Respect for IP - Growing from the Tip of Africa

Respect for IP – Growing from the Tip of Africa

International Conference

The International Conference Respect for IP – Growing from the Tip of Africa will foster policy dialogue and serve as an incubator of ideas that can support an effective and balanced intellectual property (IP) enforcement system.

More than 400 participants from all over the world are expected, including government ministers and policymakers, judges and senior enforcement officials, international governmental and non-governmental organizations, businesses, the legal fraternity and consumer groups.

October 23 – 25, 2018

Location: Sandton, South Africa

Background

An incomplete public understanding of the benefits of IP, as well as the socio-economic risks associated with counterfeit goods and piracy, compromises the potential of the global IP system in driving sustainable economic growth, advancing cultural and social development and contributing to a higher level of consumer protection.

By bringing together a wide range of stakeholders, the Conference will create opportunities for collaborations and strengthen existing partnerships to build respect for IP.

Discussions will cover a broad spectrum of topics linked to the overarching theme of the Conference – from the economic value of IP and its public interest rationale to specific challenges facing different actors involved in IP enforcement and options for their effective handling.

Greeting messages

Rory Voller
CIPC Commissioner PDF, Message from Rory Voller, Commissioner, Companies and Intellectual Property Commission (CIPC)

Francis Gurry
WIPO Director General PDF, Message from Francis Gurry, Director General, World Intellectual Property Organization (WIPO)

Jürgen Stock
INTERPOL Secretary General PDF, Message from Jürgen Stock, Secretary General, International Crime Police Organization (INTERPOL)

Kunio Mikuriya
WCO Secretary General PDF, Message from Dr. Kunio Mikuriya, Secretary General, World Customs Organization

Roberto Azevêdo
WTO Director General PDF, Message from Roberto Azevêdo, Director-General, World Trade Organization (WTO)

Program

Welcome and gala dinner

Dress code: formal

The Conference will be opened by a gala dinner on October 23, 2018.

Speakers:

  • Adv. Rory Voller, Commissioner, CIPC, DTI, South Africa
  • Mr. Francis Gurry, Director General, World Intellectual Property Organization (WIPO)
  • Mr. Anbuen Naidoo, Executive Committee Delegate for Africa, International Criminal Police Organization (INTERPOL)
  • Dr. Kunio Mikuriya, Secretary General, World Customs Organization (WCO)
  • Mr. Xiaozhun Yi, Deputy Director General, World Trade Organization (WTO)

Day one – October 24, 2018

Welcome addresses

  • Adv. Rory Voller, Commissioner, CIPC, DTI
  • Mr. Francis Gurry, Director General, WIPO
  • Mr. Anbuen Naidoo, Executive Committee Delegate for Africa, INTERPOL
  • Dr. Kunio Mikuriya, Secretary General, WCO
  • Mr. Xiaozhun Yi, Deputy Director General, WTO

Keynote Speech

Ms. Joanmariae Fubbs

Member of Parliament and Chairperson, Portfolio Committee on Trade and Industry, South Africa

Session 1 – The Value of IP for Economic Growth, Small Businesses,
Investment, Job Creation and Development

IP is a key tool for capturing the value and extracting the benefits of technological advancements for businesses as well as for society at large.

A respected, balanced and functioning IP ecosystem can draw investment, thereby turning the wheel of job creation and generating opportunities for businesses, large and small, to flourish in their creative and innovative endeavors.

Creating the right conditions for the success of such businesses through the appropriate use of IP is essential for the promotion and achievement of sustainable economic growth and development.

Discussion points

  • How to identify growth industries and support them through IP (considering the example of the music and gaming creative industries)?
  • Linking IP strategies to the National Development Plan 2030; the value of IP for small businesses; the role of IP compliance in sustainable development.
  • Fostering a culture of entrepreneurship by supporting IP-driven innovation.

(Panel organized by CIPC, DTI)

Moderator

Ms. Amanda Lotheringen

Senior Manager, Copyright and IP Enforcement, CIPC, DTI

Panelists

Mr. Tervern Jaftha

Senior Manager, Technology Business Incubation, Small Enterprise Development Agency (SEDA), South Africa

Mr. Jorge Maia

Head, Research and Information, Industrial Development Corporation, South Africa

Mr. John McKnight

Partner, Spoor and Fisher, Johannesburg, South Africa

Mr. Marumo Nkomo

Director, Legal International Trade and Investment, International Trade and Economic Development Division, DTI, South Africa

Mr. Darren Olivier

Senior Partner, Adams Adams, and Lead Counsel, Business Software Alliance, Johannesburg, South Africa

 

Session 2 – Placing the Public Interest at the Heart of IP Enforcement

The fundamental purpose of IP lies in safeguarding and furthering a range of public interests, including social and cultural development and global economic growth.

Respecting IP means embracing the incentives that drive innovators and creators to devise solutions to the diverse challenges that communities at different levels of development encounter on their path to sustainable progress.

This session identifies concrete ways to ensure that the public interest is at the heart of IP enforcement.

Discussion points

  • Using preventive measures and awareness-raising strategies to build respect for IP.
  • Targeting the socio-economic dynamics that underlie counterfeiting and piracy.
  • Finding a balanced approach through international dialogue and information exchange.

