kukula healers’ TK commons in South Africa,” in De Beer et al. (eds.) Innovation and Intellectual Property: Collaborative Dynamics in Africa. Cape Town: UCT Press, pp. 151–71. Correa, C. 2001. Traditional Knowledge and Intellectual Property: Issues and Options Surrounding the Protection of Traditional Knowledge. Geneva, Quaker United Nations Office. Decker, M., Schiefer, G. and Bulander, R. 2006. “Specific challenges for small and medium-sized enterprises (SMEs) in m-business; a SME-suitable framework for mobile services,” in Proceedings of the International Conference on E-Business (ICE-B 2006). Setubal, Portugal, INSTICC Press, pp. 169–74. Dutfield, G. 2000. “The public and private domains: intellectual property rights in traditional knowledge,” Science Communication 21(3): 274–95. c o mmen t 6. 1 e mman uel sac key 277 Kwizera, S. 2010. “Factors Affecting the Use of Intellectual Property System by Small and Medium Enterprises (SMEs) in Rwanda.” Unpublished masters dissertation, Mutare, Zimbabwe, Africa University. Mulonge, M.N. 2010. “Patent Information as Catalyst for Growth and Development of SMEs: A Case Study in Tanzania.” Unpublished masters dissertation, Mutare, Zimbabwe, Africa University. Nweke, O.B.C 2011. “Integrating Intellectual Property Tools into Business Strategies of Small and Medium-Scale Enterprises in Abuja, Nigeria.” Unpublished masters dissertation, Mutare, Zimbabwe, Africa University. Ojode, C.O. 2011. “An Assessment of Intellectual Property Effectiveness in Enhancing Small and Medium-Sized Entrepreneurs’ (SMEs) Competitiveness.” Unpublished masters dissertation, Mutare, Zimbabwe, Africa University. Sackey, E.K.A. and Kasilo, O. 2010. “Intellectual property approaches to the protection of traditional knowledge in the African region,” African Health Monitor 13: 89–102. Sackey, E.K.A. and Mutasa, G. 2014. The Protection of Traditional Knowledge and Expressions of Folklore: the African Perspective. Unpublished book manuscript. Samad N.A. 2007. “Positioning Malaysian SMEs in the global market,” Proceedings of Persidangen Kabangsaan IKS 2007. Kofa Kinabalu, University of Malaysia. Tita, A.N. 2009. “Management of Intellectual Property for SMEs Development: Case Study of the Central African Economic and Monetary Union (CEMAC).” Unpublished masters dissertation, Mutare, Zimbabwe, Africa University. Wafa, S.A., Noordin, R. and Kim-Man, M. 2005. “Strategy and Performance of Small and Medium Enterprises in Malaysia,” Proceedings of the International Conference in Economic and Finance (ICEF), Labuan, University of Malaysia. 278 j e r emy de beer an d sach a wu nsc h- vinc ent COMMENT 6.2 dick kawooya University of South Carolina This chapter breaks new philosophical and conceptual grounds in the informal economy literature and discourse. Specifically, it helps clarify our understanding of the motivation for innovation in the informal economy, if IP and other appropriation mechanisms can be considered tools for facilitating or motivating innovators in the sector. The authors identify two key questions for assessing the impact of various appropriation methods: (1) To what extent do they foster innovation and the diffusion of knowledge? (2) To what extent does the absence of formal or informal appropriation harm the scalability, diffusion and impact of innovation? The chapter offers no definitive answer to either question, largely because the informal economy and the actors therein are not homogenous. Answers will vary depending on the size and scope of operation of the informal economy actor in question. Likewise, the sector an actor operates in will significantly impact on whether and how that actor would view IP. Finally, and probably most importantly, the relationship of actors in the informal economy with their peers in the formal sector will also affect their perception of IP. My comment here focuses on the value of such relationships in diffusing, utilizing and protecting mutually beneficial appropriation tools and mechanisms which, if applied properly, can help informal enterprises scale up. As discussed in the chapter, the tools and mechanisms for IP creation, protection and appropriation vary, ranging from “proprietary legal rights” to “design, production, or service delivery features that provide competitive advantage.” The authors of the chapter conclude: “Intellectual property protection can take many other forms, some of which are structured as legally enforceable property rights and others of which provide effective de facto protection. That such protections are not legally formalized, however, does not mean they are not important.” While enterprises operating in the informal economy continue to be resilient, the chapter provides strong evidence that the kind of IP tools used by most informal enterprises are also those least likely to sustain the enterprise or facilitate its scaling-up. On the other hand, the authors note co mment 6. 2 di ck kaw oo ya 279 that some kind of vertical integration is key to informal enterprises utilizing both formal and informal appropriation tools to scale up their activities. The resilience of the informal economy as a whole is highlighted, but the lack of sustainable and scalable informal enterprises leads one to ask how informal enterprises might be vertically integrated or linked with the formal sector as a means of ensuring sustainability. Of course, such integration ought to happen without necessarily losing the open and collaborative virtues that define these enterprises. Key to the notion of vertical integration between the formal and informal economies is the notion of intermediation, where an agency, individual or any kind of entity plays an intermediary role between the formal and informal sectors (Howells 2006). A power imbalance in vertical integration was recognized in my study in Uganda (Kawooya 2014), but partly alleviated by an intermediary acting as arbiter or “interpreter” of the relationship between formal and informal economy actors. This is just one of several reasons why intermediaries are important in interactions between formal and informal operators. Intermediation has been substantially studied and well understood in certain fields, probably in agriculture more than others. Intermediaries are usually illustrated through the agricultural extension services (AESs), which involve an agricultural extension officer (AEO) with formal specialized knowledge and training advising small or informal farmers and agriculturalists on the best or most recent trends or innovation in their areas of farming. The AEO’s role is to promote modern, improved, tested or innovative farming practices, often introducing the most recent research emanating from formal agricultural research institutions (Klerkx and Leeuwis 2009; Klerkx and Gildemacher 2012). Utilization and diffusion of new farming techniques are enhanced by the intermediaries – without them there would probably be little or no diffusion of new innovative techniques. The AEO can also facilitate horizontal integration by transferring best practices or innovative farming practices among small-scale or informal farmers in his or her catchment area who are not necessarily in direct communication. Vertical integration can happen with or without an intermediary. From the chapter case studies, it is evident that the latter is less likely because more often than not, informal enterprises or actors operate in different environments from their formal counterparts. Likewise, the language used by enterprises in each sector, be it technical or otherwise, will differ significantly, necessitating an intermediary who understands or operates in both worlds. Areas of overlap, where they exist, are likely to 280 jeremy de beer a nd sac ha wuns ch-v incent be mediated by an entity whose character and expertise allows forward and backward communication and interaction between formal and informal enterprises. The intermediary can be a distinct entity like the “Gatsby Garage” cited in Kawooya (2014). The Gatsby Garage’s tentacles spread between formal and informal enterprises or sectors. It was run by Makerere University’s College of Engineering, Design, Art and Technology (CEDAT) in the Ugandan capital city, Kampala, and served as an intermediary between CEDAT and informal artisans whose services and skills CEDAT needed in the fabrication of Kiira EV, a prototype electric car designed and developed in Uganda by engineering students and faculty at CEDAT’s Centre for Research in Transportation Technologies (CRTT). An alternative to intermediaries like Gatsby Garage can be the “clusters” of informal enterprises or sectors that facilitate the “cluster-wide appropriation mechanisms” identified in the chapter. While firmly situated in the informal economy, a cluster can function as an intermediary role, but only if it is well developed structurally and represents a relatively homogenous sub-sector. Such is the importance of intermediaries that the authors of Chapter 6 argue that it is “plausible to assume that the current use and enforcement of formal registered IP forms, be it patents, trademarks, industrial designs or others, is rare to non-existent among informal sector innovators who do not have the aid of intermediary organizations” (p. 240). The potential role that intermediaries play in the productive and innovative activities of informal enterprises, makes it an interesting topic to include in case studies. The lack of detailed treatment of this issue is not necessarily an omission on the part of chapter authors; rather, it is due to lack of empirical research and literature on the subject in areas of the informal economy other than agriculture. More scholarship and literature on intermediation in other sub-sectors of the informal economies will go a long way to enable scholars and policymakers to understand how those sectors can be vertically linked to take advantage of more robust and wellestablished appropriation tools that provide better protection for their innovation. When thinking about intermediation between formal and informal intermediaries, several key questions come to mind: (1) What characterizes an entity as a formal–informal economy intermediary, or what features or competences make an entity ideal for such an intermediary role? comment 6.2 dick kawooya 281 (2) Can the study of and experiences of intermediaries like the Gatsby Garage be instructive in how intermediation can be achieved in other areas of the informal economy, especially the kind of intermediation that fosters the utilization and protection of appropriation tools? Are intermediaries like the Gatsby Garage rare in the automotive and other sectors? Does the intermediary role of the Gatsby Garage actually facilitate the acquisition, utilization and protection of various appropriation tools developed as part of that vertical relationship? (3) What is the role of information and communication technologies (ICTs), if any, in the intermediation functions of intermediary entities? A study of cross-sector intermediaries could examine the feasibility and possible roles of different intermediaries as information- or knowledgebrokers bringing formal sector innovation to the informal sector. Specifically, studies could examine the feasibility of different professionals such as librarians, information resource personnel, lawyers, engineers and others acting as intermediaries to facilitate the discovery, interpretation and analysis of formal sector innovations, leading to vertical transfer, exchange or integration of innovation between the formal and informal sectors, and the role of ICTs in those processes. How can the professionals use ICTs to deepen the vertical integration, exchange or transfer of innovation between the formal and informal sectors using openly available and accessible digital information and innovations? And what policy interventions might be needed to facilitate or deepen ICT-enabled intermediation functions of different professionals? By examining appropriation mechanisms in both the formal and informal sectors, this chapter offers a solid basis for further examining issues of vertical integration between the two sectors. It provides a good starting point for understanding how intermediation can be the basis for fostering vertical integration and which appropriation tools will be most useful in facilitating the scaling-up of informal enterprises. References Howells, J. 2006. “Intermediation and the role of intermediaries in innovation,” Research Policy 35: 715–28. Kawooya, R. 2014. “Informal–formal sector interactions in automotive engineering, Kampala,” in de Beer, J., Armstrong, C., Oguamanam, C. and 282 j e r emy de beer an d sach a w u nsc h- vinc ent Schonwetter, T. (eds.) Innovation and Intellectual Property: Collaborative Dynamics in Africa. Cape Town, UCT Press, pp. 59–76. Klerkx, L. and Gildemacher, P. 2012. “The role of innovation brokers in agricultural innovation systems,” in World Bank Agricultural Innovation Systems: An Investment Sourcebook. Washington DC, World Bank, pp. 211–30. Klerkx, L. and Leeuwis, C. 2009. “The emergence and embedding of innovation brokers at different innovation system levels: insights from the Dutch agricultural sector,” Technological Forecasting and Social Change 76(6): 849–60. comment 6.3 shamnad basheer 283 COMMENT 6.3 shamnad basheer Nirma University and SpicyIP, India Mainstream innovation and IP debates have, for the most part, ignored what is commonly referred to as the “informal” economy. This book aims to redress this deficit. Chapter 6 discusses innovation incentives and knowledge appropriation/diffusion mechanisms for the informal economy. This short piece is intended as a comment on that chapter, and draws significantly from the key findings in Chapters 3–5 dealing with specific sector studies in Africa. The sheer diversity of the informal sector makes for a wide range of innovations. Illustratively, consider the following from India: (1) Agricultural innovations. Gobind Deb Nath’s multi-purpose rickshaw, where special wheels, attached to the rear axle of the rickshaw are multifunctional in that they serve as paddy huskers, grass cutters, and bamboo mat cutters (NIF 2007, p. 21). (2) Medicinal innovations. There are plenty of examples on this count, with innovation being carried on by traditional/alternative healers working as individuals or as collectives, including family members and indigenous communities.7 Illustratively, Gunaram Khanikar, a traditional healer of some repute, came up with a drug to cure oral cancer.8 (3) Mechanical and other innovations. Remya Jose, a twenty-year-old student from Kerala, created an exercycle-cum-washing-machine, which is essentially a cycle which when pedaled helps propel a wheelshaped washing machine (Halarnkar 2009). It is well-nigh impossible to traverse the entirety of innovative activity within the informal sector.9 Further, given that almost every country 7 8 9 See, for instance, the medicinal knowledge documented by the Indian Foundation for Revitalisation of Local Health Tradition, http://www.frlht.org/. He was congratulated by the Indian government for his innovative contributions to healthcare. Given his experience of sharing knowledge with third parties who went on to patent them without acknowledging him, he is now averse to sharing information on the herbal composition that he uses for his various cures. For more details, see http://nif.org.in /innovation/herbal_medicine_for_heart_palpitation-herbal__medicine__for__malaria/163. The NIF documents such innovations in the Indian context. See www.nif.org.in and Gupta (1997). 284 j e r e my de beer an d sacha wu ns c h- vinc ent (even the most developed ones) is prone to “informal” spaces, one might be hard-pressed to do a comprehensive cross-country audit. This sentiment may have prompted the editors of this book to limit their initial investigation to Africa, a continent known for its sizeable informal economy. In order to capture the sheer diversity of informal innovations, the sectoral focus ranges from chemicals to traditional medicine to metal manufacturing. My comment here cautions against the tendency to superimpose mainstream models of innovation incentives such as IP rights on the informal economy. If one thinks of formal innovation as a series of waves in a tumultuous sea, the “informal” sector may well be more like an “undercurrent” – often not seen, and flowing in a direction counter to the mainstream. Subsuming such an undercurrent within the mainstream innovation framework might do more harm than good for the informal economy and its innovative/creative potential. Further, the informal sector could well present an opportunity to engage in a creative exploration of newer models of incentivizing innovation. This sector has not yet been fossilized within a mainstream IP incentive framework, where the status quo is often more important than change. Indeed, it is deeply paradoxical that while IP regimes are meant to foster innovation, they themselves have largely been shielded from innovative experimentation (Basheer 2015). Informal Innovations and Incentives Unless one studies the nature of innovative activity in the informal sector, one cannot have a true sense of the role and nature of incentives and appropriation mechanisms. The African country studies in this book suggest that for the large part, most such innovations are “incremental” (see Chapter 2 and the country studies). They emanate from low-cost models and are driven more by a desire to survive and eke out an existence than any real impetus to invent, scale up and grow. One would therefore imagine a more reduced scope for incentives and appropriation mechanisms for such inventions (at least of the pecuniary type engendered by most mainstream IP regimes) than in the formal economy. It is therefore not surprising to learn from the African studies that the informal economies surveyed did not avail of formal IP protection in any significant manner. comment 6.3 shamnad basheer 285 A large number of interviewees who constituted the informal economy in South Africa (52 percent) opined that IP was not intrinsically suited to informal activities or inventions (Chapter 4). The Ghanaian study by Essegbey et al. bears out the same sentiment, noting that the nature of informal inventions in the Ghanaian herbal sector often did not match up to the high patent threshold (Chapter 5). It therefore suggests a sui generis regime of protection. Similarly, the Kenyan study in Chapter 3 also suggests the relative unimportance of formal IP appropriation mechanisms to many in the informal sector. However, it also points to exceptions in the form of individual micro-entrepreneurs whose businesses are built on the strength of new products and ideas and who endorse a stronger IP regime as the way forward. In this regard, it bears noting that the study documents three different kinds of innovative activity within the metal manufacturing segment, namely: (1) adapting existing products, most often seen in clusters producing commodity goods; (2) developing metal representations of iconic Kenyan images such as giraffes, elephants and Maasai tribesmen; and (3) isolated workers developing new and novel products. In keeping with these three broad heads of innovative activities/clusters, it notes the differing nature of appropriation mechanisms and their importance: (1) Those working in clusters producing commodity goods for lowincome consumers rely more on “trust,” their exclusive relationship with customers and sometimes even a “first to market” strategy. Their main competitive advantage comes from the fact that they can produce goods at prices cheaper than any imports. Therefore, for this group, import tariffs are more important than IP protection. However, the study also notes that this is not a static position and that, in the event of producers cultivating a middle/upper-income market for their products, the putative value of IP protection (mainly brand and design protection) would increase. (2) Those working in clusters making products for middle- and upperincome markets often resort to “trade secrecy” by keeping the production process hidden from outsiders and distributing the manufacture of components across several suppliers, so that only 286 j e r e my de beer and sacha w u ns c h- vinc ent the owner has access to all the components necessary to assemble a product. (3) Those working in an isolated ecosystem, as opposed to clusters, demonstrate the most interest in protecting their IP, and pursue formal registration of their trademarks and utility patents. While the African studies are right to suggest the relative lack of importance of well-known IP regimes such as patents, copyright, trademarks, designs and trade secrets in the informal innovation ecosystem, they pay less attention to the potential role of less well-known or well-used IP regimes that are likely to be of some relevance to the informal sector. These include GIs, plant variety protection, utility model protection, traditional knowledge protection and biodiversity protection. This may have had to do with the fact that some of the studies, particularly the Kenyan studies on metal manufacturing, may not have permitted an exploration of regimes such as plant varieties and biodiversity protection that are largely predicated on the appropriation of bioresources. The Ghanaian study advocates a sui generis regime to protect the traditional knowledge of informal medical practitioners, but does not elaborate further. Traditional knowledge is not an easy fit within the larger IP paradigm, and there is no international consensus on how best to protect it (Weeraworawit 2003).10 Unlike most IP regimes that are modeled around the idea of the individual inventor or creator (Lemley 2012), traditional knowledge is usually built around a community-based/collective knowledge system (WIPO 2001; Nijar 2013). Furthermore, while IP regimes insist on novelty for the most part, traditional knowledge (unless retained as a community secret) may already be known. What makes the issue of traditional knowledge even more challenging is the fact that there are several kinds of such “knowledge.” Broadly speaking, one might have knowledge that, though traceable to a certain country of origin, is now widely “open” and accessible to the public across borders. The use of turmeric for wound healing is a good example of this. Alternatively, it could be “closed” in the sense of being known only to 10 An intergovernmental committee was set up in the year 2000 under the auspices of WIPO for member states to evolve an international regime for the protection of traditional knowledge. A few countries such as Thailand, Brazil, China and the Philippines have instituted national legal regimes to protect traditional knowledge. However, there is no detailed assessment yet on how those regimes have worked and the extent to which they suit the requirements of the informal sector. c o mmen t 6. 3 sh amn ad basheer 287 certain select communities or families. It could also be knowledge linked to a genetic resource found within the territorial bounds of a certain country, knowledge known across several countries, or knowledge known only to members of a certain community. A nuanced appropriation/diffusion policy approach will need to account for these differences. A related concern is biopiracy and the pressing need to prevent the misappropriation of bio-resources and associated traditional knowledge through mainstream IP regimes (such as patents); a narrative that is particularly strong in countries comprising indigenous populations and traditional medicinal knowledge. Two high-profile cases from India are illustrative in this regard. The first relates to Neem, a plant traditionally known for its antibacterial properties and used as a fungicide. A multinational corporation’s attempt to patent this known use (a “method for controlling fungi on plants by the aid of a hydrophobic extracted neem oil”) in the United States and the European Union11 was successfully challenged by a group of Indian activists. The second case relates to turmeric, a herb traditionally known to heal wounds. In 1995, two Indian nationals at the University of Mississippi Medical Center were granted US Patent No. 5,401,504 for the “use of turmeric in wound healing.” This patent was successfully challenged by the Indian Council of Scientific and Industrial Research (CSIR). Concerned about the exorbitant costs associated with each of the legal challenges above, the Indian government devised a smarter way of preventing the misappropriation of ancient Indian knowledge. The government initiated a Traditional Knowledge Digital Library (TKDL) to document all Indian traditional knowledge, as available in the various traditional texts (TKDL undated; Gupta 2000; Reddy 2012). It then made this TKDL database available to eight national patent offices (including the Indian Patent Office) under access agreements that enabled patent officials to quickly determine if a claimed invention in a patent application was merely appropriating something already known.12 While the database has managed to successfully thwart the issuance of some patents over known traditional knowledge,13 the 11 12 13 US Patent No. 5,124,349 (filed June 26, 1989); European Patent No. 0436257 (filed December 20, 1990). These include the US Patent Office, European Patent Office, Canadian Patent Office, United Kingdom Patent Office, German Patent Office, Australian Intellectual Property Rights Office and the Japanese Patent Office. See, for example, CISR (2015). 288 j e r e my de beer an d sach a wu nsc h- vinc ent government has not yet devised a proactive strategy to leverage this database for wider use by scientists, researchers and others interested in the valuable medical information that it contains, nor has it taken any steps to expand it to include “oral” traditional knowledge and other community knowledge not found in published texts. In terms of legal norms to protect against the misappropriation of biodiversity and associated knowledge, India enacted the Biodiversity Act. Much in line with the Convention on Biological Diversity,14 this legislation provides for access and benefit-sharing to biological resources occurring in India.15 While the regulation of biodiversity through legal regimes such as the present one is not directly related to the generation of incentives for facilitating knowledge flows, it does so indirectly by preventing unauthorized appropriation of resources and encouraging benefit-sharing with communities and countries that possess such resources/knowledge. It would be useful to explore the role of these legal regimes in serving as appropriate innovation incentives for informal communities and others that have preserved this knowledge. The role of other less well-used IP regimes such as GIs and plant variety protection also ought to be explored. Illustratively, it is not yet clear if the mere registration of a variety of GIs in India has enabled informal communities that use these indications to command a premium price for their wares, or helped them in any other significant manner (TERI University 2013).16 Even more well-known IP regimes such as patents and copyright may require recalibration in terms of their suitability or otherwise for the exigencies of the informal sector. Illustratively, the Kenyan study and the Ghanaian study note the prime importance of trade secrecy as a tool to appropriate informal innovations. However, none of these studies explores the specific form of tradesecrecy protection available and whether it is optimal for the informal sector. While some countries protect trade secrecy through common law precepts, others do so through statute.17 Given the importance of trade 14 15 16 17 The Convention on Biological Diversity (CBD) is an international treaty that came into force in 1993. See www.cbd.int/intro. See the Biological Diversity Act 2002 (India). TERI University’s survey of users of four registered GIs in India found that the benefits of registration had accrued mostly to manufacturers and big traders in the sector (48 percent), with only 9 percent believing that benefits have gone to the artisans, weavers and farmers producing the relevant products. See, for example, Trade Secrets Act B.E. 2545 (2002) (Thailand); Act on the Protection of Trade Secrets (1990, p. 409) (Sweden); the Trade Secrets Protection Act 2009 (Uganda). co mment 6.3 shamnad basheer 289 secrecy norms for the informal sector, this will require a more detailed investigation in years to come. Bearing in mind the importance of noneconomic incentives in driving innovation in this sector (such as the role of the “divine call” documented in the Ghana study),18 one might require the fashioning of trade secrecy regimes that also account for the social and anthropological dimensions of knowledge generation and appropriation (Cohen and Sauermann 2007). Open Knowledge Flows in the Informal Sector Most studies rightly highlight the potential conflict between mainstream IP regimes and the notion of “openness” and collaborative sharing that often permeates the informal sector. The South African study in Chapter 4 states that 88 percent of those surveyed believed in the open sharing of knowledge. A quote captures this sentiment: An old lady in the neighborhood knew how to make candles, and she taught me the basics, so with her I learnt how to mix wax and fragrances. [Then I learnt more from different places and different people] . . . and now I am making perfumes, lotions and hair masks. The knowledge I have, I have received it from elsewhere. I don’t mind sharing it. [Informal manufacturer of skin and hair care products, 23 years old] The study also suggests that the sharing ethos is premised on the sentiment that there is no real “ownership” over ideas/products. This could have significant implications for IP debates, but the point requires careful consideration: is this owing to the fact that the concept of “ownership” of an idea is alien to such communities (Sapp 2006)? Or is it merely that the products themselves were not “new” in the patent sense of the term, but were based on existing ideas/products? A quote from the South African study is telling in this regard: The knowledge on how to make these products is widely available; we have not invented anything, but rather put together bits of knowledge publicly available. We are all about free revealing . . . what makes the difference to the business is not keeping things secret, but building trust around your brand and to do that you need to invest a lot of time and effort building a close relationship with your customers. [Tshamupo co-owner, manufacturer of natural beauty products] 18 See footnote 22 below. 290 j er e m y d e b e e r a n d sa c ha wun s c h -v i nc e n t The Kenyan study notes that associations that regulate informal sectors actively encourage openness and sharing: “The Kamukunji Association actively encourages information sharing by holding meetings and intervenes when an inventor tries to work in secrecy. If someone gets a head start, the association estimates he or she has about two months before competition is widespread.” It goes on to caution against the imposition of a mainstream IP regime, noting that it “is critical to recognize that the values prized by those working in clusters – relationships based on trust and the sharing of resources – are vital to the functioning of the larger society. These values are sometimes seen as being at odds with protecting an individual’s IP.” At the same time, the study notes that in the sub-sector catering to richer consumers (artworks, etc.), trade secrecy is common. A closer study of such openness and sharing among informal communities may offer valuable lessons for the formal economy, given that openness and collaboration were an intrinsic part of the innovation ecosystem of informal communities several centuries prior to their becoming the buzzwords they are today (Bavikatte et al. 2009; Abrola and Gupta 2014). Formalizing Informality? Central to the debates around incentives and the informal economy is a dilemma best articulated by Essegbey et al. (2014, p. 5): “On the one hand, informality is desirable whereas on the other hand, informality appears to be a disadvantage. The challenge is how to shape policies and programs to exploit informality and ensure the advancement of traditional medicine.” In other words, how do we draw on informality without assuming that a full-fledged conversion to “formality” will leave us better off? Given that a “formalization” process almost always entails a drive toward increasing production and scale, it will likely impact the informal sector in a significant way. For example, formalization would probably spur traditional healers to reformulate their herbal compositions as “pills” with longer shelf lives and evolve treatment regimens that are quicker in redressing “symptoms” as opposed to a longer and more sustainable “holistic” approach. There are serious dangers in this “reductionist” approach that attempts to simulate the commercial success of the allopathic drug industry (Fan 2003). c o mmen t 6. 3 s h amn ad basheer 291 The formalizing trend also assumes that the same kind of incentives that work in the formal sector will necessarily work in the informal sector as well. And yet studies reveal that non-pecuniary incentives often play a significant part in the innovative/creative process in informal communities (Bhaduri and Kumar 2011; Sheikh 2014). The Ghanaian study refers in passing to a “divine” call that propelled some of the traditional medicinal healers.19 The Moses case study in the Chapter 3 on Kenya and in Bull et al. (2014) highlights the role of an “inventive” attitude in spurring innovations. The study notes in general that innovations are driven by market demand, competition and an inventive attitude. One might also consider some examples from India. Chintakindi Mallesham, a school dropout from a village in India, invented a weaving machine after seeing his mother break her back weaving the famous Pochampalli sari manually for hours on end. Mallesham demonstrated that innovation is not always driven by the lure of money, but can be prompted by more sublime considerations such as love and compassion (Anand 2011). Or take Vellan Vaidyan, a tribal healer from Wayanad reputed to have cured a number of complex modern ailments.20 Insisting that he is simply a conduit for higher forces, he does not charge any fees, but leaves a box outside his rustic clinic for donations. A crude form of crowdsourcing one might say, and one that predates many of the current initiatives in vogue today. Similarly, there are several other examples of collaborative and open-access innovation that predate the more recent examples in the formal sector. These could offer us important insights if only we are open to the idea that we have as much to learn from the informal sector as informal sector actors have from us. The above examples illustrate the considerable role of non-pecuniary incentives in driving informal innovation. One hopes that future research on the informal economy will shed additional light on noneconomic considerations, including the intrinsic human desire to “create” something new or be adventurous. A number of scholars point to the existence of such non-pecuniary incentives in the formal sector as well (Cohen and Sauermann 2007), casting doubt on the notion that IP rights necessarily enhance the rate and range of innovation across all 19 20 “[O]thers too claimed they had a divine call (10 percent) from God for the healing of certain diseases, and for some they practice as a hobby.” Personal interview with Vellan Vaidyan, July 10, 2014. 