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INTELLECTUAL PROPERTY POLICY OF THE REPUBLIC OF …

INTELLECTUAL PROPERTY POLICY OF THE REPUBLIC of south AFRICA PHASE I Division: International Trade and Economic Development 1 INTELLECTUAL PROPERTY POLICY of The REPUBLIC of south Africa Phase I 2018 Contents 1. List of Abbreviations .. 2 2. 3. Problem Statement ..7 4. Purpose ..9 5. Strategy .. 12 6. IMCIP .. 13 7. Phase I .. 14 IP and public health .. 14 Local manufacture and export in line with industrial POLICY .. 15 Substantive Search and Examination .. 17 Patent Opposition.

4 The goals of this comprehensive IP Policy are: To consider the development dynamics of South Africa and improve how IP supports small institutions and vulnerable individuals in society, including in …

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1 INTELLECTUAL PROPERTY POLICY OF THE REPUBLIC of south AFRICA PHASE I Division: International Trade and Economic Development 1 INTELLECTUAL PROPERTY POLICY of The REPUBLIC of south Africa Phase I 2018 Contents 1. List of Abbreviations .. 2 2. 3. Problem Statement ..7 4. Purpose ..9 5. Strategy .. 12 6. IMCIP .. 13 7. Phase I .. 14 IP and public health .. 14 Local manufacture and export in line with industrial POLICY .. 15 Substantive Search and Examination .. 17 Patent Opposition.

2 19 Patentability Criteria .. 21 Disclosure Requirements .. 22 Parallel Importation .. 23 Exceptions .. 25 Voluntary Licences .. 27 Compulsory Licences .. 27 IP and Competition Law .. 29 Rule of Law, Legal Certainty & Security of Investments .. 31 International IP Cooperation .. 34 Multilateral Arrangements .. 35 Regional and Bilateral Arrangements .. 40 8. In-Built Agenda .. 42 Medium 42 Monitoring & Evaluation .. 45 9. Conclusion .. 46 2 1. List of Abbreviations ABS Access and Benefit Sharing ACIP Australia s Advisory Council on IP AMR Antimicrobial resistance ARIPO African Regional INTELLECTUAL PROPERTY Organization AU African Union BRICS Brazil, Russia, India, China.

3 south Africa CBD Convention on Biological Diversity CIDP Committee on Development and INTELLECTUAL PROPERTY CIPC Companies and INTELLECTUAL PROPERTY Commission CEDAW Convention on the Elimination of all Forms of Discrimination against Women and Girls CEWG Consultative Expert Working Group on Research and Development: Financing and Coordination CRC Convention on the Rights of the Child CRPD Convention on the Rights of Persons with Disability G20 Group of 20 GI Geographical Indication ICESCR International Covenant on Economic.

4 Social and Cultural Rights IMCIP Inter-Ministerial Committee on INTELLECTUAL PROPERTY IP INTELLECTUAL PROPERTY IPAP Industrial POLICY Action Plan IPR INTELLECTUAL PROPERTY Rights LDC Least Developed Countries LMMC Like-Minded Mega-Diverse Countries NDP National Development Plan NGP New Growth Path Framework NEDLAC National Economic Development and Labour Council NIPF National Industrial POLICY Framework OAPI Organisation Africaine de la Propri t Intellectuelle PAIPO Pan African INTELLECTUAL PROPERTY Organization PCT Patent Cooperation Treaty R&D Research and development SDG Sustainable Development Goals SADC Southern African Development Community SAHPRA south African Health Products Regulatory Agency SMMEs Small.

5 Medium and micro-enterprises SSE Substantive Search and Examination the dti The Department of Trade and Industry TRIPS The Agreement on Trade-Related Aspects of INTELLECTUAL PROPERTY Rights UNCTAD United Nations Conference on Trade and Development UNDP United Nations Development Programme UNHLP United Nations Secretary General s High Level Panel on Access to Medicines UPOV International Convention for the Protection of New Varieties of Plants WHO World Health Organization WIPO World INTELLECTUAL PROPERTY Organization WTO World Trade Organization 3 2.

6 Introduction The National Development Plan (NDP) of south Africa calls for a greater emphasis on innovation, improved productivity, an intensive pursuit of a knowledge economy and the better exploitation of comparative and competitive advantages. INTELLECTUAL PROPERTY (IP) is an important POLICY instrument in promoting innovation, technology transfer, research and development (R&D), creative expression, consumer protection, industrial development and more broadly, economic growth.

7 south Africa s economic development strategy aims to accelerate growth along a path that generates sustainable and decent jobs in order to reduce poverty and the extreme inequalities that characterise our society and economy. The National Industrial POLICY Framework (NIPF), implemented through the Industrial POLICY Action Plan (IPAP), is a central component of our economic development strategy. The NIPF and IPAP seek to encourage and upgrade value-added, labour-absorbing industrial production, and diversify the economy, by moving away from the current over-reliance on commodities and non-tradable services.

8 Knowledge, innovation and technology are increasingly becoming the drivers of progress, growth and wealth. Therefore, south Africa needs to transition towards a knowledge economy, and away from an over-reliance on natural resources. A specific framework of conditions is necessary to enable south Africa to make this transition, and an IP POLICY is one of the core elements required to achieve this objective. The south African Constitution already protects INTELLECTUAL PROPERTY rights (IPR) from arbitrary deprivation and in recent decades, south Africa has made significant strides in the just protection, administration, management, and deployment of IP.

9 Statutes relating to IP in south Africa include, but are not limited to: INTELLECTUAL PROPERTY Rights from Publicly Financed Research and Development Act 51 of 2008 National Environmental Management: Biodiversity Act 10 of 2004 Patents Act 57 of 1978 Merchandise Marks Act 17 of 1941 Copyright Act 98 of 1978 Designs Act 195 of 1993 Plant Breeders Rights Act 15 of 1976 Trade Marks Act 194 of 1993 Despite attention paid to IP law-making in the country, there is a need for a comprehensive IP POLICY that will promote a holistic, balanced and coordinated approach to IP that is mindful of the many obligations mandated under the south African Constitution.

10 4 The goals of this comprehensive IP POLICY are: To consider the development dynamics of south Africa and improve how IP supports small institutions and vulnerable individuals in society, including in the domain of public health To nurture and promote a culture of innovation, by enabling creators and inventors to reach their full potential and contribute towards improving the competitiveness of our industries To promote south African arts and culture To solidify south Africa s various international obligations.


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