Advancing IP Education and Training

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IPRTA Forum 08
July 9-11, 2008
Mexico City
THEME
EVOLVING AND MAINSTREAMING
TECHNICAL ASSISTANCE FOR IPR
REFORM AND CAPACITY BUILDING
Panel 6:
Sub-Theme:
Advancing IP Education and
Training
Presenter
Beverley Pereira
Attorney-at-Law
University Counsel/Head Legal Unit
University of the West Indies
Mona Campus, Jamaica
Introducing the Caribbean
•
•
Outline of Presentation
Introducing the Caribbean
Factors relevant to the provision of IP education
in the English-Caribbean Caribbean (ESC)
–
–
–
–
The Tertiary Level Scene
The Caribbean Community
International, Regional and Bilateral Agreements
Issues of concern to Caribbean Governments with IP
components
Introducing the Caribbean
• Status of IP teaching & role of T/A
• Proposals
The Caribbean
The Caribbean
• Space between North and South America
surrounded by the Caribbean Sea
• An Archipelago characterized by the necklace of
Islands -from the Bahamas in the north to
Trinidad and Tobago in the south
.
Introducing the Caribbean
• Concept of the “ Wider Caribbean” – includes
•
countries with at least one border washed by the
Caribbean sea
In this sense the Caribbean is a culturally and
linguistically diverse space –English, French,
Spanish, Dutch languages spoken
• The English-speaking Caribbean will be the focus
of this presentation
Introducing the Caribbean
• English-speaking Caribbean: countries
concerned:
Anguilla, Antigua and Barbuda, the
Bahamas, Barbados, Belize, the Cayman
Islands, Dominica, Grenada, Guyana,
Jamaica, St. Kitts and Nevis, St. Vincent
and the Grenadines, St. Lucia, Montserrat
and Trinidad and Tobago
Introducing the Caribbean
• In global terms these are small (in some
cases micro) states
• Population of approximately 6M people
• Shared colonial history- most former
colonies of the UK
• Most achieved political independence
between 1962 and the 1970s
Introducing the Caribbean
• A few- Anguilla, the Cayman Islands and Montserrat -
remain colonies of the UK but with a high level of
political autonomy with respect to internal governance
• Official language is English; some indigenous dialects
and creole languages
• Multi-racial, multi-cultural countries with African,
European, Indian, Chinese, Middle Eastern influences
Introducing the Caribbean
Little countries with big impact:
Music/Lifestyle: Reggae music originated in
Jamaica: iconic Bob Marley;
“One Love” dubbed song of the century by Time
Magazine; Album “Exodus” album of the century
Steel pan and Calypso/soca music originated in
Trinidad and Tobago
Steel pan- only new musical instrument created in the
20th century
Introducing the Caribbean
• Food and Drink- Caribbean Rum; Jamaican
Blue Mountain coffee, Jamaican jerk
seasonings, Jamaican Ginger, Demerara
Sugar; Grenadian nutmeg etc.
• Athletics/Sport- Track and Field
Bob Sled (Cool Runnings Film) etc.
Introducing the Caribbean
IPRs are integral to all the areas of creativity
inventiveness and production mentioned
above from copyright through to patents,
trade marks and geographical indications
Advancing IP Teaching in the
Caribbean: Relevant Factors
1. Tertiary Level Scene
Over 80 tertiary level institutions (TLIs)
operate in ESC
In this number are several national
Universities (eg. in Belize, Guyana,
Trinidad and Tobago, Jamaica (4);
Grenada
University of the West Indies-regional
Advancing IP Teaching in the
Caribbean: Relevant Factors
• The University of the West Indies is a regional
•
institution serving 15 ESC countries; significant
funding from the states
Four campuses:
– Mona Campus- Jamaica; Cave Hill Campus in
Barbados, St. Augustine Campus in Trinidad and
Tobago and the Open Campus which serves 12
countries without traditional campuses, through
University centres
Advancing IP Teaching in the
Caribbean: Relevant Factors
Advancing IP Teaching in the
Caribbean: Relevant Factors
• The University of the West Indies (UWI) is
considered the premier institution of higher
learning in the English-speaking Caribbean
• It was established in 1948 in “special
relationship” with the University of London
• In 1962 it became an autonomous institution
•
when it started to grant its own degrees
60th Anniversary celebrations this year