292 j e r emy de beer an d sacha w u ns c h- vinc ent technology sectors (Merrill, Levin and Myers 2004; Hall 2007; Torrance and Tomlinson 2009). Given this skepticism about the relevance of IP for all sectors of the formal economy, it would be unwise to transpose this mainstream model, based largely on pecuniary incentives, to the informal sector. Furthermore, the current patent system expresses a preference for certain kinds of inventive thought or creativity, as opposed to others. Thus, for example, notwithstanding the high level of inventive thought that may accompany a discovery of a unique phenomenon of nature (such as a plant with rare medicinal properties), most legal regimes prohibit patents over “products or phenomena of nature.”21 And yet in the context of the informal economy, a number of traditional medicinal systems may comprise such natural discoveries (Fabricant and Farnsworth 2001; Iaccarino 2003). The patent system discriminates against such findings, holding that they are but products or phenomena of nature, but the discovery of these natural phenomena may be far from routine, and often the product of a highly creative and observant mind. Consider the example of a rural school teacher from India who came up with the idea of using the extract of naffatia as a herbal pesticide. Legend has it that a group of farmers were having tea one morning. In order to protect the tea of one of the farmers who had to leave the group for a while, his wife covered the tea with the leaf of naffatia. Upon his return, the farmer fell ill almost immediately after taking the tea. When taken to the doctor, his bloodstream was found to have high levels of toxicity and he survived with great difficulty. The observant school teacher noted that if the leaves were so toxic that merely covering a cup of tea with it could very nearly prove fatal, it would perform well as a herbal pesticide (Gupta 2006). This is not to suggest that such discoveries ought to be patentable in the informal economy, but to merely suggest that the mainstream IP paradigms are prone to exclude key parts of innovative processes that are endemic to traditional knowledge systems within the informal sector. 21 Illustratively, see Section 3(c) of the Indian Patents Act, which excludes from patentability the “discovery of any living thing or non-living substance occurring in nature.” Similarly, in the United States, courts have repeatedly held that “[p]henomena of nature, though just discovered, mental processes, and abstract intellectual concepts are not patentable, as they are the basic tools of scientific and technological work. Monopolization of those tools through the grant of a patent might tend to impede innovation more than it would tend to promote it.” See Ass’n for Molecular Pathology v. Myriad Genetics, Inc 133 S. Ct. 2107. co mmen t 6. 3 sh amn ad basheer 293 Conclusion The purpose of this short comment is to caution against the simplistic tendency to superimpose an existing “formal” IP appropriation regime onto the informal economy, for the informal may well be an invisible undercurrent to the formal economy. Subsuming it within the mainstream framework may do more harm than good. We need to first examine this undercurrent and understand it better in order to fashion optimal policy solutions. Second, and more importantly, it is foolhardy to assume that the informal sector simply needs to learn from the formal sector and formalize as quickly as possible. On the contrary, the informal economy may have important lessons for the formal economy on a variety of fronts. This is particularly so around the notion of open and collaborative innovation and non-pecuniary incentives, which have been staple aspects of many informal communities for several centuries. The studies included in this book are a very useful step in this direction, meticulously capturing hitherto unknown data on the informal economy. However, since they are effectively the first set of comprehensive studies into the informal sector, they point to some facets only of the informal innovation matrix. One may need more studies across several other sectors and several other countries to better understand and appreciate the nuances of the informal innovation ecosystem. But the present set of studies set the tone for this larger and more challenging exercise. References Abrola, D. and Gupta, A. 2014. “Understanding the diffusion modes of grassroots innovations in India: a study of Honey Bee Network supported innovators,” African Journal of Science, Technology, Innovation and Development 6(6): 541–52. Anand, R. 2011. “Meet Chintakindi Mallesham – the inventor of the Laxmi Asu machine that relieved the pain of several weavers,” The Better India, March 2011. Basheer, S. 2015. “Alternative incentives for pharmaceutical innovation,” Intellectual Property Journal 27(1): 13. Bavikatte, K., Cocchiaro, G., Jonas, H., Rens. A. and Abrell, E. 2009. Imagining a Traditional Knowledge Commons: A Community Approach to Ensuring the Local Integrity of Environmental Law and Policy. Rome, International Development Law Organization (IDLO) and Natural Justice. 294 jeremy de beer a nd sac ha wuns ch-v incent Bhaduri, S. and Kumar, H. 2011. “Extrinsic and intrinsic motivations to innovate: tracing the motivation of ‘grassroots’ innovators in India,” Mind & Society 10(1): 27–55. Bull, C., Daniels, S., Kinyanjui, M.N. and Hazeltine, B. 2014. “Country study on innovation, intellectual property and the informal economy: the informal metalworking sector in Nairobi,” report prepared for the Committee on Development and Intellectual Property (CDIP): Thirteenth Session, CDIP/13/INF/3 ANNEX. Geneva, WIPO. CISR 2015. “TKDL Outcomes Against Biopiracy (2014),” Council for Industrial and Scientific Research. www.csir.res.in/CSIR/TKDL/ TKDLOutcomes_2014.asp. Cohen, W.M. and Sauermann, H. 2007. “Schumpeter’s prophecy and individual incentives as a driver of innovation,” in Malerba, F. and Brusoni, S. (eds.) Perspectives on Innovation. Cambridge, Cambridge University Press, pp. 73–104. Essegbey, G.O., Awuni, S., Essegbey, I.T., Akuffobea, M. and Micah, B. 2014. “Country study on innovation, intellectual property and the informal economy: traditional herbal medicine in Ghana,” report prepared for the Committee on Development and Intellectual Property (CDIP): Thirteenth Session, CDIP/13/INF/2 ANNEX. Geneva, WIPO. Fabricant, D.S. and Farnsworth, N.R. 2001. “The value of plants used in traditional medicine for drug discovery,” Environmental Health Perspectives 109(supp. 1): 69–75. Fan, R. 2003. “Modern Western science as a standard for traditional Chinese medicine: a critical appraisal,” Journal of Medical Law and Ethics 31(2): 213–21. Gupta, A.K. 1997. “The Honey Bee Network: linking knowledge-rich grassroots innovations,” Development 40(4): 36–40. Gupta, A.K. 2000. “An approach for establishing a traditional knowledge digital library,” JIPR 5: 307–19. Gupta, A.K. 2006. “Roots of creativity and innovation in Indian society: a Honey Bee perspective,” Wastelands News 12(1): 37–68. Halarnkar, S. 2009. “Top grosser 3 Idiots to fund real life inventors,” Hindustan Times, Mumbai, December 31, 2009. Hall, B. 2007. “Patents and patents policy,” Oxford Review of Economic Policy 18(4): 568–87. Iaccarino, M. 2003. “Science and culture,” EMBO Reports 4(3): 220–23. Lemley, M.A. 2012. “The myth of the sole inventor,” Michigan Law Review 110 (5): 709–60. Merrill, S.A., Levin, R.C. and Myers, M.B. (eds.) 2004. A Patent System for the 21st Century. Washington, DC, National Academies Press. www.nap.edu /catalog.php?record_id=10976. co mmen t 6. 3 sh amn ad basheer 295 National Innovation Foundation (NIF) 2007. “Creative Eastern Himalayas.” www.nif.org.in/dwn_files/creative%20eastern%20himalayas/Part%20I% 20eastern%20himalaya.pdf. Nijar, G.S. 2013. “Traditional knowledge systems, international law and national challenges: marginalization or emancipation?” EJIL 24(4): 1205–21. Reddy, P. 2012. “Govt. of India follows up on SpicyIP reporting – revokes Avesthagen patent – first Indian victory for TKDL,” SpicyIP, October 27, 2012. http://spicyip.com/2012/10/govt-of-india-follows-up-on-spicyip .html. Sapp, H.A. 2006. “Monopolizing medical methods: the debate over patent rights for indigenous peoples,” Temple Journal of Science, Technology and Environmental Law 25(2): 191–212. Sheikh, F.A. 2014. “Exploring informal sector community innovations and knowledge appropriation: a study of Kashmiri pashmina shawls,” African Journal of Science, Technology, Innovation and Development 6(3): 203–12. The Energy and Resources Institute (TERI) 2013. “The protection of geographical indications in India: issues and challenges.” www.teriin.org/div/ briefing_paper_GI.pdf. Torrance, A.W. and Tomlinson, B. 2009. “Patents and the regress of useful arts,” Columbia Science and Technology Law Review 10: 130–68. Traditional Knowledge Digital Library (TKDL) (undated) “Biopiracy of traditional knowledge.” www.tkdl.res.in/tkdl/Langdefault/Common/BioPiracy .asp?GL, accessed July 15, 2015. Weeraworawit, W. 2003. “Formulating an international legal protection for genetic resources, traditional knowledge and folklore: challenges for the intellectual property system,” Cardozo Journal of International and Comparative Law 11: 769. WIPO 2001. Intellectual Property Needs and Expectations of Traditional Knowledge Holders: WIPO Report on Fact-Finding Missions on Intellectual Property and Traditional Knowledge (1998–1999). Geneva, WIPO. 7 Innovation Policy and the Informal Economy Toward a New Policy Framework erika kraemer-mbula and almamy konté Introduction Investing in innovation has become a common concern for government policies in order to maintain competitive advantage, increase productivity and create new jobs. However, along with economic growth, emerging economies are witnessing growing disparities between rich and poor, manifest to some extent in expanding wage differentials and the intractable presence of informal economic activities. Such disparities pose alarming threats not only to economic growth itself but also to social cohesion and sustainability. Developing countries are starting to recognize the importance of making equitable development a priority goal for the longer term. Nevertheless, innovation policies across the world are not generally driven by a “distributive logic,” resulting in limited impact in reversing the trend of increasing inequality. On the basis of empirical evidence from three African countries – Kenya, South Africa and Ghana – and the initial policy section in de Beer, Kun and Wunsch-Vincent (2013), this chapter identifies a range of policy interventions with the potential to positively affect innovation in the informal economy. Traditional supply-side approaches to innovation policy are giving way to “systemic” rationales which recognize the need to combine measures that stimulate the supply of innovation with demand-side instruments. As Flanagan, Uyarra and Laranja (2011, p. 8) put it, “the expansion of the legitimate scope of innovation policy implies that instruments intended to achieve other policy goals such as procurement, regulation, education and tax measures could or should be ‘co-opted’ in the service of innovation policy.” Borrás (2009) describes it as a process both of “widening” and of “deepening” innovation policy, as innovation policy expands its realm of action to other policy areas (widening) and adds new tools to the traditional supply-side instruments 296 i n n o v a t i o n p o l i cy an d th e i n f orm al ec onom y 297 (deepening). A growing body of literature provides valuable insights about the specific opportunities and challenges of innovation systems in developing countries, demanding tailored approaches to innovation policy rather than mere imitation of policy interventions used in mature economies (Cassiolato and Vitorino 2009; Chaminade et al. 2009; Scerri and Lastres 2013; Soares, Scerri and Maharajh 2014). Moreover, in developing countries it is becoming more apparent that innovation policies should be conceived with social goals in mind (Arocena and Sutz 2012). Countries experiencing high levels of income inequality and unemployment are increasingly interested in expanding the impact range of their innovation policies. However, putting distributional aspects at the center of innovation policy implies dealing with a complex range of policy implementation levels, actors and stakeholders. In addition, current possibilities to expand the policy approach to innovation are restricted by the legacies of and evolution from past decisions and approaches. All these factors add to the complexity of reaching an adequate innovation “policy mix.” Among the questions raised in this chapter are whether policy approaches to the informal economy generally aim to foster innovation by informal actors; whether traditional policy approaches to innovation have any impact on promoting innovation in the informal economy; and whether new approaches need to be developed. The fourth section of this chapter explores concrete possibilities to integrate innovation and informal economy considerations in policy interventions. It is argued that an integrated framework for innovation policy must respond to the reality of developing countries, focusing on the capacity of policy frameworks to deliver in terms of institutional forms and target all economic and social actors, including those operating informally. Ignoring the informal economy in strategies aimed at supporting innovation may lead to further exclusion and inequality, especially in the context of developing countries. Conventional Policy Approaches to the Informal Economy in Developing Countries and Their Treatment of Innovation Evidence across countries confirms that informality does not dissipate with economic growth. On the contrary, it persists in fast-growing countries (La Hovary 2013 and Chapter 1 in this volume). Despite the intractable presence of informal economic activities, neither current 298 e r i ka kr aemer -mbul a an d alm am y k onté policy documents nor the academic literature propose a uniformly agreed policy framework that fits the needs of the informal economy (de Beer, Kun and Wunsch-Vincent 2013). While many countries have some sets of policies and programs to address it, these have not been primarily aimed at fostering existing informal structures, nor have they acknowledged their innovative potential.1 Conventional approaches to the informal economy are broadly concerned either with the elimination of the informal economy or with the transition to formalization. In the first case, focus on the “underground” aspects of informality has emphasized the informal economy as the locus of corrupt activities, lack of compliance with legislation, tax evasion and worker exploitation (Portes 1983). In this view, the informal economy is perceived by policymakers as an undesirable feature that should eventually be eliminated. However, more recently, scholars and practitioners have recognized the entrepreneurial nature of many informal activities, which has prompted a shift from the desire to suppress the informal economy to the aim of gradually converting some of its activities into a part of the formal sector; in other words, supporting the transition to “formalization” of the informal economy. In these cases, the goal is usually to diminish the underlying causes of informality by reducing regulations or market conditions that encourage firms to operate informally. Some examples include suppressing regulations that make business registration inefficient and costly and simplifying business registration procedures, as well as other administrative and tax laws. At the international level, notably through the International Labour Organization (ILO), particular attention has been paid to the enforcement of labor rights and the social protection of informal workers. In particular, the focus has been on increasing compliance with rules and regulations in the following areas: business registration, taxation, labor, health and safety, environment, consumer protection and intellectual property (IP) protection or sectorspecific laws (Becker 2004; UNESCAP 2006; OECD 2009; Oviedo 2009). The ILO’s Decent Work Agenda has served as the basis for a policy framework based on seven key avenues toward formalization which include quality employment generation and growth strategies; the regulatory environment; social dialogue, organization and representation; promoting equality and addressing discrimination; measures to support 1 See IDRC (2011) and Muwonge, Obwona and Nambwaayo (2007). i n n o v a t io n p o l i cy an d t h e i n f orm al ec onom y 299 entrepreneurship, skills and finance; the extension of social protection; and local development strategies (La Hovary 2013; ILO 2014). This issue of policy coherence is of key relevance when it comes to the informal economy since regulations and policies that are explicitly aimed at the informal economy are often described as ad hoc, unstructured and uncoordinated between ministries, institutions and various government levels (de Beer, Kun and Wunsch-Vincent 2013). A typical policy coherence problem is that economic development resources are concentrated in the national and provincial spheres, but regulatory and management responsibility, and knowledge generation, is local. Indeed, it is municipalities and city councils that engage with the informal economy in different ways (David et al. 2013). Over the years, experts and policymakers have recognized the need for a more coordinated and structured approach to the informal economy. National economic and other policy frameworks should address the informal economy more coherently. Moreover, in certain national or sub-national governments, policy ambitions have shifted from suppressing the informal economy to creating an enabling environment. Policymakers have recently come to recognize that a “formalized informal economy” might lose its dynamic contributions to growth and employment, once stifled by bureaucracy (Conroy 2010). As a result, for certain local or national governments, the goal has become to foster the productivity of the informal economy and the quantity and quality of the employment it generates. As a result of this recognition, there have recently been more constructive policy approaches to the informal economy, and these continue to develop. Systemic interventions continue to be rare, and the nature of intervention models at the national level is often ill-suited to local needs. Expectations and policy coordination between national and local levels often remain misaligned. Even for progressive approaches, the notion of “developing” entrepreneurs and economies “out of informality” and the desire to “manage the undesirable consequences of the informal economy” still prevail. For instance, the ILO’s efforts to guide the transition to formalization emphasize that “by its very nature, the characteristics of the informal economy are largely negative” (ILO 2014, p. 9), highlighting the high social costs of the informal economy for businesses, workers and the community. Conventional approaches to the informal economy are rarely designed with a view to fostering innovation within it. While national development plans and strategies may acknowledge the potential of the informal 300 e r i ka kr aemer -mbul a an d alm am y k onté economy for employment creation, they tend to be silent on how existing livelihoods will be supported. The lack of empirical research on innovation in the informal economy hampers related evidence-based policy making. As mentioned above, policies at best target the productive capacity and productivity of informal enterprises. However, some commonly found policies are likely to have a direct or indirect impact on the growth and innovation of informal businesses. These include (1) the regulatory environment, (2) infrastructure and urban spaces, (3) support to micro, small, and medium enterprises (MSMEs), (4) organization and representation, (5) entrepreneurship, skills development and finance, and (6) promoting equality and social inclusion. These approaches are elaborated as follows:2 First, the regulatory environment affects all actors of a productive and innovation system. They shape the relations and interactions between individuals, groups and organizations, influencing the way actors engage in innovation activities (Kraemer-Mbula and Wamae 2010b). Informal economic agents are indeed affected by broad policies related to labor relations, welfare, social security and education, as well as legislation related to civil law. Having such institutions in place provides the background to economic and innovation activity. In relation to our case studies, all three countries have well-developed rules and regulations guiding economic and social activity. All three have an extensive web of labor regulations. However, none of the three countries has a national policy for the informal economy.3 In South Africa, legislation guiding informal economic activities exists at the metropolitan level, mostly oriented to the activities of street trading. In Senegal, by contrast, the new National Economy Policy called Plan Senegal Emergent includes an explicit program on extension of social protection to the informal economy. Second, it is important to improve the infrastructure and provide urban spaces. Basic infrastructure is essential for any business activity. Access to electricity, water and waste disposal are fundamental for informal economic activities. Informal manufacturers often lack adequate production and marketing facilities; therefore, access to production sites (such as permitting the use of residential allotments) can be a critical factor in the success of an informal business. Given the 2 3 Selected policy approaches on the basis of the policy frameworks developed by La Hovary (2013), Chen (2012) and other scholarly contributions. Some countries such as Papua New Guinea have gone so far as to develop a national policy intended to stimulate informal economic activity. i nnovation po licy and t he info rmal economy 301 concentration of informal businesses in crowded urban areas, municipalities are beginning to understand the importance of allocating informal traders dedicated spaces in large cities with adequate infrastructure. However, it is important that municipalities remain mindful and maintain the dynamic equilibrium of relations between the informal sector and its customers – these are local markets in high-transit areas such as taxi ranks. The South African government is currently piloting a Shared Economic Infrastructure Facility (SEIF) to fund new upgrades or maintenance of infrastructure that is shared by a number of informal businesses on a fifty-fifty cost-sharing basis with municipalities.4 Third, micro-, small- and medium-sized enterprises (MSMEs) have received special attention in policy frameworks in developing countries due to their contribution to employment and income generation. African countries are no exception. Legislation regulating SMMEs in several countries covers informal enterprises by definition, although further clarity is needed on such definitions.5 All three countries have agencies dedicated to the SMME sector: Ghana has its National Board for Small Scale Industries (NBSSI); Kenya has the Department of Micro and Small Enterprise Development (DMSED) within the Ministry of Labor; and South Africa recently established the Department of Small Business Development. Moreover, a few countries in Africa have established dedicated ministries and public organizations with the sole purpose of overseeing and guiding informal economic activities. One example is the Senegalese Ministry of Trade, Entrepreneurs and the Informal Sector, which recognizes the informal economy as a critical contributor to the country and has since 2012 become a leading department in supporting the informal sector, serving as an intermediary between the formal private sector and the informal economy. Fourth, the ability of informal workers to organize and be represented is central in order for them to articulate their needs and engage in policy dialogue. Upscaling, modernizing, accessing new markets, adopting technologies, improving production processes and accessing finance are complex activities that require experience, a good understanding of markets, and networks. This is a sophisticated set of skills and means that is generally beyond the reach of most informal entrepreneurs. Collective arrangements such as trade unions, representative associations, sectoral organizations and cooperatives can play a key 4 5 See www.thedti.gov.za. See, for instance, the case of Kenya discussed by Bull et al. in Chapter 3. 302 e r i k a kr aemer -mbul a an d alm am y konté intermediary role. These structures can be critical to facilitate participation of marginalized informal producers in modern markets, navigating through negotiations and improving the bargaining power of vulnerable informal micro-entrepreneurs. Programs providing support to cooperatives, self-help groups and business and workers associations in creating organizational capacity, cooperation, clustering and political representation can all have tangible impacts in helping to articulate the needs of the informal economy, including those related to finance, skills development and technology transfer. Intermediaries such as non-profit organizations and informal sector associations can also mediate access to formal markets for poor producers or users in value chains (Von Broembsen 2012), stimulating linkages between formal and informal actors and the integration of the informal economy in formal sector value chains. The case of Kenya, as described in Chapter 3, highlights the importance that the jua kali associations have in representing the collective interests of informal metalworkers. Fifth, policies that promote entrepreneurship and skills development are crucial. On average, the level of education in the informal economy is low (see Chapter 2). Therefore, policies affecting the informal economy include general policies targeting basic literacy and numeracy. Countries such as Kenya and South Africa have gone as far as developing programs to develop the skills of informal workers – in Kenya through a voucher system (Kraemer-Mbula and Wamae 2010a) – providing opportunities for education and training covering basic skills but also more advanced business and financial skills as well as language skills. Finally, the informal economy is largely populated by marginalized communities, either living in informal settlements or from segments of the population that are generally subject to some kind of social exclusion – women, the young, disabled people and migrants. Therefore, targeted efforts to reduce discrimination in access to resources and opportunities by marginalized groups can have tangible impacts in the informal economy, including on innovation. Developing countries have a higher proportion of young people, many of whom find themselves unemployed. In addition, women continue to be the largest disadvantaged group, especially in poorer societies. At the same time, African economies are seeking ways to diversify beyond resource-based economic activities. A number of sectors (such as ICTs and entertainment) have shown significant potential in the last decade, pointing to alternative sources of economic growth to overcome the overdependence on natural resources. Many of those engaged in informal economic activities display i n n o v a t i o n p o l i cy an d th e i n f orm al ec onom y 303 entrepreneurial talents, skills and endeavor which urgently need to be harnessed rather than deterred. Policy programs facilitating female and youth start-ups are focusing on supporting and nurturing the ideas and entrepreneurial talent of young Africans to avoid the far-reaching consequences of persistent and widespread youth unemployment and gender-based inequalities. South Africa’s recently launched National Informal Business Upliftment Strategy (Nibus) includes a component focused on the provision of skills development and training to informal traders which prioritizes women, young people and disabled owners of informal businesses. While many of these initiatives are directly aimed at, or to some extent include, the informal economy, the interactions between the formal and informal sectors and the role of formal sector institutions need to be kept in mind when designing polices for the informal economy. Institutional weaknesses such as excessive regulation and the weak rule of law applied to the formal sector tend to influence the size of the informal economy and the type of activities within it (Singh, Jain-Chandra and Mohommad 2012). Policies aimed at the informal economy will function well only in tandem with policies aimed at improving the functioning of institutions in the formal economy. To a large extent, policy approaches have focused on formalization, improving productive capacity, facilitating market access and improving social security of informal traders. The promotion and support of innovation in informal economic activities have rarely, been part of the policy approach. Conventional Approaches to Innovation Policy and Their Treatment of the Informal Economy Developing countries have recognized the strategic importance of supporting innovation as a means of economic development. This interest has materialized in an expansion of the institutional arrangements and government bodies mandated with coordinating innovation in each country along with widespread formulation of Science, Technology and Innovation (STI) policies. While identifying a range of opportunities to boost the private sector, these strategies still fall short of fulfilling the needs of a growing base of entrepreneurs and innovation actors in the informal economy, limiting the impact and reach of innovation policies in such contexts. 