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Aleck Ncube
THERE is a commonly held assumption, in Zimbabwe at least, that only educated people can protect an idea or use the intellectual property (IP) system to do so. As a result, although Zimbabwe is home to many talented creators, their works are largely undervalued and unprotected. If Zimbabwe is to fully benefit from its wealth of creative and innovative talent and take its rightful place on the world IP stage, Zimbabweans need to fully recognise and celebrate the talents of their innovators and creators.
Low-levels of IP awareness among the public mean that neither breach of copyright nor plagiarism is considered wrong and there is little realisation that it is unlawful. Law enforcement officers are swimming against a tide of public ambivalence when it comes to IP, which makes their task all the more difficult.
Many individuals are driven by an overriding concern to make money from an idea regardless of where the idea comes from. They care little about the rights (economic or moral) of the person or group that first came up with and developed the idea.
Factors fuelling piracy
This general lack of public IP awareness has fuelled a booming illegal trade in pirated CDs, DVDs and the like. Hawkers touting their illegal wares are a common sight on street corners, at bus and train stations and in bars and restaurants. On the supply side, widespread youth unemployment is fuelling this illegal activity. On the demand side a lack of consumer purchasing power makes pirated rip-offs a cheap and attractive option. For their part, creators are unable to act to put a brake on such activities as they too are hamstrung by a chronic lack of awareness about the IP rights that flow from their work.
Transforming lives with IP awareness
In Zimbabwe, IP has the potential to help reduce poverty, create employment and accelerate economic growth. Translating this promise into reality, however, requires a concerted effort by the Government of Zimbabwe to invest in, IP education and to support the implementation of comprehensive public awareness campaigns to boost understanding of the system and its potential benefits. At ZITF 2018, I observed a lot of creative works from Zimbabwean creators and wondered how much the creators are losing out by not utilising the IP system to protect their works. The transformative potential of effective IP awareness campaigns is well documented and Zimbabwe can easily learn from other countries like Kenya.
Gifted and highly creative craftsmen in the informal sector of our economy produce a number of original and attractive furniture designs. However, they never reap the full economic benefits of their work because as soon as they start making and selling a new design other craftsman would copy it and undersell them. It is important for the Zimbabwe Intellectual Property Office (ZIPO) to extensively advertise and outline its mission and services. I am confident this will massively raise awareness in the SMEs and informal sector on the need to identify and protect their IP. SMEs support institutions (chambers of commerce, association of SMEs etc. must deliver appropriate guidance, support and training programmes on IP for SMEs. This will lead to the strengthening in understanding, appreciating, the importance of protecting IP assets and integrating them in their business plans as tools for growth, competitiveness and success. Assisting relevant SMEs stakeholders to create an enabling environment for making the IP system more accessible, affordable and less complex for the SMEs is urgently needed.
Financing intellectual property
There is no shortage of entrepreneurs in Zimbabwe, there are few opportunities for SMEs to expand or develop their innovative ideas. Zimbabwe does not have groups of financiers ready to invest in innovative Zimbabwean-grown ideas. The country’s venture capital market is poorly developed. There is an urgent need to actively invest in developing an effective national innovation ecosystem. In Zimbabwe, IP is not generally recognised — by financial institutions or right owners — as a valuable capital asset that can be used as collateral to obtain business finance.
Zimbabwe’s poorly developed innovation ecosystem means that the economic potential of the country’s promising small and medium-sized enterprises (SMEs) sector is under exploited. Left unprotected, a promising invention or service may be lost to larger competitors with the means to more effectively commercialise them. An effective IP-focused business strategy is crucial in deterring potential infringement, turning ideas into business assets with real market value and funding follow-on innovation.
IP capacity-building
Building-up Zimbabwe’s IP capacity will take time, energy and leadership. In Zimbabwe, for example, we need to improve the IP knowledge and expertise of ZIPO staff so they are able to deliver an improved quality of service. Progress in building IP awareness needs to be steady and incremental. As a first step, much can be achieved by focusing on rolling out IP education initiatives at locations where generators of IP operate.
IP offices, such as ZIPO, need to target innovators and encourage them to use the facilities they offer, including access to IP databases, many of which are free of charge. Awareness can be created in multiple ways: through workshops and training programmes; by publicising the services of IP lawyers; and by disseminating well-crafted publicity materials and posting timely and accurate information on internet websites. Similarly, much can be gained by exchanging experiences and views with other emerging economies, such as Kenya, Ethiopia and South Africa, where rates of IP use are on the rise.
Most emerging and fast-evolving industries, including the internet and the social media platforms, are characterised by their high IP content. In the era of the knowledge economy, the IP system is the mechanism by which creators, inventors, companies and countries can add value to their creative and innovative resources and thereby spur economic growth. The challenge for Zimbabwean policymakers is to ensure that IP issues move up the political agenda so that the necessary resources and leadership are available to support the development of an effective and sustainable innovation ecosystem.
While innovators may be found everywhere, those who understand how to protect the IP they create are few and far between. If Zimbabwe is to advance in technology, science, design and other fields to take its rightful place in the world, we must overcome this hurdle.
As Zimbabwe “Opens for Business” Government has unprecedented opportunities to influence and guide public opinion through radio, television and social media platforms.
There is need to embrace these tools, showcase and celebrate our ingenious inventors and creators and explain how IP can transform the lives of ordinary people on the street.
There is need to target different communities — designers, musicians, artisans, entrepreneurs, teachers, researchers and policymakers — to demonstrate the transformative power of innovation and the benefits that flow from understanding IP and its strategic use. The road ahead is long and the challenges are complex, but we have the raw materials — a huge pool of talented and imaginative young people — to tackle and resolve the many challenges that Zimbabweans face daily and to achieve sustained economic growth and social and cultural development.
Online Reporter