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!