304 e r i ka kr aemer -mbul a an d alm am y k onté Innovation policy is becoming common practice across the developing world, and most developing countries have formulated policies guiding the performance and improvement of innovation activities. In general, it can be said that innovation policy documents recognize the transformative power of innovation, affecting economies and societies in a myriad of ways, but especially by improving productivity and competitiveness and creating job opportunities. Innovation policy is thus becoming a central pillar of economic policy. It has now been accepted that the informal economy is an integral part of the economic reality in developing countries. But do innovation policies give sufficient consideration to the informal economy; and, if not, what are the main gaps and opportunities and how can they be addressed? Discussions about innovation policy still focus almost exclusively on formal organizations and institutions, especially on formal research and development (R&D) and the role of universities and research organizations as major sources of knowledge. A few studies have recently started to point out that most innovations in the informal sector are non-R&D based and in many cases take the form of changes in the organization of service provision or the adaptation of existing products and technologies to local markets (see Chapter 2). Nevertheless, national innovation policies continue to be dominated by science and technology perspectives, putting less emphasis on other learning dynamics that are more relevant to the informal economy. Some scholarly contributions have warned us about the dangers of adopting narrow perspectives of innovation policy in developing countries, focusing exclusively on support for formal scientific research. Some of these contributions are based on the distinction between two modes of learning and innovation: the STI mode – reliant on formal scientific and technical forms of knowledge – and the Doing, Using and Interacting (DUI) mode – based on experience-based and informal processes of learning (Jensen et al 2007; Lundvall 2007). These two modes of learning are vital to innovation. This literature therefore suggests that innovation policy in developing countries must target both formal and informal modes of learning. A lack of systematic evidence on the innovative potential of the informal economy limits the ability of current innovation policy approaches to reflect the needs of the informal economy. In fact, since the informal economy is not viewed as a potential source of innovation, it is almost never perceived as an explicit innovation policy target. i n n o v a t i o n p o l i cy an d th e i n f orm al ec onom y 305 The issue of policy coordination becomes relevant in this context, whereby the various layers of policy design and policy implementation lead at best to inaction toward the informal economy. Provincial or local governments that interact with the informal economy have little input into, or even awareness of, innovation strategies which are typically developed at the national level. The contribution from the innovation systems literature is now widely accepted as a framework to formulate interventions by many governments (Smits and Kuhlman 2004), and systemic perspectives are gaining considerable ground in innovation policy formulation in developing countries. However, systemic interventions remain difficult to implement, given the wide range of interpretations in their translation to concrete programs, and the multiple possibilities of policy levels and actors that may be involved (Morlacchi and Martin 2009). Typically, innovation policy materializes in a set of policy instruments which are combined in “mixes” (OECD 2010). While this concept of an “innovation policy mix” is gaining currency, the complementarities, and thus positive and negative relations between innovation policy instruments, and the ways of “localizing” policy mixes in such a way that they address the main innovation challenges of a country still deserve much attention and research (Lastres and Cassiolato 2005; Flanagan, Uyarra and Laranja 2011; Cunningham, Edler Flanagan and Laredo 2013). In relation to the policy mix, a number of policies and programs are in place to enhance the development of the research system, with innovation receiving growing attention both institutionally and in policy. Table 7.1 summarizes the conventional innovation policy instruments, which include the following: First, policy instruments to develop the research system. The research system remains the centerpiece of STI policy in practically all countries. Initiatives in this area include programs to build the capacity of existing research organizations through investment in research infrastructure (such as grants to facilitate the acquisition of large and/or specialized equipment likely to advance scientific research, or the creation of new research infrastructures), and investment in creating a larger and better cadre of researchers by promoting international cooperation in research and cross-border mobility. These types of interventions target both public and private research organizations, mostly universities, which are considered to be at the center of the research system. Knowledge produced in universities remains at a great “distance” from communities and informal actors, while traditional knowledge generated through 306 e r i ka kr aemer -mbul a an d alm am y k onté Table 7.1 Examples of conventional instruments of innovation policy and their treatment of the informal economy Policies to develop the research system Policies to support overall investment in innovation Policies to stimulate public demand for innovative solutions and products Policies to enhance innovation competencies in firms Policies to strengthen linkages within innovation systems Policies for knowledge appropriation Examples of policy interventions Targeted actors Development of research infrastructures, promotion of international research cooperation Direct subsidies, innovation grants, fiscal incentives Public procurement of STI Research organizations, researchers Innovation awards/prizes, training, technology development support, incubators, science parks Technology transfer, support of innovation networks, clusters Support services for copyright, trademarks, industrial designs, patents Private sector: large formal enterprises, SMMEs public research organizations (PROs) private sector, general public Private sector: innovative firms, tech-intensive firms, SMMEs PROs, innovative firms, tech-intensive firms, SMMEs Private sector: large formal enterprises, SMMEs Source: Authors. millennia remains largely disconnected from universities (KraemerMbula 2014). However, universities are increasingly expected to create insights of direct relevance to society through engagement with the community, manifest in attempts to bring the research system closer to the informal economy, mostly through participatory research and knowledge transfer (Göransson and Brundenius 2011; Kraemer-Mbula 2014). Existing evidence indicates that the incentives to produce socially relevant research receive insufficient attention in innovation policies in developing countries. i n n o v a t io n p o l i cy an d th e i n f orm al ec onom y 307 In Kenya, Ghana and South Africa, national innovation policies are dominated by science and technology perspectives or institutionalized and formalized R&D. Only South Africa has a dedicated policy for innovation (the Ten-Year Innovation Plan).6 In Ghana, support for innovation appears to take a more sectoral stand, articulated in a national program focusing on innovation in traditional medicine in Ghana. The National Science, Technology and Innovation Policy (2010) objective is to use STI to reduce poverty, increase the international competitiveness of enterprises and promote sustainable environmental management and industrial growth (MESTI 2010). Second, policy instruments to support overall investment in innovation. Certain instruments such as incentives for private R&D (R&D grants and R&D tax schemes), innovation fund schemes, technology extension services and the like are longstanding and widely used policy instruments for stimulating innovation in firms that are not active innovators. These instruments are typically made available to formal enterprises in order to assist their technological efforts. Registration is a common requirement to access this type of support, meaning it is out of reach of most informal enterprises. Due to the nature of informal economic activities, fiscal incentives such as tax deduction for early stage investors or R&D tax credits are also unavailable to them. Direct funding such as R&D grants and funding schemes for innovation do exist in Ghana, Kenya and South Africa. In Ghana, a national Science and Technology Research Endowment Fund (STREFund) was established in 2008 and is currently administered by the Council for Scientific and Industrial Research. The National Research Fund was established under the Science, Technology and Innovation Act in 2013 in Kenya and is currently being operationalized. South Africa has a range of funding mechanisms for innovation, largely managed by the Technology Innovation Agency (TIA). The majority of these funding instruments require businesses to be registered. One exception is the Youth Technology Innovation Fund, launched in 2012, which caters to innovators between the ages of eighteen and thirty years who are not part of the mainstream funding process. Third, policy instruments to stimulate public demand for innovative solutions and products. In the context of developing countries, 6 The Ten-Year Innovation Plan is designed to address five “grand challenges,” namely: (1) bio-economy, (2) space science and technology, (3) energy security, (4) climate change and (5) human and social dynamics. It is in relation to this last thematic target area that the informal economy would be expected to be addressed. 308 e r i k a kr aemer -mbul a an d alm am y k onté stimulating demand for innovation involves transforming the needs of the poorest groups in society into effective demands and connecting those demands more effectively to the supply side of innovative activity. In this regard, Arocena and Sutz (2012) suggest that the stimulation of demand in developing countries requires innovation policies to be complemented by social policies. The demand for innovation can be stimulated through public procurement. Given the large sums involved, public procurement carries enormous potential to shape markets, influence the development of innovative solutions and improve public services. It therefore constitutes a key potential driver of social, economic and environmental objectives, and is a driver of innovation objectives. This potential role is not without challenges, remaining an underresearched and unexploited area in connection with innovation and equitable development. In some countries, such as South Africa, the main policy frameworks driving the development and innovation agenda (such as the Ten-Year Innovation Plan and the National Development Plan) make explicit mention of the role of procurement to stimulate innovation. In Kenya, explicit incentives are directed at encouraging formal suppliers to collaborate with informal enterprises in public procurement – see Chapter 3 in this volume. However, these remain isolated examples, realizing the impact of public procurement effectively in the informal economy remains extremely challenging. In this regard, the example of Kenya highlights the potential that public procurement has to integrate informal suppliers into the supply chain for items purchased by the government. While not directly tied to innovation, it at least challenges both formal and informal enterprises to develop creative ways to collaborate. Fourth, policy instruments to enhance innovation competencies in firms. These are instruments aimed at stimulating greater innovation in already innovative firms, to complement and synergize their technological efforts. This is generally pursued through technology incubators, science parks and innovation awards/prizes. These types of instrument generally remain disconnected from the informal economy and, if not complemented with support to innovation in informal enterprises, they may lead to a wider gap in the performance between formal and informal enterprises and further marginalization of the latter. Severe problems with youth unemployment in the three countries in this study have triggered a general sense of urgency in policy circles, resulting in efforts geared toward promoting employment opportunities by supporting micro and small businesses. However, policy instruments i n n o v a t i o n p o l i cy an d th e i n f orm al ec onom y 309 that stimulate the integration of informal enterprises within formal value chains remain few and neglected. Informal economic activities provide job creation opportunities along value chains; the challenge is building work competencies and innovation capabilities along those chains. Technology incubators have become popular means of promoting innovation competencies in firms and value-chain integration. The three countries examined are no exception, with ongoing efforts to enhance infrastructures that serve modern business development. Technology incubators and industrial parks in ICTs, textiles and the like are usually located in metropolitan areas, often inaccessible to the myriad of entrepreneurs who could benefit from these programs living in informal settlements or areas marginal to large cities. The case of South Africa provides examples of technology transfer organizations (technology incubators) and business incubators offering such opportunities to informal enterprises located out of metropolitan areas (see Chapter 4). However, such examples are scarce and their ability to offer opportunities at a large scale remains limited. Fifth, policy instruments to strengthen linkages within innovation systems. Many African cities have developed economic agglomerations or small-scale industrial clusters. Common challenges for these clusters include, among others, technological obsolescence, information deficiencies, and competitive pressures from international markets. As innovation policies are increasingly formulated within an innovation systems framework, some countries are developing instruments to foster growth and innovation in existing clusters and industrial districts. New clusters have also been created by policy design. The rationale for this has been to enhance the benefits of collective efficiencies, use clusters as a testing ground for new products as well as platforms to exchange knowledge. However, this type of support also generally leaves out informal enterprises. The evidence from the three case studies illustrates the disconnection and isolation that informal entrepreneurs have from the wider innovation system. This indicates a need to establish bridges and connections between the modern science and technology system and informal systems production. There are examples of policy instruments to develop linkages across the system. In the case of Ghana, efforts have gone into creating bridges between the modern science and technology system and the traditional medicine system. This has resulted in traditional herbal preparations being prescribed in public healthcare institutions. Nevertheless, there remains significant marginalization of informal 310 er ika kra eme r -mb ula an d almamy kon t é traditional medicine practitioners, which is not conducive to innovation. In this respect, Kenya’s 2030 Vision acknowledges the importance of producer-based groups or associations representing the collective interests of individuals or micro-enterprises, which has led to the development of programs promoting their role and interaction with policy makers and research organizations, especially in farming and retail. Finally, policy instruments for knowledge appropriation. Chapter 6 reveals that informal actors face a number of difficulties in using the IP system, such as limited knowledge of the IP system, lack of clarity about its relevance to their business strategy, the system’s complexity and (from the perspective of SMMEs) the high cost in terms of both time and money of using the system. Moreover, Chapter 6 proposes a set of policy suggestions centered on (a) ensuring that IP registration systems are accessible in terms of time, expertise and financial costs, (b) facilitating technical assistance to assess adequate forms of IP protection, (c) ensuring that IP rights are enforceable in the marketplace, taking into consideration the country context, and (d) taking careful consideration of the systemic effects of IP policies on existing informal clusters and their potential impact on inequality, exclusion and income distribution. All three countries studied in this volume have mechanisms in place, in the form of regulations and governing bodies, to protect the rights of innovators. Moreover, Kenya has recently made efforts to improve access to IP protection for micro and small enterprises. However, these efforts must be informed by the range of reasons why informal entrepreneurs fail to make use of formal mechanisms of knowledge appropriation, which include cultural and economic factors. Informal entrepreneurs resort to secrecy and other informal mechanisms of knowledge appropriation for a number of reasons, and this practice appears to contradict the nature of the formal mechanisms’ knowledge appropriation. At the heart of this conflict is the limited awareness of and knowledge about the IP system. The case of Ghana shows evidence of the emergence of institutional structures established to represent the interests of informal economic agents in relation to IPRs, with the example of a ten-member Committee on Herbal Medicine Research and Intellectual Property Rights Protection. The work of the Committee and the subsequent implementation of its report and recommendations are expected to widen the scope of impacts of national policies regarding knowledge appropriation in herbal medicine. It becomes clear that innovation policy is not a single action. Instruments with different potential and actual effects on the informal i n n o v a t i o n p o l i cy an d th e i n f orm al ec onom y 311 economy are combined. Bringing the informal economy into the realm of innovation policy implies taking into consideration the complementary or balancing effects that each of these instruments would have on informal economic activities and on the broader innovation system. At present, this is far from the reality of innovation policy practice in Africa and developing countries at large. Integrating Innovation and the Informal Economy in Policy In the wake of the global economic recession, there has been renewed interest in informal economic activities in developing countries. Contemporary times have shaped the reality for many emerging countries as characterized by relatively fast economic growth, higher investment in innovation, large inequalities and persistent informality, requiring fresh approaches to our understanding of the relationship between innovation, equitable development and the informal economy. This section explores concrete areas that could form the initial steps toward an integrated innovation policy mix to advance the transformative agenda toward more equitable development. Table 7.2 summarizes the impact that policy approaches to the informal economy (identified in the second section) and policy approaches to innovation (identified in the third section) can have on innovation activities in the informal economy. The sections above emphasize the existing disconnect in current policy frameworks, which prioritize promoting innovation in developing countries while often overlooking the informal economy. Policy approaches to the informal economy have largely focused on formalization rather than innovation, while innovation policy frameworks focus on formal enterprises with little consideration of the informal economy. One of the objectives of this chapter is to highlight the potential benefits of bringing these two approaches closer together, paying attention to innovation and informal economic actors. The framework below therefore distinguishes between the “current” and “potential” impact of existing policy approaches on innovation in the informal economy. The synthesis in Table 7.2 illustrates how selected policy interventions may appear to have direct or indirect negative impacts on innovation in the informal economy. On this basis, it identifies the potential positive impact that such policies could have, as well as the policy fields and levels of governance that would need to be activated to achieve such positive impacts. It is not intended to be a comprehensive examination of all existing ways in which policy interventions may affect innovation in the Table 7.2 Policy approaches to the informal economy Policy approaches to the informal economy Impact on innovation in the informal economy Policy areas to bring into the innovation policy mix Current Potential Policy area Level of governance Adequate regulatory environment • Equal access to property • Equal access to labor and employment opportunities • Equal access to housing • Equal access to health • Indirect positive. Facilitating basic operations of informal enterprises • Improve access to employment and decent jobs • Improve human capabilities • Labor policies • Welfare policies • National Improving the infrastructure and urban spaces • Ensuring access to basic infrastructure such as electricity, water and waste disposal • Ensuring the informal economy has access to production sites (permitting the use of residential allotments) Support to SMMEs • Support participation of microenterprises in trade fairs and exhibitions • Indirect positive. Facilitating basic operations of informal enterprises • Improve firm infrastructure • Improve human capabilities • Urban planning • Water and sanitation management • Local/municipal authorities • Indirect positive. Facilitating investment, marketing and networking to informal enterprises • Improve access to market opportunities and international exposure • Industrial policy • SMMEs support programs • Financial policies • National • Local/municipal authorities Facilitating organization and representation • Support for representative associations, cooperative arrangements and intermediaries • Indirect positive. Increased bargaining power of the informal economy and articulation of needs • Stimulate linkages between formal and informal actors, and integration of informal firms in formal value chains • Rural development • Agricultural policy • Industrial policy • Local/municipal authorities Entrepreneurship, skills development and finance • Ensuring basic literacy and numeracy • Developing skills through postschool education and training • Providing access to finance: microfinance, subsidized financial services • Indirect positive. Improving basic skills and business operations of informal enterprises • Enhanced human capabilities • Provision of advanced skills to informal workers • Absorptive capacity • Improved access to financial resources for innovation • Education policies • Post-school training • National Promoting equality and social inclusion • Indirect positive. Incentive to establish • Improve entrepreneurship • Cooperative policies • National Table 7.2 (cont.) Policy approaches to the informal economy • Youth-based start ups • Women entrepreneurs Impact on innovation in the informal economy Policy areas to bring into the innovation policy mix Current Potential Policy area Level of governance enterprise by disadvantaged communities • Indirect negative. Narrow definition of business enterprise and profit-maximization • Improve access to income • Development of community-relevant enterprises • SMMEs support programs • Local/municipal authorities Innovation policy approaches Impact on innovation in the informal economy Policy fields to bring into the innovation policy mix Current Potential Policy area Level of governance Policies to develop the research system • Research infrastructures • Promotion of research • International research cooperation and suchlike • Indirect negative. Concentration of government support on highly skilled people. Widening gap • Indirect positive. Participatory research. Socially relevant research involving informal actors • Research policy • National level Policies to support overall investment in innovation • Direct subsidies • Innovation grants • Fiscal incentives • Indirect negative. Concentration of innovation funding support • Direct positive. Allowing nonregistered firms to • Innovation policy • National level • Local/municipal authorities Policies to stimulate public demand for innovative solutions and products • Public procurement of STI • Indirect negative. Concentration of opportunities in formal enterprises. Widening gap • Direct positive. Collaboration between formal and informal enterprises. Expanding value chains • Procurement policies • National level Policies to enhance innovation competencies in firms • Innovation awards/prizes • Technology development support, incubators, science parks • Indirect negative. Concentration of support in formal enterprises. Widening gap • Direct positive. Cocreation innovation hubs, inclusive of formal and informal • Innovation policies • Urban planning • National level • Local/municipal authorities Policies to strengthen linkages within innovation systems • Technology transfer • Innovation networks, clusters • Indirect negative. Concentration of support in formal enterprises. Widening gap • Indirect positive. Enhancing forward and backward linkages • Technology policy • Industrial policy • National level • Local/municipal authorities Policies for knowledge appropriation • Support services for copyright, trademarks, industrial designs, patents • Indirect negative. Concentration of knowledge in formal enterprises. Impediment to knowledge dissemination. Widening gap • Indirect positive. Broadening knowledge appropriation frameworks. Improved access to informal economy actors • IPR policy • National level on formal enterprises. Widening gap access funding mechanisms 316 e r i k a kr a eme r - m b u l a a nd al m a m y ko n t é informal economy. Rather, it makes an initial attempt to start thinking about supporting innovation in the informal economy from a systemic, multidimensional perspective. Conventional policy approaches to the informal economy as identified in the second section include: • • • • • • provision of an adequate regulatory environment improving infrastructure and urban spaces support to SMMEs facilitating organization and representation entrepreneurship, skills development and finance promoting equality and social inclusion. Most conventional policy approaches to the informal economy have an indirect positive effect on innovation activities in the informal economy by facilitating basic business operations of informal enterprises. For instance, although entrepreneurship in the informal economy occurs largely outside of formal regulatory systems, broad policies related to labor relations, welfare and social security as well as legislation related to civil law do improve access to the basic conditions for realizing human capabilities. Such basic capabilities are necessary conditions for innovation in both formal and informal economic activities. Policies that target the improvement of infrastructure and urban spaces, as well as those providing general support to SMMEs, also hold the potential to improve access to infrastructural resources and markets for informal microenterprises, for instance, policies aimed at improving ICT infrastructure (such as supporting local agencies with the mandate of improving bandwidth and exploring the opportunities for wireless technologies). Although it is far from a homogenous group, those in the informal economy in emerging economies tend to be marginalized members of society, often engaged in survivalist activities and often in vulnerable and isolated positions (especially those engaged in domestic work, homework and own-account work). In this respect, representation and organizing strategies in the informal economy hold great potential for informal economic activities, including innovation. The evidence provided by the three case studies highlights that informal worker organizations, including cooperatives and other types of associations, can be central in articulating the needs of informal actors and improving their collective bargaining power. These collective strategies can be instrumental in stimulating linkages between formal and informal actors and integrating informal firms into formal value chains. i n n o v a t i o n p o l i cy an d t h e i n f orm al ec onom y 317 Policies promoting general entrepreneurship, skills development and finance can indirectly benefit innovation in informal firms by providing basic education, skills and training which enhance human capabilities. Entrepreneurship is one of the largest sources of employment in developing countries, and these enterprises are often in the informal economy (La Hovary 2013). This area of policy can include various types of interventions such as reducing start-up costs or providing fiscal incentives for firm creation. The same applies to policy programs offering micro-finance and subsidized services to enterprises, which provide much-needed access to seed funding and financial resources. These policies have an indirect effect on informal enterprises but their impact could be greater if they also targeted the informal economy. For instance, the Micro and Small Enterprise Technology Project in Kenya was a pilot program established by the government and funded by the World Bank in 1997. The key component of the project was a voucher training program that covered up to 90 percent of the cost of skills and management training purchased by informal sector micro-enterprises and small businesses. A post-evaluation of the project showed that the training had a beneficial impact on participating firms, although the impact of the project on the training market had been modest (Hallberg 2006; Kraemer-Mbula and Wamae 2010a). Another possibility would be to establish programs that facilitate entrepreneurs’ search for skills. One of the key characteristics of developing countries is a severe shortage of skilled personnel. Entrepreneurs struggle to locate skills that would fit their productive needs. Mechanisms that facilitate the search for skills could expand beyond the formal education sector into the informal sector. The informal sector can be a valuable source of skills and knowledge, acquired either through informal mechanisms (traditional apprenticeships) or in a formal setting (public or private education and training institutions). For instance, informal actors may be transient – operating temporarily in the informal sector – owing to bottlenecks in the formal sector or periods of transition, such as university graduates who are not immediately absorbed into the formal sector or civil servants made redundant (Kraemer-Mbula and Wamae 2010a). The match between productive entrepreneurship and skilled employment could also be encouraged through active communication strategies such as advertising using various media or through the regular provision of workshops by firms. This type of intervention would not only complement policy programs to support local enterprises but also advance the skills of informal workers. 318 e r i ka kr aemer -mbul a an d alm am y konté In the policy area related to the promotion of equality and social inclusion, interventions to support marginalized groups, such as women or the young, to overcome embedded disadvantages can have an indirect positive impact on innovation in the informal economy. However, this type of support usually leaves out other frequent forms of community group support and informal organizations that are not business enterprises. One example is the rotating credit unions or collective saving schemes such as stokvels in South Africa. These self-help savings clubs have a strong gender component, giving women access to credit, often used to start an informal micro-enterprise (Verhoef 2001; Woodward et al. 2011). Conventional policy approaches to the informal economy as identified in the third section include: • policies to develop the research system • policies to support overall investment in innovation • policies to stimulate public demand for innovative solutions and products • policies to enhance innovation competencies in firms • policies to strengthen linkages within innovation systems • policies for knowledge appropriation. As has been mentioned, policies to develop the research system are central to STI policy across the world, including in developing countries. However, an exclusive focus on researchers and formal research activities can have an indirect negative impact on the informal economy through the concentration of government support on highly skilled people, widening the gap between formal and informal. But research policies can have an indirect positive impact on informal economic actors through the promotion of participatory research where intended users engage in the research process. The responsiveness of universities to the societies around them – the so-called third mission of universities – has been explored in the literature (Brundenius, Lundvall and Sutz 2009; Göransson, Maharajh and Schmoch 2009; Bianco and Sutz 2014; Mohamedbhai, Frempong and Addy 2014; Albuquerque et al. 2015) and some innovative models have been tested to bring research closer to the needs of society by involving beneficiaries in the research itself (Arocena and Sutz 2005; Juma 2011; Kruss and Gastrow 2015). However, the lack of incentives and the predominance of performance-based research funding models discourage researchers in developing countries from spending extra time engaging with the broader community. innov atio n pol icy and t he informal economy 319 The following five identified areas of innovation policy largely target formal enterprises: policies to support overall investment in innovation; policies to stimulate public demand for innovative solutions and products; policies to enhance innovation competencies in firms; policies to strengthen linkages within innovation systems; and policies for knowledge appropriation. This concentration of innovation policy instruments on formal – and often already innovative – enterprises can indirectly have a negative effect on innovation in the informal economy by making most funding mechanisms available to risk-taking entrepreneurs and the highly skilled, which may lead to bigger income gaps. In this respect, broadening innovation policy instruments to informal enterprises could have a great impact on overall innovation activity. There is a significant social and economic cost when the majority of enterprises (which are informal in most developing countries) are not able to succeed and upscale their innovation efforts. Inclusive approaches within innovation policies to support informal enterprises in areas such as access to financial resources for innovation, promoting collaborations between formal and informal enterprises in the context of value chains and public procurement could transform cycles of poverty and marginalization into active contributions to overall innovation activity in developing countries. One example would be extending traditional “innovation fund” programs to informal sector enterprises. Innovation fund schemes can be found across all countries, and they usually consist of grants that cover part of the cost of an innovation project. They are oriented to innovative firms, generally formal SMMEs, where firms apply for funding to either (a) improve their products, processes and services or (b) do testing, piloting or pre-commercial validation of the technological component of an innovative project. This type of funding can be expanded to informal sector enterprises, for instance, following the model of the “creative credits” (Bakhshi et al. 2011), an innovation voucher program designed to foster new innovative partnerships between SMMEs and creative service providers. Creative service providers may not be restricted to formal enterprises but could also include those in the informal economy. Another example broadens the concept of traditional science parks to a new modality of co-creation. Traditional science parks have become very popular policy instruments in developing countries, emphasizing the idea that scientific and technology-based innovation are the core of an innovation system. Traditional science parks are usually affiliated with 320 e r i k a kr aemer -mbul a an d alm am y konté a university or research institute and focus on supporting technologyintensive and highly innovative businesses in new emerging sectors. This traditional model has recently been complemented with a new generation of co-creation “innovation hubs” which are starting to surface globally and are especially relevant in the context of developing countries (Comins and Kraemer-Mbula 2016). Co-creation hubs are often conceived as creative experiments rather than spaces to incubate high-tech businesses. Rather than profit-making, they tend to develop around finding a solution to a specific challenge (such as regenerating a neglected urban area or finding a solution to emerging social and environmental challenges). Co-creation initiatives are focused on the interactive aspect of innovation and are less concerned about the technological aspects than with building the “soft” aspects of innovation through networking and collaboration, not only among firms, but also with a broader range of societal