Advancing IP Teaching in the
Caribbean: Relevant Factors
• UWI has had and continues to have a
significant impact on the social economic
and political development of the region
and on Human Resource Development
Advancing IP Teaching in the
Caribbean: Relevant Factors
• UWI tends to be the first port of call for
policy advice, research, for guidance
especially in new areas of knowledge
• In trade negotiations, UWI is called on to
provide technical advice, negotiating skills,
research results, analysis etc. to inform
country positions
Advancing IP Teaching in the
Caribbean: Relevant Factors
• UWI articulates with other tertiary level
institutions in the region through the
Association of Tertiary Level Institutions
(ACTI)
• Through engagement with many ACTI
members UWI assists in teacher-training
programmes throughout the Caribbean
Advancing IP Teaching in the
Caribbean: Relevant Factors
• UWI has a strong distance education
programme delivered mainly through
teleconferencing facilities
• It collaborates with institutions inside and
outside of the region through a variety of
networks and collaborative agreements
Advancing IP Teaching in the
Caribbean: Relevant Factors
2. Caribbean Community
Most states in the ESC as well as Haiti (Frenchspeaking and an LDC) and Suriname in South
America (Dutch-speaking) comprise the
Caribbean Community (CARICOM) and have
undertaken by Treaty to become a single
market, and in due course, a single economy
(CSME)
Advancing IP Teaching in the
Caribbean: Relevant Factors
• Article 66 of the Revised Treaty of
Chaguaramas under which the Caribbean
Single Market and Economy is established
provides a basis for regional co-operation
in aspects of IP administration
Advancing IP Teaching in the
Caribbean: Relevant Factors
Art. 66 mandates the promotion of IP protection
in the Community by:
– Strengthening IP regimes and the
simplification of registration processes
– Establishing a regional system to administer
IPRS
– Establishment of mechanisms for:
• The beneficial use of IPRS by members states,
preservation of indigenous culture and protection
of TK/folklore
Advancing IP Teaching in the
Caribbean: Relevant Factors
• Use of patent documentation as a source of
technological information
• Public education
• Measures to prevent abuses of IPRS
Issue of Regionalism in IP Development
- Note tension with national policies in some cases
Advancing IP Teaching in the
Caribbean: Relevant Factors
3. International, Regional and Bilateral
Agreements
• TRIPS Agreement
• WIPO Internet Treaties
• Bilateral Trade Agreements
– CARICOM/Dominican Republic
– CARICOM/Cuba
Advancing IP Teaching in the
Caribbean: Relevant Factors
• Bilateral IP agreements (US-Trinidad and
Tobago; US-Jamaica)
• CARIFORUM-EU EPA which includes a
chapter on the protection of IPRS: initialed
in December; to be signed some time this
year
Advancing IP Teaching in the
Caribbean: Relevant Factors
4. Issues of concern for Governments:
Focus on Services, Entrepreneurship
(SMEs); Research and innovation
(Universities and research institutions);
protection of geographical indications,
biodiversity and traditional knowledge;
food security
Status of IP Teaching in the Region
• Against this background, developing capacity in
teaching of IP subjects is imperative
• Urgent need for IP policy advisors, negotiators,
qualified academics and researchers; informed
teachers who can explain intellectual property
right principles at all levels of the school system
Status of IP Teaching in the Region
• Apart from the courses offered at the
University of the West Indies (UWI),
courses on IPRs are not generally
available in Universities and other TLIs in
the Caribbean
Status of IP Teaching in the Region
• UWI Programmes include:
Undergraduate course in intellectual property in
the LL.B Degree Programme
IP as an elective in the Masters in Commercial
Law Programme
IP Module in the Masters in International Trade
Policy Programme
IP Module in the WTO/UWI Trade Policy Course
for trade officials in CARICOM states
Status of IP Teaching in the Region
Copyright for Caribbean Librarians and
Information Specialists- module in the Masters in
Librarianship – offered at only one campus of
UWI
Entrepreneurship and Innovation
(undergraduate degree programme at the St.
