Training opportunities on intellectual property
The Botswana National Research, Science and Technology ( BNRST) Plan of 2005 categorizes Botswana as a minor player in the Intellectual Property ( IP) domain. According to the plan, most of IP protection in Botswana is sought by foreigners for foreign IP. The Plan emphasises that this situation needs redress and proposes interventions such as the development of the National Intellectual Property Policy to provide guidance for the management and exploitation of IP and, the establishment of regulatory framework to ensure better practice and returns from IP. Just recently, the Parliament of Botswana approved the National Intellectual Property Policy. Whether it will address the situation is yet to be seen. The plan further recommends for the development of a capacity building programme that will develop competencies in IP management and commercialization. Other national policy documents echo the BNRST Plan sentiment. The Report on the Determinants of the Botswana Innovation System of 2010 highlights lack of IP rights promotion, inadequate IP protection awareness and support structures as major challenges impeding creativity and innovation in Botswana. Notable proposed recommendations include creating awareness and professional support services for IP protection for Small and Medium Enterprises ( SMEs), universities, research institutions, scientists, artists and innovators. The National Policy on Research, Science, Technology, and Innovation ( NRST) Policy of 2011 advocates for the development of initiatives to capacitate intellectual property creators to stimulate creativity and innovation for economic development and growth.
A lot has been done in terms of developing the relevant policy framework to improve the national IP landscape. Botswana is a member of both the African Regional Intellectual Property Organization ( ARIPO) and the World Intellectual Property Organization ( WIPO). These organizations administer international protocols and treaties that facilitate Botswana citizens and residents to protect and commercialize their intellectual property in member countries. WIPO and ARIPO administer the Patent Cooperation Treaty and the Harare Protocol respectively and facilitate protection of inventions and utility models or technology solutions at lower costs in several countries. The Harare Protocol for instance, facilitates access and exclusive rights to commercialize technology solutions or IP in twenty- two African countries. It makes it possible for an owner of IP to access a large international market for his IP. Botswana has signed the Trade Related aspects of Intellectual Property Rights ( TRIPs) Agreement and it is a member state of the World Trade Organization ( WTO). Each member state of the WTO is obligated to treat its citizens and foreign nationals equally and fairly regarding protection of intellectual property. Individual Batswana, local SMEs and companies will not be discriminated against when they protect and commercialize their intellectual property in WTO member states. The statistics confirm the BNRST Plan’s statement that foreigners benefit more from the IP laws of Botswana than citizens. To address this situation a lot needs to be done. Not by the government but by all stakeholders. Individual citizens and private organizations, including SMEs need to be proactive and take advantage of the many training opportunities made available by WIPO. WIPO has basic and advanced courses on IP for individuals and SMEs. One such course is the Primer Course on IP which covers fundamental aspects of IP such as trademarks, patents, geographical indications, industrial designs, new plant varieties, unfair competition, and enforcement of IP rights. There is no final examination and no certificate for this course. Participants learn and review course materials at their own pace. Another course is the General Course on IP. It is opened to individuals who seek general knowledge of IP, people who generate various forms of IP and those who seek a deeper understanding of IP rights. The course is offered free of charge and participants sit for a formal examination and are awarded certificates upon completion. According to the Director General of WIPO, Darren Tang, WIPO through the WIPO Academy provides dedicated courses for entrepreneurs, exporters, SMEs, researchers, inventors, artists, IP managers, Diplomats, and other government officials. The courses are designed to provide beneficiaries with technical knowledge and skills needed to use the IP system to support economic development and growth, business growth, and job creation. Furthermore, WIPO provides access to IP higher education to developing and least developed countries by establishing partnerships with local universities and IP training institutions. WIPO has partnered with Africa University and ARIPO in Zimbabwe to offer a joint Master’s degree in IP. A joint Master of law degree in IP is offered through a partnership between WIPO, Ankara University and the Turkish Patent and Trademark Office. This year WIPO and Saudi Authority for Intellectual Property ( SAIP) and Umm Al Qura University ( UQU), in the Kingdom of Saudi Arabia are preparing to launch a new Master’s degree in Intellectual Property, Entrepreneurship and Innovation ( MIPEI). This is to mention but a few. It is this kind of opportunities that universities and IP training institutions in Botswana should proactively exploit and help improve IP knowledge, understanding and exploitation across all sectors of the economy.
Information on IP training was obtained from the WIPO website www. wipo. int. kesupemangp@ gmail. com