stakeholders – including the informal economy. In this respect, they combine an interest in innovation for both societal and commercial purposes (Comins and Kraemer-Mbula 2016). Co-creation models emphasize the importance of creating synergies among a variety of stakeholders, acknowledging that the impetus for innovation can come from many different sources, including users of products or services, wider communities, suppliers, competitors and delivery partners. The main idea is that institutions ought to be rooted in their specific local context and recognize that innovation does not come purely through scientific and technological developments. This modality of innovation hub leaves plenty of room for collaborations between formal enterprises, informal enterprises and a range of other stakeholders in order to find innovative and locally relevant solutions. Moreover, these new types of initiatives appeal strongly to young people, who are a major resource in developing countries. In this chapter it is argued that moving toward a broader framework of innovation policy that includes the informal economy requires not only widening the scope of innovation policies to include a more diverse range of policy fields (including labor, welfare, urban planning and social policies among others) as part of the innovation policy mix but also ensuring that existing innovation policy instruments are extended to actors in the informal economy. The current framework of innovation policies, if unchanged, is likely to lead to a wider inequality gap through the continued support and concentration of opportunities and resources in the formal and highly skilled segments of society. Achieving some level of coherence across the various components of such an innovation policy i n n o v a t i o n p o l i cy an d t h e i n f orm al ec onom y 321 mix involves complex coordination between various levels of governance (national, provincial and local), which clearly calls for policy learning in terms of scope, interpretation of change and implications for policy legitimization. For policy makers, then, the question should not be a matter of choosing between the formal and the informal when it comes to innovation. Rather, the question should be how to expand and widen support structures for innovation in an economic reality where actors have different degrees of informality, from the most informal to the most formal. Ignoring large vulnerable communities of potential and actual innovators in innovation policy programs and policy making processes is unlikely to lead toward a more equitable future. How can innovation be supported in a way that addresses the most pressing social and economic challenges – like unemployment, poverty and marginalization – and allows a transition toward more equitable development? Today, many developing countries have recognized the long-term limitations posed by the path to inequitable development. Given the potential benefits that a more innovative and participatory informal economy bring, it is crucial that governments complement their efforts to support innovation with efforts to support the needs and creative activities of the informal economy. Conclusion Countries around the world have embarked on the promotion of innovation as a key strategic tool to achieve faster economic growth. However, in emerging economies, policies inspired by prevailing approaches in more advanced economies appear to be leading to wider inequalities if they are not steered toward distributive goals. To some degree, this chapter takes up this challenge and proposes an integrated approach to the innovation policy mix, inclusive of the informal economy. Such an integrated approach calls for deepening and widening of innovation policy frameworks. A typical feature of emerging economies is the asymmetric distribution of research and innovation capacities. The coexistence of a few “islands of excellence” – innovative leading businesses, research organizations and universities – with a large majority of low-productivity firms and research organizations has been acknowledged in the literature (Paunov 2013). These asymmetries can be exacerbated by policy frameworks that only make incentives and funding mechanisms available to 322 er i ka k r aemer -mbul a an d a lm am y konté formal organizations and highly skilled researchers. This chapter argues that innovation policy can become a tool to achieve faster economic growth and more equitable development. Some of the requirements to achieve such goals include: (1) Recognition of the informal economy at the innovation policy level. This would be the first and foremost step toward designing innovation policies that are locally relevant in the context of developing countries. (2) Widening the scope of innovation policies to include those policy areas that directly affect informal economic actors (including labor, welfare, urban planning and social policies among others) as part of the innovation policy mix. (3) Ensuring that existing innovation policy instruments are extended to suitable actors in the informal economy, for instance, thinking creatively about innovation hubs as spaces for co-creation, leaving room to engage the informal sector or redesigning traditional instruments such as innovation funding mechanisms in such a way that they encourage collaboration with and participation from the informal economy. (4) In the process of designing incentives and mechanisms intended to shape the innovative behavior of actors operating in the informal domain of the economy, policies and programs ought to be mindful of the cultural attributes of different ethnic groups and communities. Such considerations can play a critical role in the response of different actors to incentives, and ultimately the effectiveness and positive impact of policies and programs. (5) Policy makers in emerging economies must pay particular attention to the distributional effects of innovation policies and programs. As Kerr and Kolavalli (1999) point out, the distributional effects of technical change – between different stakeholders, same stakeholders in different regions and across regions – will depend on policies and institutions. (6) Coordination of policies at various levels of governance. At the institutional level there are two main broad dimensions: the national and the local. National government agencies set up national priorities and objectives, while local governments are closer to local communities, informal actors and the level of implementation. It is therefore of central importance to build i nnovation po licy and t he info rmal economy 323 the capacities of municipal governments to better understand and implement innovation strategies at the local level. (7) Identification of and data collection on the types of innovation that occur in the informal economy. While efforts to collect data in formal enterprises are taking off in emerging economies, data on micro-enterprises, especially informal ones, are practically nonexistent. Emerging economies should engage in large-scale data collection exercises that identify local grassroots innovators in key sectors. Such exercises would allow identification of the types of innovations that are taking place in the informal sector, which ones have larger potential for employment creation, upscaling, social transformation, firm creation and other policy objectives. The chapter has addressed and examined congruent options to intervene in the transformation and evolution of innovation systems in developing countries in such a way that innovation is put at the service of transformation toward more equitable development. References Albuquerque, E., Suzigan, W., Kruss, G. and Lee, K. (eds.) 2015. Developing National Systems of Innovation: University–Industry Interactions in the Global South. 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(EPRC Occasional Paper no. 33) Uganda, Economic Policy Research Centre. OECD 2009. “Competition policy and the informal economy,” paper DAF/ COMP/GF(2009)10 presented at the Global Forum on Competition – Roundtable on Competition Policy and the Informal Economy, Paris, OECD. Publishing. OECD 2010. “The innovation policy mix,” in OECD Science, Technology and Innovation Outlook 2010. Chapter 4. Paris, OECD Publishing, pp. 251–79. Oviedo, A.M. 2009. Economic Informality: Causes, Costs, and Policies: A Literature Survey of International Experience (Background paper prepared for Turkey Country Economic Memorandum (CEM) – Informality: Causes, Consequences, Policies). Washington, DC, World Bank. Paunov, C. 2013. Innovation and Inclusive Development. Paris, OECD. Publishing. Portes, A. 1983. “The informal sector: definition, controversy, and relation to national development,” Population and Development Review 7: 151–74. Scerri, M. and Lastres, H.M. (eds.) 2013. The Role of the State. India, Routledge. Singh, A., Jain-Chandra, S. and Mohommad, A. 2012. “Out of the shadows: governments are wise to shrink their underground economy by improving institutions to build inclusive growth,” Finance and Development 49(2): 42–45. Smits, R. and Kuhlmann, S. 2004. “The rise of systemic instruments in innovation policy,” International Journal of Foresight and Innovation Policy 1(1/ 2): 4–32. Soares, M.C.C., Scerri, M. and Maharajh, R. (eds.) 2014. Inequality and Development Challenges: BRICS National Systems of Innovation. India, Routledge. UNESCAP 2006. Poverty and the Informal Sector: Role of the Informal Sector in Poverty Reduction. Bangkok, United Nations Economic and Social Council, Economic and Social Commission for Asia and the Pacific. Verhoef, G. 2001. “Informal financial service institutions for survival: African women and stokvels in urban South Africa, 1930–1998,” Enterprise and Society 2: 259–96. Von Broembsen, M. 2012. “Mediating from the margins: the role of intermediaries in facilitating participation in markets by poor producers,” South African Journal of Labour Relations 36(1): 31–53. Woodward, D., Rolfe, R., Ligthelm, A. and Guimarães, P. 2011. “The viability of informal microenterprise in South Africa,” Journal of Developmental Entrepreneurship 16(01): 65–86. co mmen t 7 . 1 an n el i n e morgan 327 COMMENT 7.1 anneline morgan Southern African Development Community (SADC) Secretariat7 Introduction Africa faces many challenges especially in terms of economic growth and social development, which is characterized by high levels of poverty, unemployment, inequality and restricted access to basic services and infrastructure. For example, the 2012 Human Development Report for Southern Africa paints a bleak picture of development in the sub-region, stating that it remains one of the poorest in the world despite a population of over 275 million and abundant natural resources. The report also states that as at 2010, approximately 45 percent of the total population lived on $1 or less per day.8 Many countries in subSaharan Africa have Science, Technology and Innovation (STI) policies in place, but these policies largely focus on research and development rather than innovation as such. There are also many debates and schools of thought as to whether innovation issues should be managed and coordinated by STI ministries or departments, or ministries or departments of trade and industry. The second section of this chapter describes conventional policy approaches to the informal economy in developing countries and their treatment of innovation. Traditionally, industrial or economic policies address issues of innovation directly or indirectly, but when it comes to implementation the focus is on unemployment and economic growth, overlooking issues of innovation, inequality and poverty and the potential offered by the informal economy. Policies and regulations inhibit informal economic actors from integrating and participating in the formal economy. Issues such as taxation, compliance and quality standards serve as barriers to recognizing innovations in the informal economy. The challenge is to find the policy balance that supports the informal economy without stifling its growth and potential while at the same time 7 8 The views in this commentary are made in my personal capacity and do not necessarily represent the views of the SADC Secretariat. Human Development Report for Southern Africa (HRD-SA 2012): Enhancing Human Development through Regional Integration in SADC by the Economic Commission for Africa, Southern Africa Office. 328 e r i ka k r aemer -mbul a an d a lm am y konté making sure regulations are in place to ensure quality, accountability and growth. One also needs to know who are the main actors and stakeholders in the informal economy. Is it locals or foreign nationals or migrants, for example? In many countries, significant input from foreign nationals or migrants is becoming the norm. Such is the case in South Africa, where foreign nationals are largely the driving force of the informal economy, which has led to tensions with locals in the access to and share of the informal economy. This policy question will have a fundamental impact on the way a country develops interventions to support the informal economy. In South Africa, the Broad-Based Black Economic Empowerment Act of 2003 aimed to facilitate the distribution of wealth to marginalized groups in the economy, but this has led to a few “black elites” having access to a very small proportion of the economy. In Zimbabwe, the Indigenisation and Economic Empowerment Act of 2007 is a deliberate policy intervention to create an environment to enhance economic activities of indigenous Zimbabweans, facilitate their involvement in the economic activities of the country and ensure that there is equitable ownership of the nation’s resources (Chowa and Mukuvare 2013). Do current policy-making processes and systems provide space for the informal sector/economy to have a voice in policy development and implementation? In many countries, the trade union sector plays this role, but mainly in negotiating workers’ rights and labor issues – wages, salaries and working conditions. Informal economy actors do not have a “formal” structure or institution to represent their issues, which are mainly about having a share of the economy and improved business conditions such as access to finance and markets. There is a need to shift the public policy-making process to include the informal economy. There is a need to register and profile the informal economy at all levels – local, provincial/district and national – in order to understand their needs and challenges. This will lead, directly or indirectly, to the creation of associations within the various sectors of the informal economy. The third section of this chapter describes conventional approaches to innovation policy and their treatment of the informal economy, prompting several questions. Do countries need to develop stand-alone innovation policies or should innovation policies be integrated into all key strategies such as economic, social, science and technology policies? Should innovation policy be driven by a single institution or should co mmen t 7 . 1 an n el i n e m organ 329 this responsibility be shared by all key sectors in both public and private institutions? There is a need to understand the informal economy in terms of its drivers, stakeholders, consumers, environment and various sectors in order to integrate and support it within the innovation policy framework. There is a need to create an environment that facilitates interaction, partnerships and dialogue between and among the public and private sectors and the informal economy. Traditionally, engagement and interaction with the informal economy has been largely left to NGOs, CBOs and so on. There is current debate and discourse on innovation for inclusive development or social innovation. The OECD defines “inclusive innovations” as “projects/initiatives that directly serve the welfare of lower-income and excluded groups,” while “grassroots innovations” are “inclusive innovations emphasizing the empowerment of lower income groups” (Heeks et al. 2013). This also relates to innovations in the informal economy. As Kruss and Gastrow (2015) note, “In the South African context of a large informal sector, high rates of unemployment and the potential significance of links to value chains in the formal sector for local and regional economic development, understanding the dynamics of university involvement in innovation to enhance livelihoods in informal settings is significant.” Innovation ecosystems and value chains should recognize the informal economy in local communities. The authors point out the potential of public procurement to stimulate demand for innovation, so encouraging advances in home-grown products, solutions and goods and services. There is a need to design incentive schemes for both formal and informal economies, to facilitate interactions and partnerships between and among the various sectors such as agriculture, tourism, services and transport. We also need to understand better whether intellectual property rights (IPRs) function as an enabler of or A barrier to innovation in the informal economy. Do current IP systems cater for the informal economy? It is important to understand that many innovations in the informal economy involve indigenous or traditional knowledge which has been generated and preserved over generations. Therefore, issues of culture and trust will play a key role in determining whether or not the informal economy embraces IPRs. It is important to create awareness and understanding of the pros and cons of IPRs, and to appreciate and understand the operating practices of informal economy actors when considering IP policies and regulations in this regard. 330 e r i k a k r aemer -mbul a an d a lm am y konté Conclusion An integrated approach to the innovation policy framework is necessary in order to facilitate learning, knowledge exchange, technology transfer and adaptation and to create awareness of social issues such as culture, diversity and religion which are normally taken for granted or overlooked in innovation ecosystems and value chains. The recently adopted SADC Industrialization Strategy and Roadmap 2015–2063, approved by the Extraordinary SADC Summit in Harare, Zimbabwe, in April 2015, recognizes the “importance of technological and economic transformation of the SADC region through industrialization, modernization, skills development, science and technology, financial strengthening and deeper regional integration” (SADC 2015). It further states that the SADC region will seek to progressively move from factor-driven to investmentdriven growth and ultimately a high-growth trajectory driven by knowledge, innovation and business sophistication. The Strategy recognizes the importance and role of strengthening small and medium-sized enterprises through training programs, information and financing and by creating a favorable policy environment for their participation in the economy. There is thus an opportunity to ensure that the informal economy is considered in the implementation of the regional Industrialization Strategy and Roadmap, since the economies of the SADC region are largely driven by the informal sector. This chapter provides valuable insights and recommendations to help toward an integrated approach to innovation policy, which can in turn contribute to industrial development, socio-economic development and regional integration. References Chowa, T. and Mukuvare, M. 2013. “An analysis of Zimbabwe’s Indigenisation and Economic Empowerment Programme (IEEEP) as an economic development approach,” Researchjournali’s Journal of Economics 1(2). www .researchjournali.com/pdf/213.pdf. Heeks, R., Amalia, M., Kintu, R. and Shah, N. 2013. Inclusive Innovation: Definition, Conceptualisation and Future Research Priorities (Development Informatics Working Paper Series no. 53). Manchester, School of Environment, Education and Development (SEED). Kruss, G. and Gastrow, M. 2015. Linking Universities and Marginalised Communities: South African Case Studies of Innovation Focused on c o mmen t 7 . 1 a n n el i n e morgan 331 Livelihoods in Informal Settings. Cape Town and Ottowa, HSRC Press and International Development Research Centre. SADC 2015. SADC Industrialization Strategy and Roadmap 2015–2063. Botswana, SADC. http://sadc.int/files/8314/4007/6006/ SADC_Industrialisation_Strategy__Roadmap.pdf. 332 er ika kra eme r -mb ula an d almamy kon t é COMMENT 7.2 judith sutz Universidad de la República, Uruguay This is a very interesting and comprehensive chapter. I would underline, as a primary merit, its universality: although inspired by and rooted empirically in African cases, it rings bells for other places, even those where informality is not as massive as in the examples provided. Whatever the level of informality, whatever the institutionalization of science, technology and innovation (STI) policies, the divorce described in the chapter between informal endeavors and prevailing knowledge production practices is immediately recognizable. I would like to highlight three features mentioned in the chapter that justify this assertion, giving examples from a small Latin American developing country, Uruguay. First, informal activities are usually invisible in STI policies and to knowledge producers, especially those at universities. To begin with, informal actors are not registered. When a social reality does not have a formal existence it is almost impossible to devise a policy to address it; when actors are not recognized and registered, even if they have well-defined behaviors, they will not become a policy target. A main characteristic of informal actors is their difficulty in uniting around a common set of interests that might give the visibility needed to highlight their vindications. The authors rightly stress the importance of collective arrangements and the key role that intermediaries can play in overcoming these difficulties. But where can such intermediaries be found? There are many NGOs that work specifically with deprived people, but not so many working with informal productive actors. In Uruguay, one of those intermediaries is the Extension Unit at the public university (the University of the Republic in Uruguay). It works with rural workers, artisanal fishermen, informal waste collectors, undertaking various activities, including research on technical matters, in a participatory way. The recognition, for themselves as well as for society at large, of these weakly visualized social actors is a first step toward including them in the design of knowledge policies. The example of informal waste collectors is interesting. After some time working with the Extension Unit, an informal cooperative was formed. But then the following dilemma appeared: the cooperative organization brought dignity to the collectors working life, particularly because it meant that waste classification was no longer carried out in co mmen t 7 . 2 j udi t h s u tz 333 their houses, but such dignity came at a price because they started making much less money than when wives and children had been engaged in the classification work. To find a way to add value to the waste collection and classification, a research project was started, involving social workers, economists and engineers. One of its conclusions was that the workers would need to bypass the commercial intermediaries that buy the outcomes of their work, particularly plastic material, at a very low price. This would require a machine for compacting plastic; since a new one was unaffordable, the challenge was to adapt an old one, and that was achieved. As the authors argue, informal workers need to be recognized and registered to become part of policies, and this needs the figure of intermediaries, whatever their form, to overcome the dispersion, weakness and sometimes a sort of self-dismissive inclination that affect people living in informality. A second feature highlighted in the chapter that I would like to mention is related to the role of universities. It is true that universities are usually far removed from the problems and challenges faced by people working in informal conditions; generally speaking, they do not engage greatly with the problems and challenges of poor people. Why? Researchers at universities study topics either because they find them interesting or because they are requested to and paid by non-academic actors, mainly business enterprises or the government. On top of that, the academic evaluation systems that decide their fate as researchers are gauged mainly on the number of papers they publish in refereed journals – the more mainstream and international, the better. To put the might of universities’ research capacities at the service of the informal workers, be it directly in relation to their trade or indirectly in relation to their living conditions, a different set of goals and incentives need to be put in place. The point is not that everyone must get involved in processes of co-production of knowledge with informal actors, but researchers should be given the material and symbolic means to enable them to do so without being punished academically. At the Uruguayan public university, we know well how difficult this can be. The co-production of knowledge is time-consuming; it requires the development of communication skills that are not so important in more classic research projects. Such co-produced knowledge is usually of local importance and it is not easy to find international journals that will publish the results. However, if several stakeholders at national level start to question the imperialism of the prevailing academic evaluation system because it hampers the possibility of contributing to social and developmental goals, things 334 er i ka k r aemer -mbul a an d a lm am y konté may start to change. In Uruguay, researchers’ representatives in various institutions started a common search for academic evaluation alternatives with the aim of making room for more socially engaged research. Even if tangible results have not yet been achieved, the recognition of a common goal has energized discussions within each institution and this is gaining legitimacy for the issue. This is no small achievement, because it is no longer so easy to dismiss the demand to address the social relevance of research now that several researchers from various institutions are calling for it. A third and final point to highlight from the chapter – selected from several that deserve careful attention – relates to the characteristics of STI policies in relation to the informal economy. I recommend in particular that policy makers and other readers study Table 7.2, which shows policy approaches to the informal economy. The column on current impact on innovation in the informal economy suggests that all the measures and instruments listed seem to have an indirect negative effect, but all have a potential positive effect too, mainly indirect but also direct. Let’s take the first row in Table 7.2, policies to develop the research system: these may have an indirect positive effect on participatory research and socially relevant research involving informal actors. The question is how to realize this potential. A small but nonetheless significant step is to state explicitly when writing STI national plans that the informal economy and the social well-being of marginalized people will be policy targets, with specific plans, specific instruments and specific budgets. This is starting to happen in different Latin American countries, sometimes in an explicit, institutionalized way, as it is the case with the Secretary for Social Innovation within the Brazilian STI Ministry, the Colombian Fund for STI for inclusive development, or the Department of Technology Assessment for Social Demand within the Argentinean Institute for Industrial Technology. In Uruguay, the aim is incorporated into the STI plan, but little has been done so far; however, the fact that the aim is written there constitutes an important to push in this direction. We are talking here about national policies, but there are other policies to develop the research system, particularly those fostered by universities. In the Uruguayan case, the University Research Council has a program called “Research and Innovation Oriented towards Social Inclusion.” It is a competitive call for projects to be funded by the university budget. Such projects differ in several respects from classical R&D calls for projects. For instance, the projects are presented by a university team but need to be backed by an external actor that is directly affected by a problem of co mmen t 7 . 2 j udi t h s u tz 335 social exclusion, or by an intermediary acting on their behalf. The evaluation process includes the classic peer-review examination to assess the scientific soundness of the project, but also interviews conducted separately with the university team and with the external actor to calibrate (1) the extent to which the problem to be researched is a barrier to social inclusion and (2) the degree of interaction among the university team and the external actor during the construction of the proposal. In a period of seven years, around fifty projects have been supported by this program. But perhaps in the long run the most important effect of the program will be in gradually creating awareness among university researchers that social inclusion is an issue that they can and must consider. I hope I have conveyed the intellectual excitement and the reflexive turn induced by reading this chapter. It is a good time for books like this to defy our thinking on these matters. 8 Formulating an Agenda for the Measurement of Innovation in the Informal Economy jacques charmes, fred gault and sacha wunsch-vincent Introduction Measuring the informal economy (IE) and innovation within it remains difficult. This chapter provides two ways forward. Even at the most basic level such as data on employment or production, activities in the IE are not regularly or exhaustively recorded in official national statistics. However, important progress has been made in defining informal employment and informal sector enterprises and providing basic data, as Chapter 1 showed. Providing statistics on and analysis of innovation in the IE will, however, require additional work and the development of novel statistical approaches and indicators. Clearly, the measurement of innovation in the formal sector has improved in the course of the last two decades. Interest has also been growing in tailoring measurement tools to the needs of developing countries. Yet these efforts have hardly been applied to the informal sector. Besides, not all conventional innovation indicators may be appropriate in the context of the IE. The incentives for innovation and its impacts differ at times from those in the formal sector, in particular when a social or community dimension has to be factored in. Building on the preceding chapters and existing work in the field, this concluding chapter aims to shape an agenda for the measurement of innovation in the IE. The discussion is structured in three parts. The first discusses innovation measurement approaches applied to the formal sector, what can be learned from them, and whether the definitions and methods used could be transposed to the informal sector. The second reviews efforts to date to measure the informal sector and explores how to integrate them with efforts to measure the formal sector. This includes consideration of methodological issues relating to sampling and the use of general surveys. 336 a g e n d a f o r meas ur emen t o f innovation 337 Finally, we evaluate the possibility of conducting semi-structured interviews and more ad hoc surveys in informal sectors or clusters within specific countries. In the coming years, new efforts are planned to gather data and better measure innovation in developing countries, such as the third edition of the African Innovation Outlook. This will widen the scope of reporting and analysis to include coverage of innovations in the informal sector (AU-NEPAD 2014). The suggestions in this chapter are intended to lay important groundwork for future empirical work, to help develop appropriate indicators and support new approaches to innovation policy in developing countries. Pragmatic suggestions are formulated, pointing to potential opportunities and challenges. Two viable scenarios emerge: (i) adding a couple of innovation questions to existing large-scale surveys of the IE and/or (ii) conducting ad hoc questionnaire- and interview-based sectoral studies in selected countries, as was done for the country studies in this book. Both options can benefit from lessons learned in conducting the three different but mutually supporting types of innovation and IE surveys, and their respective expert communities, which have different but complementary skills. Measuring Innovation in the Formal Sector and Applicability to the Informal Sector What Innovation Surveys Are Carried Out in the Formal Sector? Since the early 1980s, work has been undertaken to better understand and measure innovation by establishing concepts, guidelines and surveys. The Oslo Manual initiated by the Organisation for Economic Cooperation and Development (OECD) introduced standard definitions and indicators in 1992 (OECD 1992). In paragraph 146 of the third edition of the Manual: “An innovation is the implementation of a new or significantly improved product (good or service), or process, a new marketing method, or a new organizational method in business practices, workplace organization or external relations” (OECD/Eurostat 2005).1 The guidelines have been revised since, in collaboration with Eurostat, the statistical office of the European Commission (OECD/Eurostat 1997, 1 See also paragraph 150: “A common feature of an innovation is that it must have been implemented. A new or improved product is implemented when it is introduced on the market. New processes, marketing methods or organizational methods are implemented when they are brought into actual use in the firm’s operations” (OECD/Eurostat 2005). 