Augustine Campus- short module on IP) coming
on stream 2008-9 academic year
Status of IP Teaching in the Region
• UWI offerings need to be significantly
augmented to meet current and future
needs
• IP courses need to be instituted in the
other Universities and TLIs
• But, absence of appropriately trained
personnel in the field
Technical Assistance for IP teaching
in ESC
In advancing capacity building in relation to the
teaching of IP, significant T/A has been
provided:
– OAS sponsored trade policy courses at UWI which
grew into the Masters in International Trade Policy
(which it continues to support)
– WIPO – various training programmes; partnered with
Universities and Law Schools (eg. Franklin Pierce Law
School; Georgetown University)
– WIPO Worldwide Academy (free online courses)
Technical Assistance and IP
Teaching in ESC
• -WTO/WIPO colloquium for teachers of IP-
awards to at least 2 Caribbean practitioners to
participate
• Essentially, IP education in the region to date
•
has been driven by a few enthusiastic academics
who have taken the initiative to upgrade their
qualification and skills in the subject
Some have acquired higher degrees (Cambridge
University and the University of London in the
UK and Georgetown U in the U.S.)
Technical Assistance and IP
Teaching in ESC
• To date the role of technical assistance in
IP education though significant, has not
been extensive or consistent
Technical Assistance for IP
development
• This is not to say that T/A has not been
available for IP development in the region
• WIPO (Co-operative agreement with CARICOM
states); WTO; USAID; CIDA; PIIPA, EU.
• Focus has been on facilitating the meeting of
obligations under trade agreements: review of
draft laws; trade facilitation; antipiracy efforts;
enforcement; facilitating negotiations
Technical Assistance for IP
development
Of note:
- Geographical Indications project currently being
undertaken in Jamaica under a technical cooperation agreement between the JIPO and the
Swiss Intellectual Property Institute
- CARIFORUM-EU EPA- provisions for technical
assistance in the Agreement
- Intra-Caribbean T/A
Proposals
• If Universities in the ESC are to be at the
heart of National IP systems, there needs
to be serious and consistent capacity
building efforts in the region involving:
– Institutional strengthening
– Human Resource Development
– Curriculum Development
Proposals
• It must be borne in mind that IPRS are
still not widely accepted in the region at
political level as tools for development
• Need for integration into national and
sectoral plans
Proposals
• Some movement in that direction
– National IP audit in Barbados; National IP
Policy, T&T
– Focus on cultural industries and their
economic importance
– Concerns about rights management
– Issues of food security (plant variety
protection)
– Projects re Branding –e.g. Brand Jamaica
Proposals
But there is urgent need for expertise in the
Region especially in the following areas
and Universities should play a central part
through teaching and research:
-Valorization & Securitization of IPRs
-Use of patent documentation
-Drafting patent claims
-Access to research resources
Proposals
- Technology Transfer -commercialization of research
results; establishment of incubators; assistance to SMEs
- Development of Negotiating Skills
- Development of IP Policies by the Universities and TLIs
-
with respect to the ownership and disposition of their
own IPRS
Capacity to develop specialized/customized IP
programmes (judges, customs; SMEs etc.)
Proposals
I propose that consideration be given by the
Forum to the establishment of a pilot
project/programme for the development of IP as
a discipline in the Universities and other TLIs in
the ESC
Components of such a project/programme would
include the provision of T/A to :
• Qualify persons in the relevant subject areas
(scholarships, bursaries, attachments, etc.)
Proposals
• Assist with developing appropriate
curricula for IP subjects
• Facilitate the institutionalization and
integration of IP subjects (including
provision to ensure sustainability)
Proposals
• Technical Assistance Initiatives should subscribe
to principles that would engender, at least:
- Ownership of structures and processes by
beneficiaries
- Linkages with development plans of the
countries of the region (NB warning sounded by
Geoffrey Yu yesterday: efforts re IP development
need to translate into more jobs, more
investment; more creativity)
- Sustainability
Proposals
• Establishment of co-operative agreements with
established institutions/programmes
• Possibility of South/South collaboration -despite
linguistic differences
• Development of a network of institutions so that
those with mature IP programmes could assist
institutions in the ESC and elsewhere
Proposals
• UWI, given:
 its regional reach
 history and experience with distance
education
teleconferencing facilities throughout region
core of academics committed to IP dev.
could be the focal point/executing body for a
regional project/programme dedicated to the
teaching of IP in the ESC
Proposals
• As part of the project- national or sub-regional
programmes would be instituted and provision made for
their sustainability.
Later, national or sub-regional programmes could evolve
as necessary
• “Diffusion and Empowerment”
• Empowering Universities and TLIs through appropriate
T/A would be an excellent way to move towards
achieving these two objectives- diffusing IP through
teaching and learning, and empowering creators and
innovators to use the IP system for their own benefit,
and also for the economic, social and cultural
development of their countries
Thank you!
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