Chronicle Editor
Darlington Nyoni
That the world has experienced a major shift from being industry-based to being knowledge-based is an open secret and a reality the world should accept and react upon with urgency.
The progressive transition has had the effect of producing a knowledge society in which the net worthiness of an individual, firm or nation is hugely dependent on their possession of highly sought-after knowledge capable of solving problems faced by humanity. Information is power but appropriate technical information is even more powerful.
In such a society he who has vital knowledge dominates the rest. This explains why even in the face of life threatening pandemics like Covid-19, powerful nations like the United States of America, China and Russia, deliberately made huge investments towards producing the vaccine for dealing with the disease. While the vaccines are meant to save lives, they have also been used to gauge the knowledge base of these nations.
The value that has been attracted by possession of knowledge has pushed economies of the world to engage on a fierce marathon. They make huge investments in the development of medicines and invest in the protection of that knowledge.
In this piece, the writer chronicles the different initiatives that Zimbabwe has undertaken to position itself in the field of intellectual property (IP) to leverage IP as strategy for achieving economic growth.
In the last decade Zimbabwe has undertaken various IP development initiatives targeted at ensuring that the country enjoys meaningful benefits from using IP as a strategy for bringing about economic development.
Zimbabwe’s approach in this area has been multipronged ranging from; acceding to regional and international bodies which deal with IP issues, developing a national IP policy, reforming its existing IP laws and creating a semi-autonomous institution that deals with companies and IP matters. Elsewhere, these initiatives have led to improvements on both the management and administration of IP and Zimbabwe is optimistic that it will enjoy the same benefits.
In terms of acceding to regional and international bodies which deal with IP issues Zimbabwe is a contracting party of the World Intellectual Property Organisation (WIPO). It is also a member of the African Regional Intellectual Property Organisation (ARIPO).
WIPO is the worldwide assembly which deals with IP services, policy, information and cooperation for its member states. The Convention that established WIPO was signed at Stockholm in 1967 and entered into force in 1970 following the conclusion of the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works, respectively.
WIPO exists to serve two main objectives which are; to promote the protection of intellectual property worldwide and to ensure administrative cooperation among the intellectual property unions established by the treaties that WIPO administers.
To achieve these objectives, WIPO manages extensive legal and capacity- building programs for its member states.
WIPO assistance is tailor-made and may come in more than one form, or a combination, including providing legislative advice, supporting infrastructure development, providing training and enhancing professional skills.
Zimbabwe is a contracting party of WIPO having deposited its instrument of accession to WIPO on September, 29, 1981. This means it is eligible to membership to any of WIPO-administered treaties. Currently, the country is a signatory to the following WIPO treaties; Beijing Treaty on Audiovisual Performances, (2020), Marrakesh VIP Treaty (2019), Madrid Protocol, (2015), Patent Cooperation Treaty (PCT), (1997), WIPO Convention, (1981), Paris Convention, (1980) and the Berne Convention, (1980).
ARIPO is an intergovernmental organisation that grants and administers IP titles on behalf of its Member States and provides IP information to its clientele in the form of search services, publications and awareness creation. Zimbabwe joined ARIPO in 1982 and is a signatory to the Banjul Protocol on Marks (1997) and the Harare Protocol on Patents and Industrial Designs, (1984).
Recently, Zimbabwe has been instrumental in the development of a Protocol on Voluntary registration of Copyright and Related Rights which was adopted in Kampala, Uganda in August 2021.
It is yet to be seen whether the country will ratify the protocol which has been so far ratified by Zambia, Namibia, and the Gambia. The Protocol will establish a regional voluntary registration of Copyright and Related Rights, and create and maintain a regional Database for Copyright and Related Rights.
The protocol is believed to be the first of its kind in Africa and will help protect the ARIPO Member States and Africa’s creative industry by ensuring that the creators benefit from their creative works.
The Republic of Zimbabwe which was elected as the Administrative Council Chair of ARIPO represented by the Chief Registrar of Companies & Intellectual Property Zimbabwe on the 8th of December 2021 is tipped to use this opportunity to further develop its IP system
The adoption of WIPO’s Development Agenda (DA) in 2007 incentivised most African countries to formulate national IP policies. In 2018, Zimbabwe launched its first national Intellectual Property Policy and Implementation Strategy 2018-2022.
The policy which was formulated with the assistance of WIPO acknowledges the important role that Intellectual Property Rights (IPRs) play in development including cultural, economic and social development. In fact, it recognizes that Zimbabwe’s IP potential is a sleeping giant that if fully exploited could bring miracles to the country.
There is a general belief that the absence of a national IP policy for a long time could be the major reason why Zimbabwe could not make any meaningful benefits from using IP. Zimbabwe’s IP policy is therefore expected to guide and give direction as to how Zimbabwe can economically exploit IP for the economic development of the country.
The policy also seeks to ensure that the entire IP governance framework leverages Zimbabwe’s IP potential for inclusive and sustainable economic growth and development. The policy targets all critical sectors of the economy including, agriculture, industry, health, culture, education, tourism, trade and SMEs.
Zimbabwe’s IP laws have been viewed as outdated and largely inherited from colonial days and therefore need updating. There has been a call by different stakeholders in the IP fraternity to have these laws reviewed for the good of both the Government and the users of the IP system.
To respond to this call, Zimbabwe has initiated the process of reforming all its IP laws to align them with the modern world business demands. The past two years have seen a complete review of the Copyright and Neighbouring Rights Act, the Beijing and Marrakesh Treaties. All other IP laws are on standby for similar review.
Zimbabwe has initiated a process that will see the unbundling of the Companies and IP office from the Department of Deeds Companies and Intellectual Property. According to a Cabinet Decision taken on 9 November 2021, the creation of the Companies and Intellectual Property Office, Zimbabwe, (CIPZ) as a semi-autonomous entity by the Government of Zimbabwe is meant to do away with a rigid system that has been in place since 1894. Government noted that the creation of a semi-autonomous entity will help the office to keep up with increasing obligations and modern business demands to deliver real time service.
The restructuring has created an entity dedicated to deal with Companies and IP matters to improve the ease of doing business in line with Vision 2030 which is the Government’s blue print to attain an upper-middle income status by 2030.
The separation of IP functions from the Deeds Registry is expected to improve the office’s capacity to effectively deliver on its functions as a modern IP office. Such functions include; IP registration and protection, IP outreach services, promotion of innovation, promotion of IP utilisation, ensuring compliance with international treaties and agreements and also supporting enforcement activities. The move towards establishment of a semi-autonomous Intellectual Property Office is believed to enhance competence and skills retention.
The smooth performance of the above functions will attract other associated benefits such as improving and streamlining the process of registration of IP, positioning IP as a tool to stimulate economic growth, raising income and promoting investment and employment, harmonising and expediting IP procedures, registrations, filings and searches and enhancing the efficient exchange and distribution of information.
There is excitement among different IP stakeholders that Zimbabwe is in the right direction with regards to developing its IP system in line with best IP practices. With the full implementation of the different initiatives the country has embarked on so far, its IP system is poised to grow to greater heights. This will in no doubt enhance accountability, commitment and efficiency of the system leading to economic growth.
l Darlington Nyoni is a freelance writer who can be contacted on [email protected], [email protected], [email protected] or 0772 524398. The views and opinions he expresses in this article are his and do not purport to reflect the opinions or views of his employer. Nyoni has a Master of Intellectual Property (MIP, Africa University), Master of Business Administration (MBA, Nust) and is an IP examiner at CIPZ
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