338 j acq ues ch ar mes et al. 2005). These guidelines are the starting point for the construction of innovation surveys, most notably the Eurostat Community Innovation Survey (CIS), developed in Europe, which has often been used as the model for ensuing innovation surveys across the world (see Box 8.1). One central aspect of these innovation surveys is that they measure behavior. They ask if the enterprise introduced a new or significantly improved good or service, and they also ask about the introduction of novel organizational activity and marketing activity. The answers provide information about the firm as an innovative firm (OECD/Eurostat 2005, p. 47). There is also a question about ongoing or abandoned innovation activities, a positive response to which classifies the firm as innovation-active (OECD/Eurostat 2005, p. 59). In this well-established innovation framework, innovation activities could include the acquisition of machinery, equipment, software and licenses, engineering and development work, design, training, marketing and R&D where undertaken to develop and/or implement a product or process innovation. Motives to innovate include the desire to increase market share or enter new markets, improve the product range, increase the capacity to produce new goods, reduce costs and so on. In addition to these questions, surveys of innovation in the formal economy include other questions, for example, on the sources of information for innovation, types and drivers of collaboration and expenditures on selected innovation activities. The data obtained are classified by size of the enterprise (number of employees), geography and the industrial sector in which the enterprise operates. This allows size-dependent, geographical and sectoral differences to be revealed through micro-data analysis. Many countries outside high-income economies have adopted these standard innovation survey tools.2 The UNESCO Institute for Statistics and a range of partners, notably RICYT (Red Iberoamericana de Indicadores de Ciencia y Tecnología) with its Bogotá Manual, have produced a set of guidelines on how to implement innovation surveys in developing countries. Estimates suggest that, to date, national innovation surveys have been carried out by ninety-five countries, fifteen of them in sub-Saharan Africa, plus Egypt, Libya, Morocco and Tunisia (see 2 The goal of the UNESCO Institute for Statistics is to apply these standards across the world to create an international database of innovation statistics for countries at all stages of development. See www.uis.unesco.org/ScienceTechnology/Pages/innovation-statistics .aspx. a g e n d a f o r meas ur emen t o f innovation 339 box 8.1 community innovation survey 2012 The harmonized Community Innovation Survey 2012 includes questions which follow eleven themes of inquiry: (1) General information about the enterprise (2) Product (good or service) innovation (3) Process innovation (4) Ongoing or abandoned innovation activities for product and process innovations (5) Activities and expenditures for product and process innovations (6) Sources of information and cooperation for product and process innovation (7) Competitiveness of your enterprise’s product and process innovations (8) Organizational innovation (9) Marketing innovation (10) Public sector procurement and innovation (11) Strategies and obstacles for reaching your enterprise’s goals On product innovation some of the questions are the following: 2.1 During the three years 2010 to 2012, did your enterprise introduce: Yes No Goods innovations: New or significantly improved goods (exclude the simple resale of new goods and changes of a solely aesthetic nature) Service innovations: New or significantly improved services 2.2 Who developed these product innovations? Tick all that apply Your enterprise by itself Your enterprise together with other enterprises or institutions Your enterprise by adapting or modifying goods or services originally developed by other enterprises or institutions Other enterprises or institutions Goods innovations Service innovations Source: Harmonized Community Innovation Survey 2012. 340 jacques c harmes et al. Table 8.1 Innovation surveys in Africa Country Burkina Faso Ethiopia Gabon Ghana Kenya Lesotho Malawi Mali Mozambique Nigeria Senegal South Africa Uganda United Republic of Tanzania (Tanzania) Zambia Egypt Libya Morocco Tunisia Year of implementation of most recent innovation survey Reference period 2009 2011 NA 2012 2012 2012 NA 2012 2009 NA 2012 2008 2012 NA 2006–2008 2008–2010 2010–2012 2008–2010 2008–2011 2009/10–2011/12 NA 2008–2010 2006–2008 2008–2010 2009–2011 2005–2007 2008–2010 2008–2010 2012 2011 NA 2010 2008 2008–2010 2008–2010 NA 2009–2010 2005–2007 Note: Some of these countries conducted both R&D and innovation surveys as part of the NEPAD ASTII project, whereas others such as Nigeria and Zambia conducted only an innovation survey. Source: AU–NEPAD (2010, 2014) and UNESCO Institute for Statistics–UIS Catalogue of Innovation Surveys, report generated on November 18, 2014.3 Table 8.1).4 These surveys are mostly the result of the work on the African Science, Technology and Innovation Indicators (ASTII) program by NEPAD (The New Partnership For Africa’s Development), with involvement from the African Observatory of Science and Technology Innovation (AOSTI).5 3 4 5 See also Box 8.1: Towards a global database of firm-level innovation surveys of the UNESCO Institute for Statistics, in Chapter 1, pp. 38ff., of Dutta and Lanvin (2013). See also UNESCO Institute for Statistics (UIS), “UIS Catalogue of Innovation Surveys, World,” report generated on September 24, 2014. www.nepad.org/humancapitaldevelopment/astii/about. a g e n da f o r meas ur emen t o f innovation 341 The ASTII innovation surveys follow the guidelines of the Oslo Manual and are based on the above-mentioned CIS. The areas of enquiry are (i) product innovation, (ii) process innovation, (iii) ongoing or abandoned innovation activities, innovation activities and expenditure, (iv) sources of information and cooperation for innovation activities, (v) effects of innovation during the last two years, (vi) factors hampering innovation activities, (vii) intellectual property rights and (viii) organization and marketing innovations. Survey findings are well documented in the African Innovation Outlook (AU–NEPAD 2010, 2014) and in country-specific reports. Are Innovation Surveys Designed for the Formal Sector Applicable to Measure Innovation in the Informal Economy? The fact that innovation surveys are now largely deployed in Africa and other developing regions demonstrates significant progress, but some challenges remain. First, among the existing formal sector innovation surveys, the sector coverage varies greatly,6 some values are missing, and because of the differing survey methodologies used, in particular the range of sampling cutoffs, it is difficult if not impossible to make country comparisons. Second, micro and small enterprises in the formal sector might be omitted as well, as participating countries usually exclude firms with less than ten employees from the sample. Arguably, small and microenterprises, which are often on the verge between formal and informal activities, are particularly relevant for the study of innovation system in these countries. Third, by definition, none of these business surveys in the formal economy aims to survey innovation in the informal sector. The first issue can be addressed over time as countries gain more experience and if more resources are available to them. The second issue is receiving attention by the communities designing the innovation surveys, and to ensure that the spectrum of formal micro-firms is not neglected. However, the third issue will continue to be a challenge if action is not taken to address it, as the informal sector will never be covered by full-scale enterprise innovation surveys. We do not regard extending the large-scale innovation surveys to the IE as a viable option. An innovation survey is a business survey and the 6 Some cover manufacturing, some cover mining and service industries while others include sectors such as higher education and research establishments (see AU–NEPAD 2014). 342 j acq ue s ch ar mes e t a l. infrastructure is not present to support it in the informal sector. Adding questions addressing the IE to existing innovation surveys would require their scope and coverage to be expanded to cover the whole universe of economic activity. This would mean that most of the questions would not fit most of the observation units. Moreover, it would be challenging to ensure that questions were tested in informal sector contexts and the survey was then administered accurately. Identifying and properly sampling informal sector entities, deploying a questionnaire and ensuring reliable responses from them is more challenging than when an innovation survey is sent to a standard list of firms in the formal sector, addresses of which can be easily found from business registers. Box 8.2 notes some further methodological difficulties. The bottom line is that efforts to survey innovation in the formal economy should focus on perfecting and harmonizing coverage (including all industrial sectors and sizes of firm), reliability and comparability of results within the formal economy. Informal economic activity should be surveyed separately. However, it is still necessary to consider whether the definitions and questions in formal sector innovation surveys might offer any lessons or templates for surveying the IE, in particular by (i) adding a couple of innovation questions or a short module to existing large-scale surveys of the IE and/or (ii) conducting ad hoc questionnaire-based sectoral studies in selected countries, as done for the country studies in this book. Responses to some core questions on innovation collected from enterprises in the informal sector could provide policy-relevant information to firms in the informal and formal sectors and to governments. At the outset, one might ask if conventional IP and innovation indicators are appropriate in the context of the IE. Innovation activities and actors and the underlying incentives for and impacts of innovation might all be different in the IE from their counterparts in the formal sector, whether of developed or developing countries. As a result, some or all existing indicators, survey instruments, notions of collaboration and linkages, and impact assessment tools may not apply directly in this setting. A thorough review of existing innovation surveys in Africa in the light of our expertise in deploying innovation surveys in Africa’s formal sector allows us to draw the following conclusions.7 7 The Kenya questionnaire is an example taken from the ASTII project (Kenya Ministry of Higher Education, Science and Technology and Kenya National Bureau of Statistics 2012, p. 32). a g e n d a f o r meas ur emen t o f innovation 343 box 8.2 methodological challenges in surveying the informal economy Irrespective of which type of survey is used to ask innovation questions, methodical challenges exist for any statistical survey targeting the informal sector. The first question is how to test the questions to get meaningful results. A CISlike survey consists of a set of questions which ideally will have been tested with businesses in the language used to administer the survey plus a structure that may direct respondents to different parts of the questionnaire depending on their answers to earlier questions. Cognitive testing aims to address the common understanding of the question in the population being surveyed, but it should also take into account linguistic and cultural differences in other jurisdictions if the comparisons of survey results are to be meaningful. Similar testing would need to be carried out in the informal sector to get a sense of the sort of innovation-related questions that we consider later in this chapter, in the section Review of Existing Informal Economy Surveys. Does one get meaningful results to classic innovation survey questions in the informal sector? How great is the likelihood of misinterpretation – if firms in the formal sector in advanced countries interpret CIS questions differently, how reliably does this predict problems in the informal sector as well?8 Second, there are challenges in sampling. For a business survey to provide robust estimates of the variables measured, there must be a survey frame from which a sample is drawn. The frame could be a business register, or the membership list of an industry association or an administrative list used for other purposes than providing a survey frame such as records of firms that pay employment taxes or revenue taxes or records of the registration of firms as a precondition of their doing business. There are two problems here with regard to the informal sector. There is unlikely to be a list of organizations that trade in the informal sector, and such organizations may not have the characteristics of formal sector firms. They may be extended families, interest, faith or tribal groups, or other informal consortia without registration, accounts or an established practice of reporting to government organizations. In addition to the frame, there must be a means of conducting the survey. In developed countries, printed questionnaires are still mailed to respondents who then fill them out and return them. Web-based surveys may also be used. In the informal sector, these techniques are unlikely to work as possible respondents may lack a reliable postal address or Internet access, or indeed a sufficient level of literacy. Moreover, informal operators are unlikely to comply with any obligation to respond to an official statistical survey. As we will explain in more detail in the penultimate part of this chapter, the only option is often to use interviewers to obtain reliable responses in a personal conversation. 8 Even with cognitive testing of questions in one context, there may be comparability issues across jurisdictions. See Arundel, O'Brian and Torgugsa (2013) and the literature cited there. See also the section on Business Innovation Surveys in Wunsch-Vincent (2012). 344 jacques charmes et al. Many of the questions in the CIS-like surveys used now in Africa in the formal sector are appropriate in the informal sector. The informal groups that approximate to firms will know whether they have introduced a new or significantly improved product to the market and whether they have improved their transformation or delivery process, their organization or their market development. They will also know, among other relevant things, what their information sources are, which partners they work with and where learning has occurred. Some changes are needed, modifying or dropping existing questions and adding new ones. For instance, questions on the sources of information for innovation will have to be adjusted to be relevant to respondents in the informal sector. Adaptations are necessary when enquiring about “linkages between the informal and the formal sector,” “learning by imitation of the formal sector” or “innovation co-operation partners.”9 The ways of learning by doing that prevail in the informal sector and the forms of apprenticeship also need to be reflected in the survey. When asking about methods for maintaining or increasing the competitiveness of product and process innovations (e.g. patents or other forms of formal IP, lead time, complexity, secrecy), it will be necessary to consider other options more relevant to informal sector actors, and to pose questions in a form that such actors will understand. Some of the questions in CIS-like surveys do not apply to the informal sector. Technically, reliance on public sector procurement is one example. Similarly, public financial support for innovation activities from government such as subsidies will not be relevant either, although ongoing or emerging policy initiatives such as those described in Chapter 7 of this book will need proper reflection in any tailored survey. Questions on R&D performance and the use of universities and government laboratories as sources of ideas for innovation and of collaboration will also need to be dropped from surveys or significantly adapted. Most other questions can be adapted to the informal sector but will need to be administered by trained interviewers once a survey sample has been identified. In addition, new questions are required in order to understand the informal enterprise and its environment. As Chapters 2 and 3 have shown, informal sector actors are surrounded by various actors and underlying policy frameworks, some of which are different from those of the formal sector. 9 See, in particular, Kawooya (2014) on this point. a g e n d a f o r meas ur emen t o f innovation 345 Finally, the question arises whether transposing formal sector innovation surveys to the informal sector is sufficient to grasp the breadth, depth and expected outcomes of innovation in the IE. Clearly, innovation is only considered from the enterprise perspective in CIS-type innovation surveys. New products, processes or other enterprise innovations and their potential impacts on firm performance are the focus of purely behavioral questions which are not normative in nature, and which are only asked at the firm level without later economywide assessment of economic or social impacts. So a firm can report behavior that shows that it has innovated, but without being certain that this innovation has produced impacts in terms of increased revenues, process efficiency, reduced prices or increased quality. Furthermore, innovation surveys based on the Oslo Manual require innovations to be connected to the marketplace. And formal innovation surveys have a single time scale – usually the last three years; there is no monitoring of previously recorded innovation activities or economic or social outcomes over time. Yet for the IE – and for innovation in developing countries more broadly – the desired measurement could be different and entail more than measuring innovation activity at the firm level in one period. Importantly, the focus on measuring innovation in a “market context” only might well not be sufficient to capture the fuller dimension of these activities.10 Innovation as discussed in the literature on innovation in developing countries is based on concepts which go beyond enterprise innovation and typical firm incentives to innovate, such as increased revenue and market share (AU–NEPAD 2014). Academic and policy discussion of innovation and development now often focuses on themes such as “grassroots,” “frugal,” “inclusive” and/or “social innovation.”11 There is no formally agreed official statistical definition of these innovation- and development-related terms, but various authors have attempted to define this field further. Mashelkar (2012), for instance, describes “[i]nclusive innovation” as “any innovation that leads to affordable access of quality goods and services creating livelihood opportunities for the excluded population, primarily at the base of the pyramid and on a long-term sustainable basis with a significant outreach.” In most 10 11 See Box 1.2 in WIPO (2011). See, for example, Gault et al. (2012), pp. 23–32; Gupta (2012), pp. 28–39; and Radjou, Prabhu and Ahuja (2012). See also Muchie, Lundvall and Gammeltoft (2003) and Mutua and Mbwana (2012). On “social” innovation, see Mulgan, Joseph and Norman (2013). 346 jacques charmes et al. definitions and discussions, the purpose of innovation in terms of improving standards of living – including lower-cost goods and services that meet poor people’s ability to pay – receives attention. Affordability, opportunity and sustainability are connected to the innovation process and outcomes. All of these definitions address specific issues such as inclusiveness or social outcomes which expand on the definition of innovation. No longer is it just putting a new or improved product on the market or finding a better way of getting there; more is required. This has implications for measurement. Importantly, measuring the above types of innovation would require a focus on measuring the social contexts and outcomes of innovation. First, not all transfers in the informal sector are mediated by a market as transfers of goods or services may happen for social or other reasons. New concepts and innovation questions going beyond the Oslo Manual and CIS-type innovation surveys would be required to capture this dimension. Second, if innovation is intended to be “inclusive” or to meet other social objectives, from the measurement perspective it is not sufficient to record the intention of the firm. Actors other than firms, including entire communities, might need to be studied instead. This last point clearly goes beyond the challenge of measuring innovation in the informal sector.12 Furthermore, a one-off survey of one particular entity might not be sufficient to establish whether the innovation did indeed result in greater inclusiveness or any other impact. For this to be done, some sort of survey, most likely a social survey, is required after the innovation has been introduced to the market to assess impacts and, potentially, the innovation’s sustainability. 12 Non-market innovations, innovations by groups, users, consumers and public institutions are commonplace in developed and developing societies alike. The current innovation literature increasingly reflects these forms of innovation, in particular with respect to “user innovation” (see de Jong and von Hippel 2013). Some contributions discuss how to conceptualize and measure “user innovation” by consumers, as opposed to firms (Hienerth, von Hippel and Berg Jensen 2014). In a related fashion, a suggestion has been made that the link to market be replaced by a link to “potential users” to cover user and public sector innovation (Gault 2012). This is still under discussion in the innovation community, but it would, if adopted, include non-market transfers of goods or services in updated definitions of innovation. The discussion of innovation outside market contexts is developing. Once it is more mature, it can usefully cross-fertilize with progress made on conceptualizing innovation in the informal sector. a g e n d a f o r meas ur ement o f innovation 347 The point here is that measuring innovation that meets certain economic or social objectives requires coverage of more than one time scale and several different groups of respondents: the producer, consumers, and so on. Such measurement is possible, but it requires more detailed approaches, more longitudinal studies and certainly more time and money. The ad hoc surveys of innovation in the IE used in this book offer some solutions to above challenges, as they aim to capture some of the social components of innovation. Measurement of the Informal Sector to Date and Scope for Introducing Innovation Survey Questions The previous section considered the usefulness of classic innovation survey questions in informal sector contexts and their possible adaptation. In this section we examine independent current initiatives to measure the informal sector, focusing again on Africa. We suggest how innovation survey questions might be included in existing informal sector indicator exercises by adding a couple of innovation questions or a short survey module to existing large-scale “combined surveys” of the IE. Review of Existing Informal Economy Surveys As described in Chapter 1, there have been ongoing statistical efforts to better define and measure the informal sector over the last three decades, with some notable progress. During the past decade, many surveys of the IE have been carried out across Africa and some of them have addressed some issues regarding innovation. In a few countries they have started to be repeated. As major providers of information for labor force statistics and national accounts purposes, these data collections are expected to become more permanent and continuous and could be developed to include a set of core questions on innovation. Since the early 1990s, and especially after the adoption of an international definition of the informal sector and recommendations for its measurement, mixed surveys – that is, surveys of informal establishments operated by members of sampled households – have blossomed in many countries, particularly in Africa where the concept was born in the early 1970s. Initially, resource constraints meant that many surveys remained limited to capitals, major cities or urban areas. More recently, their 348 j acque s ch ar mes et a l . coverage has become more widespread, covering entire national territories. ILO (2013) provides a detailed picture of the informal sector surveys, and we include some questionnaire extracts at Annex 2 and Annex 3 of this chapter.13 Broadly, mixed surveys include the following approaches: – The 1–2 or 1–2–3 surveys are two-stage or three-stage surveys with a labor force survey as the first stage allowing the identification of the informal economic units which are then surveyed in a second stage through an establishment questionnaire, the third stage being a budget-consumption survey of the households of informal operators. – Ideally, the same questionnaire is used in all countries with marginal changes. Other types of mixed survey may differ from this approach in using a specific questionnaire in each country and also in that the firststage survey is not always a labor force survey. In some countries, the survey can be limited to the first phase only, as, for example, in Mali. – The dedicated modules of LSMS-type14 surveys can be considered, in a sense, as mixed surveys, with the difference that the module is not administered in a second stage but immediately, and within the premises of a household rather than an enterprise. Mixed surveys require expanded samples in order to obtain a representative picture of detailed industries because their universe is not known. Besides these mixed surveys, measurement of the informal sector is being attempted through various other surveys, including various types of combined survey: – In some countries with an establishment or economic census or a functioning business register, establishment surveys might be a useful way of gleaning more information about the IE. – Combined surveys of establishments and household surveys are a valid tool. Here, the existence of an establishment census allows area-based sampling of enterprises in parallel with household surveys for the capture of home-based and mobile activities. 13 14 See also Section 1 and the Annex in de Beer, Kun and Wunsch-Vincent (2013). The Living Standard Measurement Study (LSMS) is a World Bank Programme of surveys addressing the measurement of various dimensions of living conditions of households, including their expenditures and economic activities. a g en da f o r meas ur emen t o f innovation 349 – Dedicated modules on non-farm enterprises in traditional living standard surveys can foster our understanding of the informal sector. – Labor force surveys or other types of household survey which focus on the criteria for the measurement of the informal sector are also in use. Table 8.2 lists the various types of survey implemented at national level in Africa during the two past decades.15 Many countries have conducted or are conducting economic or establishment censuses, generally for national accounts purposes. These censuses are used as listing-based frames for business surveys, including surveys of the informal sector (except home-based or mobile activities), but must be used immediately after their completion as they go out of date rapidly. Table 8.3 and Figure 8.1 summarize data collection on the informal sector in Africa according to the type of survey. In sum, 44.5 percent of African countries have carried out a mixed or a combined informal sector survey in recent years and another 29.6 percent have implemented an informal sector survey of small establishments. Is Innovation Covered in Existing Informal Sector Surveys? If So, How? It is interesting to look at the content of the informal sector surveys to assess the potential for questions on innovation. In particular, two types of survey should be considered for the purpose of surveying innovation in the IE: (i) mixed households/establishments surveys, which particularly suit countries with a large IE, and (ii) combined surveys, which associate a household survey with a separate establishment survey able to capture micro and small enterprises as well as small and medium enterprises, which often escape surveys on the formal sector. The major objectives of the mixed/combined/establishment surveys are to collect data on employment and production for labor force statistics and the compilation of national accounts. The questionnaires are designed to assess the performance of informal micro-enterprises in terms of employment creation (characteristics of workers and of jobs) 15 To this list can be added the numerous 1–2 surveys undertaken in the capital cities of Western Africa at the beginning of the 2000s: Abidjan, Bamako, Cotonou, Dakar, Lomé, Niamey, Nouakchott, Ouagadougou and also Yaoundé, Bujumbura, Antananarivo. Table 8.2 List of countries with informal sector surveys Establishment census/ survey Algeria 2011–12 Tunisia 1997, 2002, 2007, 2012 Mauritania 1992 Rwanda 2006 Mixed survey 1–2 or 1–2–3 Other mixed Combined survey LSMS-type surveys Morocco 1999/2000 and 2006/07 Mali 1989 Egypt 2003, 2004, 2011 Ghana 1995, 2000, 2008 Cape Verde 2009 Guinea Bissau 2009 Mauritania 2012 Niger 2012 Senegal 2011 Burundi 2008 Cameroon 2005, 2010 DR Congo 2004/05, 2012 Comoros 2013 Madagascar 2012 Chad 1995–96, 2011 Nigeria 2010 Rwanda 2005, 2011 Ethiopia 2003 Kenya 1999 Kenya 2015 Uganda 2009/10 Source: Charmes (2014). Note: In italics: urban areas only. Botswana 1999, 2007 Mozambique 2004 Namibia 2008 South Africa 2002, 2005, 2009, 2013 Madagascar 2001, 2002, 2004, 2005, 2010 a g e nda f o r mea s ur emen t o f innovation 351 Table 8.3 Types of surveys for the measurement of the informal sector, by sub-regions in Africa Northern Africa Mixed surveys (1–2 or 1–2–3) Mixed surveys (others) Combined surveys Establishment censuses and surveys LSMS-type surveys Labor force surveys Total number of countries Western Africa 1 Middle Africa 6 4 1 1 3 1 4 1 6 1 1 4 14 Southern Africa 6 Africa 2 13 4 9 1 9 4 Eastern Africa 2 1 15 2 2 11 3 8 16 4 12 40 Source: Charmes (2014). Note: Several types of survey may be used in a country. No survey 25.9% All types of surveys 74.1% Labour force surveys 31.5% LSMS-type surveys 20.4% Establishment censuses and surveys 29.6% Combined surveys 3.7% Mixed surveys (others) 16.7% Mixed surveys (1–2 or 1–2–3) 24.1% 0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 Figure 8.1 Proportion of countries using different types of survey in Africa Source: See Table 8.2. Note: Values in percent of 54 countries in Africa. 0.8 352 j acq ues ch ar mes et al. and generation of output, value added, production costs, entrepreneurs’ income and also – less systematically – capital formation and assets. Regarding the characteristics of the workforce, the following information is most commonly collected: sex, age, education level, type of training received and needed, number of years of experience, skill level, stability, type and amount of remuneration. Because they are embedded within very large questionnaires, the modules on non-farm enterprises operated by household members are strictly limited to the collection of quantitative data on labor, intermediate consumption and costs, assets, revenue and net income and inventory, as in the Ghana Living Standards Survey (GLSS). The only qualitative information refers to the most serious difficulties encountered in establishing (capital, credit, technical know-how, government regulations, other). Furthermore, as these surveys are not conducted within the premises of the establishment, they are unlikely to be a source of information on innovation. Some other types of IE surveys do sometimes include questions which come closer to covering innovation (see Annex 2 and Annex 3), including questions about competition, difficulties/barriers and prospects. Stage 2 of the 1–2–3 surveys – the mixed informal sector surveys popularized in Western and Central Africa – are typical in this regard. These surveys produce information about the constraints confronting informal sector operators and the solutions that they adopt. They also collect some data on sub-contracting: Is the informal sector enterprise sub-contracting with other informal firms or home-based workers? Is the informal firm sub-contracted by some other informal or formal enterprise? However, it is difficult to capture from such questions in mixed surveys data resembling the questions about product, process, marketing or organizational innovation obtained through surveys of innovation in the formal economy. Combined surveys such as those carried out in Egypt, Kenya and Nigeria are a better way of collecting data on innovation, for at least two technical reasons: (1) Area-sampling based on establishment surveys ensures a sufficient number of economic units in the various detailed industries. Specifically, it allows for regular updating; for example, once the areas have been selected with a probability proportional to the number of establishments, a complete new enumeration of the selected areas can be implemented. Consequently, the detailed a g e n da f o r meas ur emen t o f innovation 353 questions on innovation are likely to provide a more accurate picture than if they are addressed to a majority of lesser concerned IE actors, for example, street vendors or informal units dedicated to trade activities. (2) Combined surveys allow flexible sampling ratios in order to reach a sufficient number of units in major industries and small and medium-sized establishments. They go beyond home-based or mobile activities and micro-enterprises and also target small and medium-sized entities, so covering a fuller range of informal economic activities. Traditional mixed surveys tend to cover a huge number of trade establishments but only a small number of manufacturing establishments and small and medium-sized establishments. However, a realistic approach is required. First, combined surveys require an establishment census to be implemented at a single point in time, which is costly. Second, while combined surveys offer more flexibility in this regard, it is generally difficult to change the design of survey questionnaires where they have been tested and used for a long time. Third, this type of survey is better suited to more advanced developing countries such as Kenya and Nigeria, where the number of small enterprises is significant and not well covered by the surveys of the formal sector. Less developed countries are unlikely to be well covered by such an approach. There is a need to ensure that the scope and coverage of informal sector surveys are geared to the size of firm, and that discrepancies between the scope and coverage of innovation surveys and the scope and coverage of informal sector surveys do not effectively exclude intermediate enterprises. With these caveats in mind, we can suggest a starting point for integrating innovation questions in combined surveys. Some of the few existing combined surveys already make a significant effort in this direction. The Kenya Micro Small and Medium Enterprise (MSME) Survey is a good example. The questionnaire is comprised of several modules (see Annex 3 for some portions of the questionnaire), including questions designed to collect information on entrepreneurial dynamics and innovation: (1) The modules on employment and workers collect data on skills development received and required by operators, as well as inservice training for employees. 354 j acq ues ch ar mes e t al. (2) The module on business expenditure collects information on the cost of licenses issued, advertising costs, product innovation, process innovation and social responsibility. (3) The module on access to information and amenities includes access to electricity, telephone and computer services. (4) The module on business income and seasonal variations includes a section titled “Product, Process and Marketing Innovation” with four questions that resemble CIS-type innovation surveys: (a) During the period 2009 to 2013, did you introduce new or significantly improved goods or services? Yes/No (b) During the period 2009 to 2013, did you introduce new or significantly improved methods of manufacturing or producing goods or services? (c) During the period 2009 to 2013, did you implement a new marketing method involving significant changes in product design or packaging, product placement, promotion or pricing? (d) Please estimate the total turnover in 2013 of goods and services innovations introduced in 2013 (Kenyan shilling, KSh). (5) The module on capital and technology comprises six questions which also survey the amount and sources of initial and additional capital, the types of equipment, the type and sources of technological advice and support, and the use of information and communication technologies. (6) The module on business organization and marketing comprises seven specific questions on marketing relating to how prices are set, information about buyers, sub-contracting, marketing innovation (advertising, etc.) and customer feedback mechanisms. In sum, questions on all four types of innovation are included, in addition to questions about various sources of information (technical advice, customer feedback, etc.) and cooperation. Building on this excellent start and the formal innovation survey questions, four to five innovation survey questions could be formulated and surveyed through combined surveys in a more systematic manner and in more countries. The African Observatory for Science, Technology and Innovation (AOSTI) could be asked to review the results of the resulting country initiatives and to convene meetings to review what is working in more than one country, which could give rise to an African-wide measurement initiative. a g e n da f o r meas ur emen t o f innovation 355 Assessment of Informal Sector Innovation via Qualitative, Structured Interviews and Questionnaires An alternative option is to undertake more ad hoc surveys based on semistructured interviews in particular sub-sectors or clusters of the IE in specific countries. This is the method applied for the sector- and countryspecific studies featured in this book and for most existing sector-specific studies on the informal sector.16 In the context of the IE, and given the aforementioned methodological challenges, this more flexible and qualitative survey approach is often more satisfactory. Indeed, personal interviews using semi-structured questionnaires are often the only way of securing high-quality survey replies, especially from respondents in remote locations. The respondent does not need reading or writing skills, and the statistical infrastructure requirements are also much lower than those for a large-scale official statistical survey. Alongside such practical considerations, this method might also be better in contributing to our understanding of how innovation happens in the IE, where ideas from innovation come from, how skills are acquired, how the benefits are appropriated, and what the economic and social context and outcomes of the innovation are. The approach allows for a mixture of open-ended and closed questions. The interviewer can adapt the interview in light of the responses more dynamically than if a rigid, written-only survey tool was employed. A more open and qualitative format might also be necessary in light of the huge heterogeneity of the informal sector; a single standard questionnaire with identical terms and questions might not appropriately capture important nuances. Importantly, the structured interview technique is often the only way of building trust with the respondent so as to obtain any reply at all. The experience with the personalized surveys featured in this book showed that gaining the trust of interviewees was critical to obtain reliable answers, particularly when asking about such sensitive topics as 16 This section draws heavily on Kraemer-Mbula and Tau (2014), Bull et al. (2014), Kawooya (2014) and Essegbey et al. (2014), and also benefited from the outcomes of the WIPO and IERI International Workshop on “Innovation, Intellectual Property and the Informal Economy,” Pretoria, on November 19–21, and the work of Open AIR. Finally, the insights generated by Fu et al. (2014), a recent project designed to collect detailed information on the innovation activities of more than 500 formal and informal firms in Ghana, is also taken into account. 356 j acq ues ch ar mes et al. the sources of knowledge which contributed to innovation or which appropriation methods, including secrecy, the respondent was relying on to protect his or her innovation. For this reason, the first, rare field studies of the informal sector in the 1970s and 1980s combined qualitative, more anthropological survey approaches with other statistical techniques (see Box 8.3). These methods are well accepted outside economics and statistics, in particular in the disciplines of law, management, political science, sociology and anthropology. However, this area of enquiry is still recent and workable survey templates are only developing. In the remainder of this chapter, we suggest some general lessons and good practice based on recent survey work performed in the informal sector. Conducting this type of ad hoc, semi-structured survey is far from straightforward. It requires particular methods, survey forms, interview techniques and experience. Specifically, when surveying the informal sector three main nonprobability sampling techniques are often used separately or together to make the sample more representative, namely (i) purposive, (ii) snowball and (iii) quota sampling methods. All three approaches are timeintensive, as the actual interview process might involve making initial contact, then reverting to the respondent once or several times to go through the survey questions. Some learning by doing by the interviewer also occurs, as the interview techniques and the nature of the questions can be perfected or adapted over time and case by case. In the case of purposive sampling, a sample is drawn purposively from available lists or association members; for example, Essegbey et al. (2014) used a list of registered Traditional Herbal Medicine Practitioners in Ghana obtained from the Traditional Medicine Practice Council (TMPC). In this case, the researcher needs to exercise their judgment in selecting the units that are being targeted. The snowball interview technique, also called the chain referral sampling method, is commonly used for the identification of rare populations for which registers do not exist. The researcher starts with some recommended interviewees, then asks them to help refer subsequent interviewees. In the case of the study of informal home and personal care product manufacturers in South Africa featured in Chapter 4 of this book, for instance, an initial set of nine companies was identified in collaboration with two technology incubators and two business incubators (Kraemer-Mbula and Tau 2014). The rest were referrals emanating from the interviewees. Konté and Ndong (2012) also provide an example a g e n d a f o r meas ur emen t o f innovation 357 box 8.3 early studies on apprenticeship, learning by doing, knowledge sharing and innovation in the informal sector in tunisia What follows is largely based on the knowledge acquired at the end of the 1970s and the beginning of the 1980s from structured interviews with a sample of artisans in Tunisia. The respondents were based in the main cities and worked in furniture-making, shoe-making, metal-working, textile and clothing and mechanical repairs. From hundreds of hours of tape-recorded interviews transcribed and translated from spoken Tunisian Arabic, several interesting observations emerge with regard to innovation, IP and transmission of knowledge. The entrepreneur-craftsmen were identified through the so-called snowball method, that is, they were introduced to the interviewer by a mutual acquaintance. There was no reference to the informal sector when they were approached, because no one would have admitted belonging to what could be seen as an illegal sector. The research method was qualitative and anthropologic. After a brief presentation of the objectives of the study, the interview started by asking about the interviewees’ biography: how they learned their craft, how they had opened and run their own workshop, how they organized their work, their suppliers, clients, workers, how they presently saw their role toward their own apprentices and what they regarded as their main problems at a time of stiff competition. To give a sense of the complex and nuanced insights generated, one lesson learnt concerned the important role of apprenticeship in the sector. Many of the entrepreneurs interviewed explained that they had to steal the secret of their trade from their “master,” to test their knowledge hidden from their boss, but ultimately to show him the results in order to be acknowledged, gain his confidence and receive “the key to the workshop” and eventually his blessing to open their own shop. This kind of selection is interesting. It involves a highly effective means of education, learning by doing, which also gives the young apprentice a sense of responsibility. Furthermore, the existence of a “secret” clearly shows that small entrepreneurs have a precise sense of their IP, and that they are eager to protect it from competitors and safeguard their reputation. They know perfectly well what innovations they have introduced and what “makes the difference” between their work and that of others. Interestingly, the resulting study was the first step in what was to become the first national survey of the informal sector for national accounts purposes. Source: Charmes (1978, 1979, 1981, 1982) of a case study in the ICT sector where the sample was built using this technique of interviewing traders in a market, gaining trust and introductions to other traders who, in turn, provided links to more traders. Experience shows that interviewees are more willing to provide names of 358 j acq ues ch ar mes et al. other potential participants after they have responded to the interview themselves. When sampling following these first two methods, care must be taken to try and survey the relevant populations in a representative manner, that is, having a fair distribution in terms of gender, hierarchical levels (e.g. master versus apprentice, head of the entity versus informal worker), types of actors in the informal sub-sector, and so on. The starting point for the quota sampling method is that a preliminary knowledge of the population to be surveyed already exists. Quota sampling then consists of selecting an equal and small number of various predetermined fractions of the population in terms of gender, age, activity and so on, and proceeding to pick respondents using “itineraries.” An itinerary is defined in the area to be surveyed, and all units in that itinerary are surveyed until a fraction is completed. Once a fraction is completed, no more units from within that fraction will be surveyed. The process continues until all fractions are completed.17 In all three methods, bilateral interviews are sometimes replaced by focus group discussions. Rather than just surveying the innovative firm or entity as in CIS surveys, it is attempted in these ad hoc interview-based approaches also to survey a broader set of actors of the relevant innovation ecosystem (see Kraemer-Mbula and Tau 2014, Bull et al. 2014 and Essegbey et al. 2014). Specifically, the following entities are also surveyed: (i) formal companies supplying informal manufacturers, including contract manufacturers; (ii) the customers of the IE entity, which often play an important role as source of knowledge (see Chapter 3), (iii) government and regulatory bodies, (iv) intermediary organizations engaged in knowledge transfer, (v) associations representing the informal cluster (e.g. the jua kali association), (v) NGOs working to promote innovation and the understanding of IP in the informal sector, and finally, (vi) agencies providing training and skills. In terms of interview and survey format, rigorous interview guidelines and formats must be agreed at the outset and followed throughout the survey deployment. As outlined above, the interview templates include 17 Let us take the example of informal metal workers in Nairobi who are concentrated in a given metropolitan area. An itinerary is defined in this area and a priori criteria are decided – gender, age, type of products, and so on. The first metal workshop on the itinerary is surveyed as long as it belongs to the informal sector. The itinerary is pursued until a sufficient number (be it five, ten or twenty) of observations for each criterion or set of criteria is completed in each group of interviewee types. a g e n d a f o r meas ur emen t o f innovation 359 both open and closed questions to allow them to capture unexpected phenomena and personal experiences that would inform the study (Kraemer-Mbula and Tau 2014). The aim in interviewing is to generate a conversation with the respondent, preferably at the location where manufacturing and/or retailing of products takes place. As Fu et al. (2014) put it, relevant findings sometimes emerge during informal discussion with a respondent before or after the interview. One option is to leave interviewing in the hands of few experienced interviewers, obviously limiting the sample size but ensuring that nuances can be captured appropriately. The other option is to aim at a more standard questionnaire which is followed rigorously with closed questions, such as yes-or-no answers or a set of response options. In this case, more general staff enumerators can be recruited and trained for data collection. The potential closed answers need careful prior study to appropriately anticipate the range of potential replies in the particular IE sub-sector or cluster. Where possible, and as usual for official statistical surveys, questionnaire surveys should be tested in a pilot before the full survey is rolled out. It can be helpful to conduct a preliminary study based on in-depth case studies of a small sample of respondents in the IE, to better design the more formal questionnaire and survey work later (see Fu et al. 2014). In practical terms, all interviews are recorded and transcribed, helping to gather the data and for purposes of later data cleaning and validation. The data can be collected manually or with the aid of Personal Digital Assistants (PDA).18 As in the case of Chapters 3–5, visual documentation through pictures is undertaken to complement the interview results. They illustrate the range of innovative products or processes, the variations in details of specific products, and the adaptation of products that takes place. As with regular surveys, it is helpful if the benefits of the survey are clear to the respondent (so-called benefit sharing), for example, by indicating that the survey results with help influence policy and or that the survey will positively impact on the informal sector. Also, promising to validate responses with respondents and to share the overall results of the 18 As Fu et al. note (2014), “the use of PDAs supports the work of enumerators, allowing them to code consistency checks during the interview and systematic skips. Since the data is already entered in a digital format, no other data entry is needed, which saves time and as a system is less prone to mistakes. However, PDAs bring some disadvantages compared to paper-based surveys, mainly in terms of the reliability of the devices and the computer skills needed to use them.” 360 j acq ues c h ar mes et al. survey is known to increase the number and the quality of responses (socalled validation and restitution). Restitution is also a matter of ethics in social sciences. In terms of substance, the survey questions deployed for the studies in this book draw on approaches and questions used in formal CIS-type innovation surveys. Importantly, however, the shared template also relies on significant adaptation to the informal sector generally, and to the specific sub-sector being studied. Annex 1 contains the survey templates used in the fieldwork for this book (annexes 1.1, 1.2 and 1.3). It also contains surveys for a case study in Uganda (Kawooya 2014) and a study of the ICT sector in Senegal (Konté and Ndong 2012) (annex 1.4 and annex 1.5 respectively). The sequence of questions, their exact content and formulation varies across our various survey tools, but they feature the following central elements: • The first survey section usually asks general information about the interviewee – standard demographic variables such as age or gender. Interestingly, and as opposed to formal enterprise innovation surveys, the questionnaire is focused strongly on the respondent himself or herself, be it the owner or an employee. Questions as to his or her educational background and time spent in the cluster are included. The religious or ethnic group and language of the respondent are surveyed as well. • In addition, respondents are asked about the nature of the firm and work, such as the type of business, its field of activity, its premises, its geographical location and, when the owner is surveyed, the numbers of employees, revenues and other firm performance indicators. • One particularity of these IE surveys is that in addition to religion and ethnic group, they also often enquire about social values which might have helped in contributing to the economic success of the entity, such as solidarity, sharing, dialogue, hospitality, courage and reserve, as in Konté and Ndong (2012). • The remaining sections cover in different forms the themes discussed in Chapter 2, namely (i) the level and nature of innovation activities, including with questions relating to imitation and adaptation versus originality (“Is this product your original design?”), (ii) sources of information and knowledge, (iii) innovation partners and collaborators, with a focus on useful network and linkages, (iv) innovation endowment and capacity in terms of skills, apprenticeships, teaching a g e n da f o r meas ur emen t o f innovation 361 and learning (“Where did you learn the process of making the product from?”), (v) obstacles to innovation, (vi) support measures and the role of the national or local governmental authorities, and finally, given the specific focus of our questionnaires, (vii) the role of various methods to appropriate innovation investments such as lead time, secrecy and formal IP rights. The language of questions about innovation activities is simpler than that used in formal sector innovation surveys. Examples are: “Have you originated a new product/changed the process of producing the product since you started working? Why? Where did you learn about the new process? Do you do any research to improve the process of production? Did any of the following institutions assist you in overcoming production weaknesses? What benefits did you have from the change in process?” The surveys also broach the topic of product design, enquiring whether the design is original or modified. With respect to the various forms of innovation, and similar to the Kenyan MSE survey mentioned in the section above on “Measurement of the informal sector to date and scope for introducing innovation survey questions,” a number of questions are devoted to commerce and marketing strategies as they relate to pricing, customer relations and supplier relations. A central concern of these questionnaires is also to identify the potential desire to scale up activity and the obstacles to scaling-up. Significant attention is then spent on apprenticeships and on-the-job or other training, and the supply and diffusion of skills, for example: “Where have you learnt your craft? What is the relationship with your trainer? Do you provide training on production processes?” A number of questions try to disentangle the possible shared sources of knowledge in the cluster, such as “Are your products based to some extent on indigenous and/or traditional knowledge?” The portability of skills and knowledge from one job to another is also an area of enquiry (“When you move jobs, do you keep or share the secrets of production from your previous employer?”). The topic of knowledge flows and collaboration in the cluster, and reasons for and against it, is also surveyed intensively. A number of questions are particularly concerned with the determinants of cooperation, for example, underlying personal relationships such as family ties or friendships, or factors which relate to geographical proximity or belonging to the same association, cluster, community or another social or professional group. Care is applied when surveying collaboration among the different potential partners (e.g. suppliers, producers and 362 j acque s ch ar mes et a l . customers). The role of private or government associations as a source of information and knowledge is surveyed. To conclude, significant portions of the interviews are also dedicated to the different methods which informal sector participants might use to appropriate their innovation efforts, ranging from lead time and secrecy to more formal IP rights, for example: “What mechanisms do you use to protect your innovation or innovative ideas? Are you concerned with possible commercialization of your innovations without your knowledge or consent? What forms of appropriation are most appropriate for your sector (list of options indicated)?” As Chapters 3–7 of this book show, the surveys generated rich and interesting insights into informal sector innovation and knowledge sharing. As with the previous qualitative work described in Box 8.3, it could be argued that the experience and results generated from these surveys are a necessary stepping-stone toward better formulating and deploying large-scale formal innovation surveys as well. Conclusions and Next Steps The suggestions in this chapter are intended to lay important groundwork for future empirical work, for the development of appropriate indicators and to support new approaches to innovation policy in developing countries. Two viable scenarios emerge: (i) adding a couple of innovation questions or a small survey module to existing large-scale surveys of the IE and/or (ii) conducting ad hoc questionnaire- and interview-based sectoral studies in selected countries. As discussed in this chapter, option (i) is only relevant for countries able to produce population estimates and where the possibility of running combined surveys exists. To facilitate progress on option (i), further work should be encouraged to develop a core set of innovation-related survey questions, some from Eurostat’s CIS and some from the informal sector surveys that we have described. In Africa, this work could be supported by AOSTI and AU/ NEPAD. At the outset, a short set of questions could be suggested to the stakeholders of the mixed surveys, if they were convinced of the value of such an approach for the understanding of the dynamics of the informal sector in Africa. Stakeholders might, for example, include Afristat and DIAL, Eurostat and Paris21, and the ILO. But the better approach is combined surveys. To this end, the stakeholders to be a g e n d a f o r me a s u r e m e nt o f i nn o v a t i o n 363 approached are the departments of economic statistics within the national statistical offices and at the African Centre of Statistics at UNECA, and also employers’ associations in certain countries which are sometimes involved in the design and implementation of such surveys (for instance in Nigeria). After experience is gained, a standardized AU survey of IE activities, including innovation and IPR use, could be considered. The theme could be picked up in future editions of the African Innovation Outlook. Work in other regions should be considered too, in particular Latin America and South East Asia. The OECD started to revise the Oslo Manual in 2015, and there will be consideration of new areas of interest such as public sector innovation, user innovation and social innovation. There could also be a discussion of where innovation happens – in the formal sector and in the informal sector – and how guidelines for each would differ. It helps that the AU (both AOSTI and NEPAD), South Africa, RICYT (and Chile, Colombia and Mexico), Brazil, China, India and the Russian Federation are involved in the revision process. In the meantime, the second option of more ad hoc questionnaire- and interview-based surveys in selected countries is the more promising one. Studies and results can be obtained more quickly, and sector studies based on more qualitative work could be more effective in helping us develop a rich understanding of innovation in the informal sector. In turn, this will also help formulate better questions to be included in systematic large-scale surveys as developed under option (i). The survey templates, experiences and results generated as part of this book, and summarized in this chapter, could be helpful to further research. Similarly, work will be needed to build common approaches among the academic and statistical community on how to better run these surveys. Ideally, AOSTI would agree to act as an archive for and coordinator of the related discussion as this work moves forward. Taken together, this work will be an important contribution to our developing understanding of innovation in the informal sector. References African Union–New Partnership for Africa’s Development (AU–NEPAD) 2010. African Innovation Outlook 2010. Pretoria, AU-NEPAD. African Union–New Partnership for Africa’s Development (AU–NEPAD) 2014. African Innovation Outlook II. Pretoria, AU-NEPAD. 364 jacques charmes et al. Arundel, A., O’Brian, K. and Torgugsa, A. 2013. “How firm managers understand innovation: implications for the design of surveys,” in Gault (ed.) Handbook of Innovation Indicators and Measurement. Cheltenham, UK and Northampton, MA, USA, Edward Elgar, pp. 88–108. Bull, C., Daniels, S., Kinyanjui, M.N. and Hazeltine, B. 2014. “Country study on innovation, intellectual property and the informal economy: the informal metalworking sector in Nairobi,” report prepared for the Committee on Development and Intellectual Property (CDIP): Thirteenth Session, CDIP/13/INF/3 ANNEX. Geneva, WIPO. Charmes, J. 1978. Recueil d’interviews auprès de menuisiers et ébénistes de Tunis et de Sfax. Tunis, Institut National de la Statistique. http://horizon .documentation.ird.fr/exl-doc/pleins_textes/pleins_textes_7/carton03/ 02833.pdf. Charmes, J. 1979. Recueil d’interviews auprès de mécaniciens et garagistes de Tunis. Tunis, Institut National de la Statistique. http://horizon .documentation.ird.fr/exl-doc/pleins_textes/pleins_textes_7/carton03/ 02835.pdf. Charmes, J. 1981. Recueil d’interviews auprès de fabricants de chaussures de Tunis et de Sfax. Tunis, Institut National de la Statistique. http://horizon .documentation.ird.fr/exl-doc/pleins_textes/pleins_textes_7/carton03/ 02834.pdf. Charmes, J. 1982. “L’apprentissage sur le tas dans le secteur non structuré en Tunisie,” in La politique de l’emploi-formation au Maghreb. 1970–1980, collection Etudes de l’Annuaire de l’Afrique du Nord, Annuaire de l’Afrique du Nord, année 1980, pp. 357–96. Also published in Cahiers ORSTOM, série Sciences Humaines, 1985, 21(2–3), pp. 305–28. http:// horizon.documentation.ird.fr/exl-doc/pleins_textes/pleins_textes_4/sci_ hum/36878.pdf. Charmes, J. 2014. “The Measurement of the Informal Sector and Informal Employment in Africa and its Use in National Accounts.” Report for the African Centre for Statistics. Addis Ababa, United Nations Economic Commission for Africa. de Beer, J., Armstrong, C., Oguamanam, C. and Schonwetter, T. (eds.) 2014. Innovation and Intellectual Property: Collaborative Dynamics in Africa. Cape Town, UCT Press. de Beer, J., Kun, F. and Wunsch-Vincent, S. 2013. “The Informal Economy, Innovation and Intellectual Property – Concepts, Metrics and Policy Considerations,” WIPO Economic Research Working Papers No. 8. Geneva: Economics and Statistics Division, World Intellectual Property Organization. de Jong, J.P.E. and von Hippel, E. 2013. “User innovation: business and consumers,” in Gault, F. (ed.) Handbook of Innovation Indicators and a g e n d a f o r me a s u r e m e nt o f i nn o v a t i o n 365 Measurement. Cheltenham, UK and Northampton, MA, USA, Edward Elgar, pp. 109–32. Dutta, S. and Lanvin, B. (eds.) 2013. The Global Innovation Index 2013: The Local Dynamics of Innovation. Ithaca, Fontainebleau and Geneva, Cornell University, INSEAD and WIPO. Essegbey, G.O., Awuni, S., Essegbey, I.T., Akuffobea, M. and Micah, B. 2014. “Country study on innovation, intellectual property and the informal economy: traditional herbal medicine in Ghana,” report prepared for the Committee on Development and Intellectual Property (CDIP): Thirteenth Session, CDIP/13/INF/2 ANNEX. Geneva, WIPO. Fu, X., Zanello, G., Essegbey, G., Hou, J. and Mohnen, P. 2014. Innovation in Low-Income Countries: A Survey Report for the Diffusion of Innovation in Low-Income Countries Project (DILIC). DFID-ESRC Growth Research Programme. Oxford, Oxford University Press. Gault, F. 2012. “User innovation and the market,” Science and Public Policy 39 (1): 118–28. Gault, F., Bell, M., Kahn, M., Muchie, M. and Wamae, W. 2012. “Building capacity to develop and use science, technology and innovation indicators for grassroots innovation,” African Journal of Science, Technology, Innovation and Development 4(3): 22–31. Hienerth, C., von Hippel, E. and Berg Jensen, M. 2014. “Innovation as consumption: analysis of consumers’ innovation efficiency,” Research Policy 43: 190–201. ILO 2013. Measuring Informality: A Statistical Manual on the Informal Sector and Informal Employment. Geneva, ILO Department of Statistics. Kawooya, D. 2014. “Informal–formal sector interactions in automotive engineering, Kampala,” in de Beer, J., Armstrong, C., Oguamanam, C. and Schonwetter, T. (eds.) Innovation and Intellectual Property: Collaborative Dynamics in Africa. Cape Town, UCT Press, pp. 59–76. Kenya Ministry of Higher Education, Science and Technology and the Kenya National Bureau of Statistics 2012. The Kenya Innovation Survey Report 2012. Nairobi, Kenya Ministry of Higher Education, Science and Technology and the Kenya National Bureau of Statistics. Konté, A. and Ndong, M. 2012. “The informal ICT sector and innovation processes in Senegal,” African Journal of Science, Technology and Innovation 4(3): 61–97. Kraemer-Mbula, E. and Tau, V. 2014. “Country study on innovation, intellectual property and the informal economy: informal manufacturers of home and personal care products in South Africa,” prepared for the Committee on Development and Intellectual Property (CDIP): Thirteenth Session, CDIP/13/INF/4 ANNEX. Geneva, WIPO. 366 jacques c harmes et al. Mashelkar, R.A. 2012. “On building an inclusive innovation ecosystem,” presentation, November 21, 2012. Paris, OECD Publishing. www.oecd.org/sti/ inno/K_Mashelkar.pdf. Muchie, M., Lundvall, B.-Å. and Gammeltoft, P. 2003. Putting Africa First: The Making of African Innovation Systems. Aalborg, Aalborg University Press. Mulgan, G., Joseph, K. and Norman, W. 2013. “Indicators for social innovation,” in Gault (ed.) Handbook of Innovation Indicators and Measurement. Cheltenham, UK and Northampton, MA, USA, Edward Elgar, pp. 420–40. Mutua, W. and Mbwana, A. 2012. Innovative Africa: The New Face of Africa, Essays on the Rise of Africa’s Innovation Age. Nairobi, Afrinnivator.com. OECD 1992. OECD Proposed Guidelines for Collecting and Interpreting Technological Innovation Data – Oslo Manual, OCDE/GD (92)26, Paris, OECD Publishing. OECD/Eurostat 1997. Proposed Guidelines for Collecting and Interpreting Technological Innovation Data, Oslo Manual. Paris, OECD Publishing. OECD/Eurostat 2005. Oslo Manual, Guidelines for Collecting and Interpreting Innovation Data. Paris, OECD Publishing. Radjou, N., Prabhu, J. and Ahuja, S. 2012. Jugaad Innovation: Think Frugal, Be Flexible, Generate Breakthrough Growth. Hoboken, NJ, Jossey-Bass. WIPO 2011. “Chapter 1: The changing nature of innovation and intellectual property,” World Intellectual Property Report 2011: The Changing Face of Innovation, WIPO Economics & Statistics Series. Geneva, WIPO. Wunsch-Vincent, S. 2012. “Chapter 4: Accounting for science-industry collaboration in innovation: existing metrics and related challenges,” in Dutta, S. (ed.) The Global Innovation Index 2012: Stronger Innovation Linkages for Global Growth. Geneva and Fontainebleau, INSEAD and WIPO, pp. 97–107. c o mmen t 8 . 1 p h i l i p p e ma woko 367 COMMENT 8.1 philippe mawoko African Observatory for Science, Technology and Innovation, African Union Commission There is a need to measure innovation in the informal sector to support science, technology and innovation (STI) policy development and implementation in Africa. The 21st Ordinary Session of the Assembly of Heads of State and Government of the African Union, held in June 2013, endorsed “Agenda 2063: the Africa We Want” as the strategic framework for an inclusive and sustainable socio-economic development of the continent for the next fifty years. The Agenda set STI as one of its pillars: science, technology and innovation shall be harnessed in order to improve the lives of Africans, whose number will reach two-and-a-half billion by the time the Agenda comes to completion.19 As far back as the 1980s, the Lagos Plan of Action for the Economic Development of Africa pointed out that the informal sector was intertwined with most of the “formal” socio-economic sectors in Africa, and that it was growing to encompass the majority of the African population as the classic job market became saturated.20 The Lagos Plan of Action called for a special attention to be given to the informal sector in order to achieve sustainable industrial development. With innovation taking a central place in the development process, the provision of data and appropriate indicators to support policy making becomes a necessity. In this context, the newly adopted STI Strategy for Africa (STISA-2024) recommends that the African economies be innovation-led.21 Innovation could then become the answer to achieving the objectives of Agenda 2063 by addressing the common challenges that Africa faces. These include creating jobs, eradicating hunger, achieving food security, preventing and controlling diseases, improving well-being, protecting resource endowments and strengthening physical and institutional infrastructure. By and large, there is a noticeable effort to measure innovation in the “formal” economic sectors in Africa in order to understand the role it 19 20 21 Population data drawn from the World Bank at http://data.worldbank.org/data-catalog /population-projection-tables. See OAU (1982), chapter V. STISA-24 was adopted by the African Union Heads of State and Government at its 23rd Ordinary Session in June 2014, see www.hsrc.ac.za/en/events/seminars/science-tech-and -innovation-strategy. 368 jacques charmes et al. plays in development, but the same cannot be said for innovation in the informal sector. This holds true even though this part of the economy contributes about 50 percent of sub-Saharan Africa’s gross domestic product (GDP) and 80 percent of its labor force.22 Measuring innovation needs a focus on the informal economy in the African and other development-related contexts. Exploring How Innovation Is Measured in the Informal Sector Experience in implementing the African Science, Technology and Innovation Indicators Initiative (ASTII) indicates that although the term “innovation” is widely used among stakeholders in Africa, it means different things to different people.23 Therefore, building innovation indicators, carrying out statistical measurement related to innovation and supporting innovation policy-making will require sufficient knowledge of the subject matter and proficiency in the language of discourse. Indeed, these are challenges but also opportunities to learn more about “innovation,” especially how the knowledge acquired from current surveys can be transferred to measuring innovation in the informal and the public sectors, and how innovation in the informal sector impacts socio-economic goals. In this chapter, Professor Charmes and his colleagues present several suggestions that could serve as building blocks as the African Observatory of Science and Technology Innovation (AOSTI) implements its program of work. AOSTI was created to serve as the continental repository of STI data and a center of related policy analysis, including the monitoring and evaluation of STI programs. On the policy side, the Africa Union Commission and the United Nations University – Maastricht Economic and Social Research Institute on Innovation and Technology (UNU-MERIT) have entered into an agreement for capacity development in the Design and Evaluation of Innovation Policy (DEIP) for the AU member states (see Iizuka, Mawoko and Gault 2015). This program examines innovation policies as a feasible solution to economic and social challenges in Africa, paying particular attention to measurement and national STI policies as well as their fit with the STISA-2024. The first training session held in Kenya in October 2013 included discussion on innovation in the 22 23 African Development Bank Group (2013); see also Chapter 1 of this book. About a dozen African countries have conducted CIS-type innovation surveys. The results are published as the African Innovation Outlook (AU–NEPAD 2010, 2014). co mmen t 8 . 1 p h i l i p p e mawoko 369 informal sector. The subsequent policy brief points to thematic areas which need further research in order to better understand innovation and its contribution to socio-economic goals (Iizuka, Mawoko and Gault 2015). In the case of the informal sector, stakeholders identified the following areas for further research: (a) Research on characteristics of innovation in the informal sector Interpretations of the term “innovation” vary, so there is a need to conduct case studies and compare definitions for statistical purposes. This will improve understanding of the different forms that innovation can occur and distinguish their different types. How might this enable measurement of innovation activities in the informal sector to inform more effective policies? (b) Understanding the innovation dynamics between formal and informal economic activities. Formal and informal economic activities are intertwined in terms of both actors and entities. Two questions of interest arise: To what extent do these interactions help meet development goals? What effects do they have on innovation systems? (c) Understanding how innovation takes place in the informal economy. What are the barriers to and incentives for innovation in the informal sector? How can we better measure innovation in the informal economy? (d) Exploring the form and type of innovation in Africa’s response (capacities and capabilities) to emerging challenges identified in the STISA24. The following challenges were identified in the context of STISA24: low commodity yields, climate change and variability, water and land management, efforts to eradicate hunger and achieve food and nutrition security. How would measuring innovation in the informal sector and developing a comprehensive STI policy framework affect these areas and enhance policy initiatives and government interventions? (e) Impact on job creation. There is a need to better understand measurement of innovation in the service sector. With the high penetration rate of ICTs in both formal and informal economies, the service sector is bound to grow. How can we take advantage of the contribution of the informal sector in reducing unemployment and assess the impact that such growth will have on job creation and the sustainability of these jobs? 370 jacques charmes et al. (f) Measuring innovation in the African public sector. In order to improve domestic resource mobilization and ensure sustainability, the process capacities and capabilities of public institutions need to be strengthened in areas such as procurement, taxation and private property rights. How do we measure innovation in the African public sector? Way Forward The African Agenda 2063 and its STI strategy are certainly ambitious, but they are a “must have” in view of the lessons learned from the past. This chapter by Charmes et al. sets valuable research perspectives for STISA24, putting innovation at the center of its implementation. AOSTI supports the ongoing discussion about innovation in the informal economy with the aim of making its measurement program more relevant to the African community. References African Development Bank Group 2013. “Recognizing Africa’s Informal Sector.” www.afdb.org/en/blogs/afdb-championing-inclusive-growthacross-africa/post/recognizing-africas-informal-sector-11645/. African Union – New Partnership for Africa’s Development (AU–NEPAD) 2010. African Innovation Outlook 2010. Pretoria, AU-NEPAD. African Union – New Partnership for Africa’s Development (AU–NEPAD) 2014. African Innovation Outlook II. Pretoria, AU-NEPAD. Iizuka, M., Mawoko, P. and Gault, F. 2015. Innovation for Development in Southern and Eastern Africa, Challenges for Promoting ST&I Policy. (Policy Brief no. 1.) Maastricht, United Nations University – Maastricht Economic and Social Research Institute on Innovation and Technology (UNU–MERIT). Organization of African Unity (OAU) 1982. Lagos Plan of Action for the Economic Development of Africa, 1980–2000. Geneva, International Institute for Labour Studies. ANNEXES Annex 1 Ad Hoc Interview Guidelines and Questionnaires Annex 1.1 Survey on Kenyan informal metal manufacturing CHARACTERISTICS OF THE JUA KALI OPERATORS 1 2 3 4 5 When did you join the cluster? PRODUCTION HISTORY 6 7 8 9a. b. Write the code in the unshaded box What product do you make? 1. Chips cutter 2. Chips warmer 3. Wheelbarrow 4. Popcorn maker 5. Other (specify) Was this your first product? Yes [1] No [2] When did you start making the product? Is this product your original design? Yes [1] No [2] If “yes,” specify how you came up with design c. If “no,” explain where you obtained the design from? 10 How did you choose the product? 11a Did you know whether a market for your product already existed? Yes [1] No [2] b If “yes,” specify c If “no,” explain 12 What motivated you to begin production? 13 Where did you obtain the idea of making the product from? 14 Where did you learn the process of making the product from? 15 If you imitated the product design, what adjustments have you made to the product since you introduced it? Have you changed the process of producing the product? Yes [1] No [2] 16a Write the code in the unshaded box Gender: 1-Male 2- Female What is your highest level of education? 1. No formal education 2. Pre-primary 3. Primary 4. Secondary 5. College 6. University To which category of jua kali operator do you belong? 1. Fundi worker 2. Fundi owner who hires workers 3. Businessman/woman who contracts fundi to work for me 4. Other (specify) What is the value of your business? b If “yes,” Why did you change? c 17 If “no,” why have you not changed? Where did you learn about the new process? 371 372 a n ne x es 18 Do you keep secrets about the changes you have made? 19 20 What benefits have you made from the recent changes in production? How do you secure the skills of the fundi who has learnt about the changes in production? 21 Do you keep your fundi for a long time? 22a Do you do any research to improve on the process of production? Yes [1] No [2] If “yes,” describe the research you do to improve the process. b c If “no” explain the reasons why you do not do any research to improve the process of production. 23 What major obstacles do you face in improving the process of production? 24 What are your weakest areas in the process of production? 25 How do you overcome your production process weaknesses? 26 Whom do you seek help from in case you have production process weaknesses? 27 Have any of the following institutions assisted you in improving the process of production? 1. Youth polytechnic 2. National polytechnics 3. Institutes of technology 4. Universities 28 Which of the following institutions would you comfortably work with to improve your processes of production? 1. Youth polytechnic 2. National polytechnics 3. Institutes of technology 4. Universities What are the positive and negative issues of people in the same cluster producing the same things? 29 Positive Negative COLLABORATION IN PRODUCTION 30 How do you relate with people producing similar products like yours? 31 Do you collaborate with people producing the same product as you? Yes [1] No [2] Write the code in the unshaded box a n ne x es 32 33 34a b Do you feel threatened by people producing the same product as yours? Yes [1] No [2] Do you feel threatened by non-jua kali people producing the same product as yours? Yes [1] No [2] Do you have an idea to stop non-jua kali people from producing similar products to yours? Yes [1] No [2] If “yes,” specify c If “no,” explain 35a Do you collaborate with non-jua kali people producing the same product? Yes [1] No [2] If “yes,” specify b 373 c If “no,” explain 36 What should be the relationship between jua kali people producing the same product? 37 What should be the relationship between non-jua kali people and jua kali people producing the same product? TRAINING Where were you trained? Have you had to go back for training to improve the process of making your product? Yes [1] No [2] If “yes,” specify b c If “no,” explain ACQUISITION OF INTELLECTUAL PROPERTY RIGHTS Write the code in the unshaded box 38 39a Have you considered securing intellectual property rights for your product? Yes [1] No [2] 41 If “no,” why have you not considered securing intellectual property rights for your products? 42 Has the association assisted you in securing intellectual property rights? Yes [1] No [2] 43 Is there government support in securing the intellectual property rights of your products? Yes [1] No [2] 44 What limitations do you face in securing the intellectual property rights of your products? 45 How should jua kali products intellectual property rights be secured? EMPLOYMENT AND TRAINING OF FUNDIS Write the code in the unshaded box 40 46 47 48 49 50a b c 51 52a b c How do you recruit your fundi? What employment contract do you have with your fundi? What do you consider when hiring a fundi? How long do you keep your fundi? Do you provide them with further training on the production process? Yes [1] No [2] If “yes”, where do they go for training? If “no”, explain How do you prepare your fundi when introducing a new product? Do you change your fundi often? Yes [1] No [2] If “yes,” explain If “no,” explain Write the code in the unshaded box 374 53a b c 54 55 56 57 a nn e xe s Do you provide incentives to your fundi to facilitate them to acquire new production technology? Yes [1] No [2] If “yes,” explain If “no,” explain Is there enough supply of fundis with enough technological know-how? Yes [1] No [2] Where do they come from? Do you train your own fundi? Yes [1] No [2] What role do fundis play in spreading jua kali production processes and products to others? SECTION II- FUNDIS EMPLOYMENT What is the relationship between you and the business owner? How do you relate with the business owner? Did you know the business owner before he/ she hired you? Yes [1] No [2] 61 What do you consider when taking a job from a business owner? 62a Do you change jobs frequently? Yes [1] No [2] b If “yes,” explain c If “no,” explain TRAINING Write the code in the unshaded box 58 59 60 Where did you obtain your skills from? When did you receive training? How long did it take? Who trained you? What is your relationship with the trainer? Have you trained others? Yes [1] No [2] 69 Have you attended further skill training since you started work? Yes [1] No [2] PRODUCTION PROCESS Write the code in the unshaded box 63 64 65 66 67 68 70 71 a b c 72 73 74 75 Have you originated a new product since you started working as a fundi? Yes [1] No [2] Have you changed the production process since you started working in the cluster? Yes [1] No [2] If “yes” specify If “no” explain Who assisted you in the origination of this product? Where did you obtain the design from? Have you received support from any of these institutions in technology upgrading? 1. Youth polytechnic 2. National polytechnic 3. Institutes of technology 4. University 5. National Youth Service 6. NGO 7. KIDRI If you had an idea of originating a new product, which of the following institutions would you go to? 1. Youth polytechnic 2. National polytechnic Write the code in the unshaded box a n ne x es 3. Institutes of technology 4. University 5. National Youth Service 6. NGO 7. KIDRI ACQUISITION OF INTELLECTUAL PROPERTY RIGHTS 76a b c 77 78 79 80 81a b c 375 Write the code in the unshaded box Have you secured intellectual property rights for your products? Yes [1] No [2] If “yes” specify If “no” explain What difficulties do you encounter when securing intellectual property rights? Do government agencies assist in securing property rights? Yes [1] No [2] Does the association assist you in securing property rights? Yes [1] No [2] Do you feel you own the idea and the product you make? Yes [1] No [2] Do you allow your fellow fundi to copy your idea and product? Yes [1] No [2] If “yes,” specify If “no,” explain COLLABORATION IN THE CLUSTER Do you collaborate with fundis who are making similar products? Yes [1] No [2] b If “yes,” specify how you collaborate c If “no,” explain why you do not collaborate 83a Do you feel threatened by fundi making similar product in the cluster? Yes [1] No [2] b If “yes,” explain c If “no,” explain 84 How do you determine which fundi to collaborate with? 85 Are they relatives, friends or people from the same village or area of residence? 86a Do you collaborate with non-jua kali fundi who make similar products? Yes [1] No [2] b If “yes,” specify c If “no,” explain 87a Do you feel threatened by non-jua kali fundi? Yes [1] No [2] b If “yes,” specify c If “no,” specify PRODUCT DESIGN Write the code in the unshaded box 82a 88 89 90 91 92 How do you modify the design? Why do you modify the design? What factors do you consider when modifying the design? Do you consider the function of the product in production? Yes [1] No [2] When you make a job move, do you keep or share the secrets of production from your previous employer? Keep [1] Share [2] Write the code in the unshaded box 376 a nn e xe s Annex 1.2 Survey on South African informal manufacturing of home and personal care products General Information Name of Respondent:………………………………. Gender: Male [ ] Female [ ] Age: [____] Educational level: Primary [ ] Secondary [ ] Tertiary [ ] No formal education [ ] Location of practice: …………………… District: ………………… Region: ………………… I Information about the Business 1. Does your company have a name? If yes, name of business: 2. Description of your main line of products and services (specialty of the respondent) ……………………………………………………………………………… 3. Why did you start your own business? (motivation) 4. Is your business registered? Yes [ ] No [ ] 4.a. If yes, what was the motivation to register your business? 4.b. If yes, was it difficult to register your business? Very difficult [ ] Difficult [ ] Easy [ ] Very Easy [ ] 5. Do you employ other people? Yes [ ] No [ ] 5.a. If yes, please describe the employment (temporary, permanent, seasonal) ……………………………………………………………………………… 5.b. If yes, do you have formal contract with your employees? Yes [ ] No [ ] 6. How long have you had this business? [ ] years, [ ] months 6.a. What did you do before? 7. What are your main products? 7.a. Which one(s) did you start with? 7.b. Please describe how you gradually moved into new products or services …………………………………………………………………… 8. Are all your products registered? Yes [ ] No [ ] 8.a. If yes, please indicate the institution you registered the products with ………….…………………………………………………………… 8.b. If yes, was it difficult to register your products? Very difficult [ ] Difficult [ ] Easy [ ] Very Easy [ ] 8.c. If yes, what was the motivation to register your products? 8.d. Please explain the process and requirements for product registration. 9. How did you get the funding to start your business? Own funds [ ] Loan [ ] Friends and family [ ] Other [ ] Please describe …………………………………………………………… a n n ex es 377 9.a. Have you ever obtained a loan from the bank for your practice? Yes [ ] No [ ] 9.b. Have you ever received any financial assistance from government? Yes [ ] No [ ] 10. How profitable do you find your business? Very profitable [ ] Quite Profitable [ ] Not profitable [ ] 11. Do you get other benefits from your business beyond the financial profit? (value) 12. Do you keep regular accounts of the business? Yes [ ] No [ ] 13. Would you be able to give us a rough estimate of your business sales over the last year? 14. Where do you sell your products? ………………………………………… 15. Who are your main customers? …………………………………………… 16. Do you produce on a large scale for people to collect and retail for you? Yes [ ] No [ ] 17. Do you have some of your products in formal establishments or shops? Yes [ ] No [ ] II Sources of Knowledge 18. Where did you obtain the knowledge to manufacture your products? Please describe: 19. Have you received any type of training? Yes [ ] No [ ] 19.a. When did you do your training [ ] year, and how long was your training? [ ] (number of years/months/days) 19.b. Please describe the nature of your training ….………………………… 20. Have you provided training to other people? 20.a. If yes, to how many? 20.b. Please describe the nature of the training provided ….………………… 21. Are your products based to some extent on indigenous/traditional knowledge? Yes [ ] No [ ] Partially [ ] 21.a. If yes, how did you acquire that knowledge? Please describe: III Innovation 22. What do you think makes your products successful? …………………………………………………………………………… 23. Please describe your main method or production process …………………………………………………………………………… 378 a n ne x es 24. Please describe the equipment you use for manufacturing/production …………………………………………………………………………… 25. Describe new technologies, machines, production techniques or innovations you adopted in the last 2–3 years …………………………………………………………………………… 26. Have you introduced new or significantly improved products in the last 2–3 years? Yes [ ] No [ ] 26.a. If yes, please describe: …………………………………………………………………………… 27. Have you introduced any new or significantly improved method of production or production practices the last 2–3 years? Yes [ ] No [ ] 27.a. If yes, please describe 28. What exactly do you do to improve on your products or practice? 29. What/who is your inspiration to develop new products/processes? 30. What are your main challenges to come up with new products and processes? (please describe) IV Networking and Knowledge Flows 31. Do you belong to any association? Yes [ ] No [ ] 31.a. If yes, name of the association(s) 32. Have you interacted with any formal organizations (i.e. recognized institution in South Africa, such as research centers, NGOs, incubators, etc.) while seeking support for your practice? Yes [ ] No [ ] 32.a. If yes, please name the organizations 32.b. If yes, please describe the nature of the interaction 32.c. If yes, please indicate the benefits of those interactions 33. Do you interact or collaborate with other producers? Yes [ ] No [ ] 33.a. If yes, what kind of knowledge do you exchange? 34. Do you interact or collaborate with your suppliers? Yes [ ] No [ ] 34.a. If yes, what kind of knowledge do you exchange? 35. Do you interact or collaborate with your customers? Yes [ ] No [ ] 35.a. If yes, what kind of knowledge do you exchange? 36. Do you interact or collaborate with members of your community? Yes [ ] No [ ] 36.a. If yes, what kind of knowledge do you exchange? 37. Do you share knowledge about manufacturing with your employees? Yes [ ] No [ ] Please explain: an n ex es 379 38. Would you want to team up with somebody to commercialize on a large scale? Yes [ ] No [ ] V Intellectual Property and Knowledge Appropriation 39. Do you have your own brand? Yes [ ] No [ ] 40. Do you feel that you own the ideas for the new products you make? Yes [ ] No [ ] Please explain: ……………………………………………………………… 41. Are you concerned about possible commercialization of your innovations/innovative ideas without your knowledge or consent? Yes [ ] No [ ] 42. Do you protect your ideas in any way? Yes [ ] No [ ] 42.a. If yes, what mechanisms do you use to protect your innovation or innovative ideas? (formal or informal) 43. Do you think open transfer or exchange of innovative ideas is useful in your sector? Yes [ ] No [ ] 44. What mechanisms for the protection of knowledge (e.g. patent, trademark, secrecy) do you think are most appropriate for the manufacture of home and personal care products? Please describe: …………………… 45. Would you like to make use of formal mechanisms of knowledge appropriation to protect your ideas? (e.g. patents, trademarks) Yes [ ] No [ ] 46. How do you assess South African IP legislation in connection with your sector? 47. What are your suggestions to improve the appropriation of knowledge of micro-producers of home and personal care products in South Africa? Source: Kraemer-Mbula and Tau (2014). 380 an n e xe s Annex 1.3 Survey on the Ghanaian traditional, informal herbal medicine sector Section I General Information 1. Name of Respondent…………………………… Gender: Male [ ] Female [ ] 2. Age: [____] Marital Status: Single [ ] Married [ ] Divorced [ ] Widow [ ] Separated [ ] 3. Educational level: Primary [ ] JHS/MSLC [ ] Secondary [ ] Tertiary [ ] No Formal education [ ] 4. What religion do you practice? Christian [ ] Muslim [ ] Traditional [ ] Other………………………….. 5. Location of practice ……..……………………… District …………..……… Region: …………..………………… Section II Traditional Medical Practice (TMP) 6. Name of enterprise (if your traditional medical practice is done under the name of a company)……………………………………………………… 7. Specialty of respondent…………………………………………………… …………..………………………………………………………………… 8. Is your enterprise/practice registered? Yes [ ] No [ ]. 9. How many other employees? [____] 10. Do you contribute to social security? Yes [ ] No [ ] 11. Were you able to get some loan from a bank for your practice? Yes [ ] No [ ]. 12. If yes which bank? ……………………………………………………… 13. Have you ever received any financial assistance from the government? Yes [ ] No [ ]. 14. Give the name of any agency which helped you in your practice?………… 15. For how long have you been in traditional medical practice? [ ] years 16. Which year did you actually start practicing? …………………………….. 17. How did you become a Traditional Medical Practitioner (TMP)? (e.g. apprenticeship, family business, divine call, hobby)……………………… 18. If you trained to be a TMP, how long was your training? [ ] (number of years) 19. Explain the nature of your training……….……………………………… 20. What are your main herbal products?……….…………………………… 21. Which one(s) did you start with?……….………………………………… 22. Are all your herbal products registered? Yes [ ] No [ ]. 23. State the institution you registered the products with……….…………… 24. What are the requirements to have your products registered by these organizations? 25. Why did you register your product(s)? a nn e xe s 381 26. How do you assess the registration process in Ghana? Very difficult [ ] Difficult [ ] Easy [ ] Very Easy [ ] 27. How profitable do you find the TMP? Very profitable [ ] Quite Profitable [ ] Not profitable [ ] 28. Explain your answer above to question 22……….………………………… Section III Innovation 29. Describe new technologies, machines, production techniques or innovations you adopted in the last five years……………..……………………… 30. Describe new products and processes you developed in the last five years ………………………… 31. Have you patented or formally appropriated any of your products? Yes [] No [ ] 32. Do you know the process you go through to patent or formally appropriate a product? Yes/No 33. Where do you sell your products?………………………………………… 34. Who are your main customers?…………………………………………… 35. The products you adopted, where do they come from?…………………… 36. What exactly do you do to improve on your products or practice?………………………………………………………………………… 37. Do you produce on large scale for people to collect and retail for you? Yes [ ] No [ ] 38. Do you have some of your products in chemical/pharmacy shops? Yes [ ] No [ ] 39. Which of your products (if any) are on the Essential Drugs List (EDL) of the Ministry of Health? 40. What do you think accounted for that (your medicine sold in pharmacy or on the EDL)? Section IV Networking and Knowledge Flows 41. 42. 43. 44. 45. Do you belong to any traditional medicine association? Yes [ ] No [ ] Give the name of the association(s)………………………………………… State the benefits of your membership of the association(s)……………… State any training you have received in your association………………… Have you worked with any recognized institution in Ghana before (CSIRMampong, Noguchi, KNUST, KCCR, Legon)? Yes [ ] No [ ] 46. Explain how you worked – or are still working – with these institutions. 47. What are the other institutions you worked with?………………………… How do you work with these other institutions? 382 a n ne x es 48. Would you want to team up with somebody to commercialize on a large scale? Yes [ ] No [ ] Section V Intellectual Property Protection 49. Are you concerned about possible commercialization of your innovations/innovative ideas without your knowledge or consent? Yes [ ] No [ ] 50. If yes, what mechanisms do you use to protect your innovation or innovative ideas? 51. What is the cost of appropriation?…………………………. 52. Is open transfer or exchange of innovation/innovative ideas useful in traditional medicine? Yes [ ] No [ ] 53. What main intellectual property mechanism (e.g. patent, trademark, secrecy) do you think is most appropriate for traditional medical products?……………………………………………………… 54. How do you assess the IP policy regime in Ghana among traditional medical practitioners? Very high [ ] High [ ] Average [ ] Low [ ] Very low [ ] Non-existent [ ] 55. What do you suggest to improve the IP situation in the country?………… ……………………………… 56. What do you suggest to improve traditional herbal practice in Ghana?…………………………. At end of interview, switch off recorder and thank the participant. Source: Essegbey et al. (2014). a n n ex es 383 Annex 1.4 Senegalese informal ICT and trade sector Name of Informal Production Unit (IPU) (Optional):………………………… Address (Optional):………………………… Telephone No.………………………… (Optional):………………………… 1 Information on the respondent Name – First name Gender – Male/Female Position in the IPU Junior employee Technical manager Administration General manager/Manager Other (please specify): 2 Socio-demographic information on the owner/creator/manager of the IPU 2.1 Who created the IPU? You alone Your Father/Mother Your brother/sister Your uncle/aunt A friend A third party The family Associates A cousin Other (please specify): 2.2 Gender – Male/Female 2.3 Matrimonial status Married, monogamous Married, polygamous Single Divorced Widowed Other 2.4 What is your ethnic group? Wolof Serer Toucouleur Diola 384 an n e xe s Mandingo Other Senegalese ethnic group (please specify): Foreigner (please specify): 2.5 Languages spoken (you can check more than one box) Wolof Serer Toucouleur Diola Mandingo French English Spanish Chinese Arabic Other languages (please specify) 2.6 Place of origin: 2.7 Religion practiced or brotherhood Tidiane Mouride Layenne Catholic Protestant Animist Other (please specify): 2.8 Level of Education None Primary General secondary Technical secondary Higher Professional training Koranic school Other (please specify): 2.9 Socio-professional trajectory (please number in sequence) Unemployed French school Koranic school Craftsperson Employed in the modern sector Other a n n ex es 385 3 Nature and Structure of the IPU and its activities 3.0a. Do you have a NINEA registration number? Yes No 3.0b. Does your business have Written SYSCOA-compliant accounting? No SYSCOA-compliant accounting? Other (please specify)? If the business has a NINEA registration number and formal accounting to SYSCOA standards, 3.1 How long has your IPU been in existence? 3.2 How would you categorize your activity? Sale of recharge cards, telephones Maintenance and servicing Mobile telephone decoding Computer and peripheral device assembly Sale of computer hardware, office electronics Sale of audiovisual equipment Sale of CDs, VCDs, DVDs Asset creation Repairs Services Other (please specify): 3.3 What material resources does your IPU use to conduct its activities? Computer Printer Scanner Telephone Photocopier Repair kit Fax Other (please specify): 3.4 What kind of premises do you have for conducting your activities? (you can check more than one box) Street Stall in the street Vehicle Market stall Workshop Shop Kiosk 3.5 How did the idea for this activity originate? 386 an n e xe s Market demand Social demand Something to do Advice from a third party Imitation More freedom Fewer constraints Other (please specify): 3.6 What are the general stages in carrying out the activity? (please number in sequence) Identifying targets Financing Equipment Cooperation Human resources 3.7 Are there especially favorable periods in the year for conducting your activities? Religious festivals Religious events End of year Return to school Weekly markets Fairs 3.8 How do you take advantage of these favorable periods? Investments Pricing strategy New product Work organization Special offers 3.9 How did this happen? 3.10 What problems have you had to face in conducting a new activity? (you can check more than one box) Technical Financial Human Organizational Institutional Other (please specify) 3.11 How have you overcome these problems? Technical Financial a n n ex e s 387 Human Organizational Institutional Other (please specify) 3.12 Over the last few years, has your business invested in the following activities? Acquiring a machine Acquiring outside knowledge Training Buying software Other (please specify): 3.13 What sources of information have you used for setting up your activities? The family Market State and State departments Religious associations Business culture Community living conditions Internet 3.14 Which types of financing do you use for keeping your activities going? Own resources Family resources Tontines Mutual savings and loan associations Bank Religious associations Other (please specify) 3.15 Which of the following social values have helped you to increase turnover? Solidarity (Ndimbaleunté) Sharing (seddo) Honesty (djoub ak ngor) Dialogue (disso) Hospitality (teranga) Courage (diom) Reserve (mandou) Perseverance (goorgolou) 3.16 Give an explanation for each value checked? Solidarity Sharing Honesty Dialogue Hospitality 388 a nn e xe s Courage Reserve Perseverance 4 Work Organization 4.1 How many people work in the IPU? 4.2 How is the work distributed? Based on skill Based on kinship Based on friendship Based on age 4.3 How are employees paid? Monthly Weekly Daily Hourly Irregularly 4.5 What are the methods of remuneration? Commission (sales) Quotas Wages 5 Commerce and Marketing 5.1 What is your main strategy for market occupancy? Social network Advertising Price Accessibility Other (please specify): 5.2 Do your product prices vary according to: Market Customer Place Time Other (please specify): 5.3 What is your main pricing mechanism? Bargaining Fixed price 5.4 What are your customer relations based on? Trust Work Family Religion Place of origin 5.5 Who are your main suppliers? Wholesalers Outside partners an n ex es Retailers (traders) Formal businesses 5.6 What are your supplier relations based on? Trust Work Family Religion Place of origin 5.7 How would you assess the competition in your field of activity? Very strong Strong Average Weak Very weak 5.8 Who are your main competitors? Formal sector Participants in the same sector Foreign participants 5.9 What do you think is the most important factor in being competitive? Proximity Product quality Affordable price Capital Other (please specify): 5.10 What innovative strategies do you adopt for facing this competition? Cutting prices Using new sales Improving product quality Other (please specify) Techniques (packaging, etc.) 6 Partnership and Cooperation Does your IPU belong to a group or network? Yes No If yes, please specify the group: Who are your IPU’s partners in implementing an activity? Informal sector Modern sector State NGO 389 390 an n e xe s Religious association Other What links does your business have with the so-called modern sector? (you can check more than one box) Customer Supplier Competitor Associate What relations does your business have with the State and State departments? Business tax Tax Subsidy No problem 3.14 Has your business benefited from public financial support for new activities? Yes No If yes Local authorities Government Other Source: Konté and Ndong (2012). a nn e x es 391 Annex 1.5 The diffusion and transfer of IP-related innovation between formal and informal sectors in Uganda Background Information: Name_____________________ Workplace_________________ Work specialty______________ Education: (a) Formal___ (b) Informal___ Section I Questions about work (for researchers the questions will focus on education and research work): 1. What exactly do you do? 2. How and when did you learn about the work you do? 3. What “experience” do you have for this work? (In local language this means how long respondent has been at this work) 4. How has this work changed over the years and why? 5. What are the benefits you have realized through this work? 6. What are the main challenges? Section II Questions on networks [linkage below refers to formal–informal (F–I), informal–informal (I–I), informal–formal (I–F) exchanges]: 7. Looking at your work [as a researcher/artisan/farmer], do you have linkages with people in [formal/informal] sector? 8. What kinds of linkages do you have and of what benefit to you/them? 9. If you don’t have linkages in [formal/informal] sector, is that something you would consider establishing? If yes/no, why/why not? If yes, how can they be established and/or enhanced? If yes, will the linkage benefit from formalized mechanisms for the diffusion, transfer or exchange of innovation or are informal mechanisms ideal? 10. Which areas [will] benefit most from linkages between you/your work and [formal and informal] sector actors working in the same area as yours? 11. What are the challenges of the linkages between you and [formal and informal] sector actors? 12. What are your main concerns about the linkages? Section III Linkages, innovation exchange and intellectual property: 13. Do the linkages involve the diffusion, transfer or exchange of innovation/ innovative ideas between you and [formal/informal] collaborators/actors? 14. Are the innovations/innovative ideas applied by the recipient party – applied meaning translated into commercialization or non-commercial application? 15. Are you concerned about possible commercialization of innovations/innovative ideas? 392 a nn e xe s 16. If, yes to (15), does this often lead to secrecy, restricted access or lack of sharing of innovation/innovative ideas? 17. Is open transfer or exchange of innovation/innovative ideas possible? 18. Do you think about intellectual property/intellectual property laws or ownership of innovations in instances of exchange of innovation/innovative ideas with your collaborators? 19. If yes to (18), is that due to the potential for commercialization of some or all of the innovation by the other party/parties? 20. If no to (18), is IP/IP laws something on your horizon? 21. Any instance where IP/IP laws have affected your work in any way (negative or positive)? 22. Any instance where IP/IP laws have hindered or slowed down the exchange of innovation/innovative ideas? 23. Any government policies you know of to encourage linkages and/or exchange of innovation between you and the [formal and informal sector]? 24. If no policies exist, will the formation of such policies facilitate or deepen the linkages and exchange of innovation/innovative ideas between you and [formal and informal] sectors? Source: Kawooya (2014). Annex 2 Extract 1 from the Generic Questionnaire of Stage 2 of the 1-2-3 Survey 394 an n e xe s Annex 3 Kenya 2014 MSME Survey 1. The module on business income and seasonal variations includes a section on Product, Process and Marketing Innovation with four questions: a. During the period 2009 to 2013, did you introduce new or significantly improved goods or services? Yes/No b. During the period 2009 to 2013, did you introduce new or significantly improved methods of manufacturing or producing goods or services? c. During the period 2009 to 2013, did you implement a new marketing method involving significant changes in product design or packaging, product placement, promotion or pricing? d. Please estimate the total turnover in 2013 of goods and services innovations introduced in 2013 (Kenyan Shilling). 2. The module on capital and technology comprises six questions on ICT, besides the amount and sources of initial and additional capital and the types of equipment: a. What other type of support did you receive? 1 = Marketing information 2 = Accounting 3 = Legal 4 = Training 5 = Business planning 6 = Stock layout 7 = None 8 = Other (specify) b. Indicate source of technological advice if any received. 1 = Government institutions 2 = Research institutions 3 = NGO 4 = Contracting MSME 5 = Contracting non-MSME 6 = Salesmen 7 = Publications 8 = Other (specify) 9 = N/A c. Does the business use any type of ICT? Yes/No 395 396 an n e xe s d. Specify the types of ICT used 1 = Mobile phone 2 = Fax 3 = Computer 4 = Email/website 5 = Internet 6 = Other (specify) e. What is the purpose of using ICT? 1 = Ordering supplies 2 = Marketing 3 = Getting general information 4 = Other (specify) f. Why does the business not use ICT? 1 = Too costly 2 = Not needed 3 = No electricity 4 = Not accessible 5 = Other (specify) 3. The module on business organization and marketing comprises seven specific questions on marketing a. How are prices set? 1 = Independently 2 = In consultation with others 3 = Buyers 4 = Suppliers 5 = Others (specify) b. Main source of inputs or agency 1 = MSMEs 2 = Non-MSMEs 3 = Farmers 4 = Direct imports 5 = Individual suppliers 6 = Government 7 = Other (specify) c. Main buyer of products or services 1 = MSMEs 2 = Non-MSMEs 3 = Direct exports 4 = Individual consumers 5 = Government 6 = Other (specify) annexes 397 d. Indicate any sub-contracting arrangements for inputs or orders received from clients 1 = None 2 = MSMEs 3 = Non-MSMEs 4 = Middlemen 5 = Government 6 = Other (specify) e. Indicate any sub-contracted arrangement for your products or services 1 = None 2 = MSMEs 3 = Non-MSMEs 4 = Middlemen 5 = Government 6 = Other (specify) f. Main method of advertisement of products and services 1 = None 2 = Electronic media 3 = Print media 4 = Trade exhibition 5 = Posters/fliers/brochures 6 = Public marketing/promotion bodies 7 = Private market/promotion bodies 8 = Quality of products/clientele satisfaction 9 = Other (specify) g. What are your customer feedback mechanisms? Source: The Kenya MSME Survey is a repetition of the 1999 Baseline Survey of Micro and Small Enterprises (see CBS-ICEG-K-Rep (1999) National Micro and Small Enterprise Baseline Survey 1999, Survey Results, Nairobi, Central Bureau of Statistics, International Centre for Economic Growth and K-Rep Holdings Ltd). It was planned for 2014 by the Kenya National Bureau of Statistics (KNBS), but was postponed to end of 2015 for budgetary reasons. INDEX actors in informal economy, 5, 328 Advancing Kenyan Industry through Local Innovation (AKILI), 121 Africa. See also home and personal care products in South Africa; metalworking sector in Nairobi; South Africa; Sub-Saharan Africa; traditional herbal medicine in Ghana informal economy, 268–75 informal innovations and incentives, 284–89 Northern Africa, 24t, 24–25, 34–35 small- and medium-sized enterprises, 268–70 Africa Regional Intellectual Property Organisation (ARIPO), 217, 268–75 African Centre of Statistics at UNECA, 363 African Innovation Outlook, 337, 341, 363 African Intellectual Property Organization (OAPI), 269 African Observatory for Science, Technology and Innovation (AOSTI), 11, 354, 367–70 African Science, Technology and Innovation Indicators (ASTII), 340, 341, 368 African Union Commission, 367–70 Africa’s Ministry of Science and Technology, 7 agricultural extension officer (AEO), 279 agricultural extension services (AESs), 279 agricultural innovations, 283 Agricultural Policy Action Plan (APAP), 191 Algeria, 24 apprenticeships, 80 appropriation mechanisms, 3, 232 accessibility, 180–81 alternate strategies for, 178–79, 179t awareness of attitudes toward IPRs, 177–78, 178t, 178f country study observations, 245, 246t–47t defined, 232–36, 235f empirical findings, 236–38 formal economy, 127–28, 234, 236, 240–42 home and personal care products in South Africa, 175–77, 176t Honey Bee Network, 240, 241 implications for policy, 182–84 indigenous/local communities, 243–45 in informal economy, 129, 237, 238–40, 242–43, 259 intellectual property rights, 170–75, 174t metalworking sector in Nairobi, 127–29, 128t, 132, 248–49 patents, 251 semi-formal, 128–29, 179–80, 236, 239, 242–43 technology in innovation, 98 traditional herbal medicine in Ghana, 216–20, 218t Uganda automotive artisans, 249–51 wider use of, 181–82 Asia, 26–27, 28t, 40 association as rights owner, 132 automotive artisans in Uganda, 67 backward linkages, 73 “base-of-the-pyramid” (BoP) innovation, 56 398 in de x benefit-sharing in surveys, 359 Biodiversity Act, India, 288 biopiracy, 287 “bottom of the pyramid” consumers, 102 brands/branding, 2, 134, 175 Brazil, 58, 217 Broad-Based Black Economic Empowerment Act (2003), South Africa, 328 capability in micro-firms, 71–72 capital needs, 61, 71–72, 133–34, 148 Center for Intellectual Property and Information Technology (CIPIT), 121 Central African Economic and Monetary Union (CEMAC), 269 Centre for Research in Transportation Technologies (CRTT), 280 Centre for Scientific Research into Plant Medicine (CSRPM), 195, 207, 222 China, 211, 217, 224 chip cutter manufacturing, 114, 115f cluster organization, 101–2 co-creation hubs, 320 collaborative innovations, 80 collective arrangements and policy dialogue, 301–2 collective saving schemes, 318 College of Engineering, Design, Art, and Technology (CEDAT), 250, 280 combined surveys, 348–54 Committee on Herbal Medicine Research and Intellectual Property Rights Protection, 223, 310 communities as agents of innovation, 72 Community Innovation Survey (CIS), 338, 339, 343, 362 Companies and Intellectual Property Commission (CIPC), South Africa, 173 “constrained gazelles,” 65 constraint-based innovations, 80 399 Consumer Affairs Act (2008), South Africa, 173 contractual agreements, 176 Convention on Biological Diversity (CBD), 220, 288 conventional approaches to informal economy, 297–311, 306t, 316, 328–29 Convergence Meetings on Traditional Medicine Development, 228 copying and innovation, 140 Copyright Act (1978), South Africa, 173 Copyright Act (2005), Ghana, 216–17 Copyright Regulations (2010), Ghana, 216–17 Cosmetic, Toiletry and Fragrance Association of South Africa (CTFA), 153, 191 Council for Scientific and Industrial Research, 307 Counterfeit Goods Act (1997), South Africa, 173, 175 creative credits, 319 Decent Work Agenda, 298 degrees of informality, 152–53, 153t Delhi Group, 18 Department of Micro and Small Enterprise Development (DMSED), Kenya, 138, 301 Department of Science and Technology (DST), South Africa, 192 Department of Small Business Development, South Africa, 301 Department of Technology Assessment for Social Demand, Argentina, 334 Department of Trade and Industry (DTI), South Africa, 183 Designs Act (1993), South Africa, 173 developing countries. See also informal economy; innovation in the informal economy; specific countries economic development resources, 299 innovation in the informal economy, 55–57, 64 400 in dex developing countries (cont.) marginal communities, 302–3 treatment of innovation, 297–303 Development Bank of Southern Africa (DBSA), 184 diffusion of innovation in low-income countries (DILIC), 97–99 distributive logic of innovation policies, 296 Doing, Using and Interacting (DUI) mode, 304 economic development resources, 299 economic domains in South Africa, 146 economic growth objectives, 321–23 economic surveys, 349 economically viable innovations, 81 economies of scale, 72 educational constraints, 79 Egypt, 24–25, 34–35, 338, 352 emerging markets, 56 employment, 3 female employment trends, 31, 50–51 formal worker requirements, 51 self-employment, 31, 41, 88 skilled labor, 61, 317 in South African informal economy, 146 trends, 21–31, 22t, 24t, 26t, 27t, 28t, 29t, 30t unemployment, 146, 149, 308–9 unskilled labor, 61 vulnerable employment, 50–51 entrepreneurship development of, 299, 302 risk-taking entrepreneurs, 319 skilled employment match between, 317 South Africa, 148–49, 185, 186 Essential Drugs List (EDL), 206, 212, 213 establishment surveys, 349–52 European Commission, 337 Eurostat, 337 Eurostat Community Innovation Survey (CIS), 338, 339, 343, 362 evidence-based policy-making, 300 Extension Unit, Universidad de la República, Uruguay, 332 fast-track pilot program, 140 fertility challenges, 212 Fifteenth International Conference of Labour Statisticians, 18, 20, 45–48 firm typology in informal economy, 64–66, 65t Food and Drugs Authority (FDA), Ghana, 195, 206 “for the poor by the poor” innovation, 56 formal economy. See also informal economy vs. formal economy appropriation mechanisms, 127–28, 234, 236, 240–42 intellectual property rights and, 233–34, 262 interactions with, 167, 169f Latin America, 51 legal protections, 257 problem-solving within, 69–70 transition to, 298 unemployment in, 146, 149 forward linkages, 73 “frugal” innovation, 56 Gatsby Garage, 249, 279–80, 281 Gauteng Employment Growth and Development Strategy (GEGDS), 182 Gauteng Innovation Strategy, 182 geographical indications (GIs), 288 Ghana. See traditional herbal medicine in Ghana Ghana Federation of Traditional Medicine Practitioners Associations (GHAFTRAM), 200, 208, 223, 225 Ghana Health Service, 206, 208 Ghana Living Standards Survey (GLSS), 352 Ghana Patent Act (2003), 219 Ghana Shared Growth and Development Agenda (GSGDA), 195 globalization, 18 in de x good manufacturing practices (GMPs), 229 “grassroots” innovation, 56 Grassroots Innovation Augmentation Network (GIAN), India, 241 Grassroots Technological Innovation Acquisition Fund (GTIAF), India, 241 Greenwood, Adriana Mata, 45–48 gross domestic product (GDP), 3–4 informal sector contribution, 101 labor force, 368 measuring contribution to, 20, 21, 31–36, 33t, 34t gross value added (GVA), 32, 36 Herbal Medicine Centers, 220, 222 herbal medicine in Ghana. See traditional herbal medicine in Ghana hidden enterprise culture, 88 hierarchical binary mode of thinking, 89, 90 high growth firms, 94 Hirschman, Albert, 17 home and personal care products in South Africa, 6, 7, 146–48, 184–87. See also appropriation mechanisms appropriation mechanisms, 175–77, 176t equipment needs, 164–65 equipment out of found materials, 71 essential role of, 149–51 informal economy in context of, 148–49 innovation profile of, 154–62, 159t, 160f, 161f, 162t intellectual property rights, 251–52 knowledge and technical profile of, 164–67, 166t, 168f, 169f, 169t, 170t linkages to formal sector, 72–74, 75t–78t mapping innovation system, 168–70, 171f, 172t obstacles to innovation and scalability, 163t, 163 profile of, 151–58, 152t, 153t, 154f, 158f 401 quality importance in, 70 sub-sectoral definitions of, 150 survey on, 376–79 technical knowledge required, 154 Honey Bee Network, 56, 240, 241, 258, 261 Housemark case study, 121–22, 130, 135 Human Development Report for Southern Africa, 327 improvements to products, 156, 157–61, 159t, 160f inclusive innovation, 56, 329, 345 income inequality, 297 incremental innovations, 80 India informal sector in, 35, 36 intellectual property debates, 283–93 medicinal products from, 211 national strategy for herbal products, 224 passing on skills, 67 patent applications, 217 Indian Council of Scientific and Industrial Research (CSIR), 287 Indigenisation and Economic Empowerment Act (2007), Zimbabwe, 328 indigenous and local communities (ILCs), 273 Indigenous Knowledge Systems (IKS) Policy, South Africa, 173 Industrial Designs Act (2003), Ghana, 216–17 industrial development in South Africa, 148 Industrial Policy Action Plan (IPAP), South Africa, 191 Industrial Policy Action Plan (IPAP2), South Africa, 147 informal economy. See also home and personal care products in South Africa; metalworking sector in Nairobi; micro-firms in the informal economy; traditional herbal medicine in Ghana actors and stakeholders in, 5, 328 402 in de x informal economy (cont.) in Africa, 268–75, 284–89 appropriation mechanisms, 129, 237, 238–40, 242–43, 259 case studies and arguments, 254–56 conceptualization and definitions, 15–17 conclusion, 40–41, 293 contribution to GDP, 31–36, 33–34t conventional approaches to, 297–311, 306t, 316, 328–29 degrees of informality, 152–53, 153t diversity of, 63 economic growth and, 49–50 employment trends, 21–31, 22t, 24t, 26t, 27t, 28t, 29t, 30t entrepreneurship, 88 evolving understanding of, 61 firm typology, 64–66, 65t identifying types of, 51–52 ILO definitions of, 45–48 innovations and incentives, 284–89, 367–70 intellectual property rights, 234 interactions with, 167, 169f introduction, 1–12, 13–15 Jua kali concept, 14 Latin America, 35 legal protections, 257 literature in, 5–6 motivation for innovation in, 278–81 multi-criteria definitions, 16 non-agricultural informal economy, 46 open knowledge flows, 289–90 role in economic development, 199–201, 200t, 201t social importance, 37–40, 38f, 39f statistical definitions, 17–20 Sub-Saharan Africa, 34, 36 urban informal entrepreneurs, 56 vulnerable employment in, 50–51 women/youth and vulnerable employment in, 50–51 informal economy vs. formal economy, 5, 46, 51, 60 education, training and knowledge, 67–68 innovation dynamics, 369 innovation surveys, 341–47 juxtaposition of, 62t linkages between, 72–74, 75–78t, 290–92 motivation of, 94 relevance of, 97–99 research and development (R&D), 191 vertical integration between, 279–80 Informal Trading Policy, Johannesburg, South Africa, 182–83 information and communication technologies (ICTs), 281, 309, 383–90 information sharing, 176 infrastructure constraints, 79 innovation in the informal economy. See also policy approaches to innovation analysis of, 57–60, 59f, 61–64 barriers to, 74–79 challenges, 11–12 communities as agents of, 72 conclusion, 79–81, 262–64 defined, 54 in developing countries, 55–57, 64 first known attempt, 88–90 growth, 1–12 home and personal care products in South Africa, 154–62, 159t, 160f, 161f, 162t innovator characteristics, 93–95 introduction, 8–9, 53 measurement of, 11 metalworking sector in Nairobi, 116–21, 118f, 119f, 120f, 122–26, 123f, 124f, 125f obstacles, 163t, 213–16, 215t research and development, 54, 55, 57 science and technology, 55, 57, 58 sophistication of, 69–71 traditional herbal medicine in Ghana, 194, 202–7, 203f, 204t, 205t, 252–54, 276 in de x innovation surveys ad hoc interview-based approaches, 355–62, 363, 371–75t combined surveys, 348–54 conclcusion, 362–63 extent of content coverage, 349–54 formal vs. informal economy, 341–47 generic questionnaire, 393t, 393–94t introduction, 336–37 measurement in informal sector, 367–70 methodological challenges, 343 mixed surveys, 348, 349–52 review of, 347–49, 350t, 351f sequence of questions, 360–61 Tunisia, 357 types, 337–41, 340t, 351t innovator characteristics, 93–95 Institute of Development Studies at the University of Nairobi, 16 institutional constraints, 79 institutional weakness, 303 Intellectual Property and Innovations Desks, Ghana, 229 intellectual property rights (IPRs), 140 Africa, 268–75 appropriation mechanisms, 170–75, 174t awareness of attitudes toward, 177–78, 178t, 178f cost of protection, 272 formal economy, 233–34, 262 home and personal care products in South Africa, 251–52 hurdles in accessing, 260–62 India, 283–93 informal economy, 234 innovation and, 2, 329 lack of awareness, 271 metalworking sector in Nairobi, 100, 108, 114, 129–30, 131 micro-firms in the informal economy, 177–78 need for qualified personnel, 272 needs assessments and suitability, 257–60 403 overlong pending period in registration, 272–73 practical challenges, 257 relevance, accessibility and supportiveness, 271–72 semi-formal IP rights, 234 South Africa, 170–75, 174t streamlining of process, 132–33 traditional herbal medicine in Ghana, 194, 202–7, 203f, 204–5t, 252–54, 276 Uganda automotive artisans, 249–51, 260, 391–92 Intellectual Property Rights from Publicly Financed Research and Development Act (2008), South Africa, 173 interactions with formal/semi-formal organizations, 167, 169f International Conference of Labour Statisticians (ICLS), 13, 17, 45–48 international knowledge, 98 International Labour Organization (ILO), 13 jiko manufacturing, 127 job creation and innovation, 369 Jobs and Skills Programme for Africa (JASPA), 15 jua kali concept, 14, 21, 100, 143–45, 248–49 collective interests of metalworkers, 302 Jua Kali Development Programme, 14 “jugaad” innovation, 56 Kamukunji Jua Kali Association, 72–73, 102, 120, 122, 124, 249, 290 Kashmiri Pashmina Shawls, 67 Kenya. See also metalworking sector in Nairobi combined surveys, 352, 353 conventional policy approaches, 307 metal manufacturers, 248–49 public procurement, 308, 329 Kenya Industrial Property Institute (KIPI), 121, 130–31 404 in de x Kenya Micro and Small Enterprise Act (2012), 118 Kenya Micro Small and Medium Enterprise (MSME) Survey, 353–54 Kenya National Innovation Agency, 138 Kiji Kenda communities, 253 knowledge flows, 254–55 intensive production, 61 “ownership” of, 175 technical profiles and, 164–67, 166t, 168f, 169f, 169t, 170t technology support systems, 216 traditional knowledge (TK) systems, 166–67, 243–44 Korea, 211 Kukula Healers, 252–53 Kwame Nkrumah University of Science and Technology (KNUST), Ghana, 195, 207, 220, 222 labor-capital distributions in South Africa, 148 labor-intensive production, 61 labor-market policies, 51 Lagos Plan of Action for the Economic Development of Africa, 367 Latin America, 25–26, 27t, 35, 51 Latouche, Serge, 13 Lautier, Bruno, 13 Legislative Instrument (1616), 216–17 Libya, 338 literature in the informal economy, 5–6 low-income countries, 52, 56, 97, 99, 185, 189–92 low-income households, 151 low-productivity activities, 51 lower-tier entrepreneurs, 64–66, 65t Maasai communities, 253 Makerere University’s College of Engineering, Design, Art and Technology (CEDAT), Uganda, 280 Mallesham, Chintakindi, 291 Manual on Informality (ILO), 45 marginal communities, 302–3 market-context measure of innovation, 345 Marxist theory of the labor reserve/ surplus, 16 mechanical innovations, 283 medicinal innovations, 283 medicinal plant resources, 230 Merchandise Marks Act (1941), South Africa, 173 metalworking sector in Nairobi, 6, 71, 100–1, 140–41 appropriation mechanisms, 127–29, 128t, 132, 248–49 art objects, 114–16, 117f association as rights owner, 132 branding strategies, 134 capital to fund filings, 133–34 construction sectors and, 69 demographic profile, 104–7 Housemark case study, 121–22, 130, 135 industrial designs/copying, 133 informal economy of, 101–2 informal innovations and incentives, 285–86 innovation system in, 116–21, 118f, 119f, 120f, 122–26, 123f, 124f, 125f intellectual property rights, 100, 108, 114, 129–30, 131 jua kali concept, 14, 21, 100, 143–45 metal manufacturing in, 70 Moses Metalwork case study, 121 obstacles to innovation, 126 open-source design, 127 policy considerations, 134–39, 136t products manufactured, 107f, 107–14, 110f, 113f, 115f role of, 102–4, 103f, 105t, 106f streamlined IP rights process, 132–33 survey/interview indications, 129–31, 395–97 Micro, Small and Medium Enterprises (MSMEs), 139 Micro and Small Enterprise Act of 2012 (MSEA 2012), Kenya, 135–38 in de x Micro and Small Enterprise Technology Project in Kenya, 317 “micro and small enterprises” (MSEs), 118 micro-entrepreneurs, 260 micro-firms in the informal economy education, training and knowledge, 67–68 exchanging of ideas, 179 innovative capacity among, 67 intellectual property rights and, 177–78 overview, 5, 23 pro-/countercyclical trends, 41 South Africa, 66, 151–52 technology, capital and capability, 71–72 Micro Venture and Innovation Fund, India, 241 middle-tier entrepreneurs, 64–66, 65t Ministry of Health (MOH), Ghana, 203, 208 Ministry of Industrialization and Enterprise Development, Kenya, 6 Ministry of Labor, Kenya, 301 mixed surveys, 348, 349–52 Morgan, Anneline, 327–30 Morocco, 24–25 Moses Metalwork case study, 121 Muriuki, Lawi, 121–22, 130 Nairobi. See metalworking sector in Nairobi Nairobi sofa-makers in, 70, 104 National Board for Small Scale Industries (NBSSI), Ghana, 201, 301 National Cultural Policy, Ghana, 231 National Development Agenda, Ghana, 231 National Development Plan, South Africa, 190 National Economy Policy, Senegal, 300 National Health Insurance Scheme (NHIS), Ghana, 215 National Informal Business Upliftment Strategy (Nibus), South Africa, 303 405 National Innovation Foundation (NIF), India, 241, 243 National Research Fund, Kenya, 307 National Science, Technology and Innovation Policy (2010), Ghana, 307 National Science and Technology Innovations Strategy, Ghana, 231 National System of Innovation (NSI), South Africa, 190, 192 natural phenomena and patenting, 292 Neem plant, medicinal, 287 NEPAD (The New Partnership For Africa’s Development), 340 Nigeria, 352, 353 non-agricultural informal economy, 46 non-agricultural jobs, 49, 101 non-governmental organizations (NGOs), 332, 358 non-profit organizations, 302 Northern Africa, 24t, 24–25, 34–35 obstacles to innovation and scalability, 163t, 163 on-the-job learning, 80 Open AIR project, 67, 232, 252 open knowledge flows, 289–90 open-source design, 127 open transfer of innovative ideas, 252 operational definitions of informal economy, 45 Organisation for Economic Cooperation and Development (OECD), 4, 47 inclusive innovation, 329 informal economy, 47, 49–52, 202 innovation policy approaches, 305 surveys for measuring innovation, 337 Oslo Manual, 345, 346, 363 owner perception of products, 156, 159t “ownership” of knowledge, 175 Patent Cooperation Treaty (PCT), 173 patents. See also trademarks applications, 217, 234, 238 appropriation of, 251 natural phenomena and, 292 protection, 249 406 in dex Patents Act (1978), South Africa, 173 Patents Act (2003), Ghana, 216–17 Personal Digital Assistants (PDA), 359 Plan Senegal Emergent, 300 policy approaches to innovation, 10–11, 296–97, 321–23, 330 co-creation hubs, 320 conventional approaches, 303–11, 306t, 316, 328–29 developing countries, treatment of innovation, 297–303 evidence-based policy-making, 300 “inclusive” innovation, 56, 329, 345 integration considerations, 311–21, 312–15t traditional science parks, 319–20 universality of, 332–35 policy balance, 327 postgraduate programs in traditional medicine, 230 price-sensitive consumers, 151 problem-solving in formal/informal economy, 69–70, 93 process innovations, 207 producer-based groups/ associations, 310 product innovations, 207 proprietary legal rights, 278 public procurement, 308, 329 Public Procurement Act, 139 public-sector innovation, 94–95 purposive sampling technique, 356 push/pull effect of value chains, 208, 209f, 225 quota sampling technique, 358 radical innovations, 80 Regional Programme on Employment for Latin America and the Caribbean (PREALC), 15 Registrar General’s Department (RGD), Ghana, 195, 207, 216–17 regulatory environment, 300 research and development (R&D), 54, 55, 57 conventional policy approaches, 304, 307 expenditures, 98 informal vs. formal domains, 191 innovation-driven growth, 1, 80 survey questions, 344 traditional medicine, 222 Research Network on Local Productive and Innovative Systems (RedeSist), 58 reverse knowledge flow, 68 RICYT (Red Iberoamericana de Indicadores de Ciencia y Tecnología), 338 risk-taking entrepreneurs, 319 rotating credit unions, 318 Rwanda, 269 Sackey, Emmanuel, 268–75 scalability obstacles, 213–16, 215t Science, Technology and Innovation Act of 2013, Kenya, 138, 307 science and technology (S&T), 55, 57, 58 African Observatory for STI, 367–70 challenges to, 327 characteristics of, 334 conventional policy approaches, 304 in innovation system of low-income country, 189–92 institutionalization of, 332 Science and Technology Research Endowment Fund (STREFund), Ghana, 307 secondhand products, 145 sector-specific fieldwork, 69 self-construction of tools, 70 self-employment, 31, 41, 88 semi-formal appropriation mechanisms, 128–29, 179–80, 236, 239, 242–43 semi-formal industry associations, 179–80 semi-formal IP rights, 234 Senegalese Ministry of Trade, Entrepreneurs and the Informal Sector, 301 Sengalese ICT and trade sector, 383–90 Seventeenth International Conference of Labour Statisticians, 18–19 in de x Shared Economic Infrastructure Facility (SEIF), South Africa, 301 Simply Logic organization, Kenya, 120, 130–31 skilled labor, 61, 317 skills constraints, 79 skills in the informal economy, 5 small, medium and micro enterprises (SMMEs), 147, 300, 301, 319 small-and medium-sized enterprises (SMEs), 268–70, 341 Small and Micro Enterprise Authority (SME Authority), Kenya, 137 Small Enterprise Development Agency (SEDA), South Africa, 183 Small Enterprise Finance Agency (SEFA), South Africa, 184 “small-scale innovation sector,” 119 snowball sampling technique, 356–58 social constraints, 79 socially influential innovations, 81 Society for Research and Initiatives for Sustainable Technologies and Institutions (SRISTI), India, 241 sofa-makers in Nairobi, 70 South Africa. See also home and personal care products in South Africa apartheid regime, 148–49, 189 business transitions in, 189–92 challenges to growth and development, 327–30 conventional policy approaches, 307 development and innovation agenda, 308 economic domains, 146 employment, 146 entrepreneurship, 148–49, 185, 186 industrial development in, 148 intellectual property rights, 170–75, 174t micro-enterprises, 66, 151–52 open knowledge flows, 289–90 regulatory environment, 300 technology transfer organizations, 309 South African Bureau of Standards (SABS), 153 407 South African Department of Small Business Development, 170, 184 South African Local Government Association, 184 South African National Informal Economy Forum (SANIEF), 180, 180n18 South African Patent Act (1978), 173 South Asia, 40, 49 South-East Asia, 40 Southern African Development Community (SADC), 327–30 SpicyIP, India, 283–93 stokvels, 243 sub-national governments, 299 Sub-Saharan Africa employment trends, 25, 26t informal sector in, 34, 36 innovation surveys, 338 labor force, 40 non-agricultural jobs, 49 sui generis system, 225, 286 supply-and-demand interactions, 68 supply-side approaches to innovation, 296 survivalist entrepreneurs, 65 System of National Accounts (SNA), 13, 18, 20, 31, 35 talim system, 244 Tanzania, 269 tax tariffs, 145 technological dualism, 68 technological innovation, 69–72, 81, 97 Technology Innovation Agency (TIA), South Africa, 307 technology transfer organizations, 165–66, 168f, 309 top-performer firms, 65 Trade Marks Act (1993), South Africa, 173 Trade Marks Act (2004), Ghana, 216–17 trademarks. See also patents absence of protection, 255 appropriation of, 251 as branding baseline, 140 statistics on, 175, 218t, 218–19 usefulness of, 177–78, 249 408 in de x Traditional and Alternative Medicine Directorate (TAMD), Ghana, 8, 195, 205, 208 traditional healers, 60 traditional herbal medicine in Ghana, 6, 7, 194–95, 224–25 appropriation mechanisms in, 216–20, 218t conventional policy approaches, 307 economic development, 199–201, 200t, 201t formal-informal linkages, 73–74 herbal medicine, 198–99, 210f, 214f in informal economy, 194, 202–7, 203f, 204t, 205t, 252–54, 276 as informal enterprises, 66 innovation system in, 202–13, 203f, 204t, 205t, 209f, 210f, 212t, 214f, 285 intellectual property rights, 194, 202–7, 203f, 204t, 205t, 252–54, 276 obstacles to innovation and scalability, 213–16, 215t policy options, 220–24 postgraduate programs in, 230 significance to health sector, 195–99, 196t, 197t sub-sector development, 228–31 sui generis system, 225, 286 survey on, 380–82 Traditional Knowledge Digital Library (TKDL), India, 287 traditional knowledge (TK) systems, 166–67, 243–44, 273–75 Traditional Medicine Practice Act 595 of Ghana (2000), 199 Traditional Medicine Practice Council (TMPC), Ghana, 195, 200, 208, 223, 356 Traditional Medicine Practitioners (TMPs), 66, 194, 195, 206 traditional science parks, 319–20 training and education organizations, 60 training by suppliers, 165, 166t transition countries, 27–29t, 29t Tunisia, 21, 338, 357 Uganda automotive artisans appropriation mechanisms, 249–51 formal-informal linkages, 74 intellectual property rights and, 249–51, 260, 391–92 overview, 67 under-5 mortality rates, 196 unemployment, 146, 149, 308–9 UNESCO Institute for Statistics, 338 United Nations University-Maastricht Economic and Social Research Institute on Innovation and Technology (UNU-MERIT), 368 Universidad de la República, Uruguay, 332–35 University Research Council, Uruguay, 334 unskilled labor, 61 upper-tier entrepreneurs, 64–66, 65t urban informal entrepreneurs, 56 value chains, 81, 208, 209f vertical integration, 279–80 vocational training, 67 voice in policy development and implementation, 328 voucher training program, 317 vulnerable employment in informal economy, 50–51 web-based surveys, 343 Williams, Colin C., 88–90 women, vulnerable employment, 50–51 World Employment Programme, 16 World Health Organization (WHO), 196, 197–99 youth, vulnerable employment, 50–51 Youth Enterprise Development Strategy, South Africa, 184 Youth Technology Innovation Fund, South Africa, 307