(Panel organized by WIPO)

Moderator

Ms. Louise van Greunen

Director, Building Respect for IP Division, Global Issues Sector, WIPO

Panelists

Mr. Regan Asgarali

Controller, Intellectual Property Office, Trinidad and Tobago

Ms. Maha Bakhiet Zaki

Director, Intellectual Property and Competitiveness Department, Economic Sector, League of Arab States

Ms. Aline Flower

Associate General Counsel, Global Development, Bill and Melinda Gates Foundation, United States of America

Ms. Rohazar Wati Zuallcobley

Associate Professor, Faculty of Law, MARA University of Technology, Malaysia

Mr. Meisheng Zhao

Deputy Director General, Patent Affairs Administration Department, China National Intellectual Property Administration (CNIPA)

Session 3 – IP as a Priority for a Safer World

IP crime represents a growing threat but its harmful effects on public health, safety and the economy remain underestimated.  Counterfeiting and piracy affect every actor in the supply chain, from the producers and distributors to the transporters, retailers and, finally, the consumers.

Governments lose billions of dollars in tax revenue and foreign investment and must dedicate considerable resources to the fight against this organized crime.

Industry, too, suffers considerable losses in sales and diminished consumer confidence in the validity of the affected brands.

What is more, there are confirmed links between IP crime and other forms of criminal activity: huge profits generated through the sale of illicit goods are used to fund other forms of organized crime.

In light of this, IP enforcement can play an important role in making the world a safer place.

Discussion points

  • How IP crime has developed over the last decade and how it is being assessed by law enforcement.
  • Law enforcement’s current approach to IP enforcement and the challenges faced in the fight against IP crime.
  • How IP crime can be treated with higher priority by police authorities to ensure the safety of the public.

(Panel organized by INTERPOL)

Moderator

Ms. Françoise Dorcier

Coordinator, Illicit Goods and Global Health Programme, Illicit Markets, Organized Crime and Emerging Crime Directorate, INTERPOL

Panelists

Mr. Terry Brady

President, Underwriters Laboratories Inc., United States of America

Mr. Edward Mnisi

Southern African Piracy Manager, IRDETO, and Audio Visual Anti-Piracy Alliance, South Africa

Ms. Néné Amy Ouédraogo

Director, Judicial Police, National Police, Burkina Faso

Ms. Feifei Zhang

Deputy Director, Intellectual Property Division, Economic Crime Investigation Department, Ministry of Public Security, China

Mr. Randall Zuñiga

Head, Plans and Operations, Judicial Investigation Agency, Supreme Court of Justice, Costa Rica

 

Session 4 – Respect for IP Through Collaborative Enforcement

Recognizing the importance of respect for IP at a country’s political level is the foundation for more effective awareness raising and closer collaboration between customs authorities, police authorities and the private sector in carrying out enforcement actions. 

International cooperation on IP enforcement is essential considering the global nature and socio-economic effects of manufacturing and trading in counterfeit goods. The circulation of IP infringing goods not only reduces legal employment opportunities but seriously affects other vital areas like public health and safety. Often, the production of illicit goods neither complies with labor regulations nor with regulatory specifications and quality standards applicable to the genuine items.

Three-way collaborations between customs, police authorities and the private sector could play a key role in addressing these issues.

Discussion points

  • How to mobilize political will to place respect for IP high on the list of priorities of enforcement agencies around the world.
  • Overview of some on-going Police-Customs initiatives.
  • How the private sector can help law enforcement.
  • Outlook for the future of IP enforcement

(Panel organized by WCO)

Moderator

Ms. Ana B. Hinojosa

Director, Compliance and Facilitation, WCO

Panelists

Mr. Maurice Emiola Adefalou

Director, Policy and International Relations Director, Directorate-General of Customs and Indirect Taxes, Benin

Mr. Jack Chang

Chairman, Quality Brands Protection Committee of China (QBPC)

Mr. Ellis Lai

Assistant Commissioner (Intelligence and Investigation), Customs and Excise Department, Hong Kong SAR, China

Mr. Willbroad Poniso

Deputy Director, Customs and Excise Directorate, Ministry of Finance, Namibia

Ms. Meena Sayal

Director, Global Brand Protection, Unilever

Dr. Daoming Zhang

Assistant Director Illicit Markets, Organized and Emerging Crime Directorate, INTERPOL

Day Two – October 25, 2018

Greeting Message

  • Dr. Rob Davies, Minister of Trade and Industry of South Africa            
Dr. Rob Davies

Minister of Trade and Industry of South Africa

Session 5 – Trade in a Borderless World: The Contribution of IP Rights to Development

The IP system, when effectively linked with related policy areas, provides an invaluable foundation for innovative activities, foreign direct investment, job creation in high-tech and creative sectors, and trade in knowledge products.

Advances in digital technology and initiatives such as free trade zones and regional trade agreements offer opportunities for enhancing the contribution of IP to sustainable economic growth, but equally risk increased exposure to infringing trade that impair those benefits.

This session considers how the multilateral IP framework can support innovation, trade and sustainable economic growth in today's interlinked global economy, and how to adapt to the changing patterns of production and trade.

Discussion points

  • How to link innovation strategies with IP rights to drive economic growth and to create sustainable employment and trading opportunities, with a focus on micro, small and medium sized enterprises.
  • How to preserve the balance between economic opportunities in the knowledge economy and the pursuit of public policy objectives.
  • How to ensure IP rights are respected in digital trade and in extended supply chains, including through blockchain technology.

(Panel organized by WTO)

Moderator

Mr. Mustaqeem de Gama

Counsellor, Permanent Mission of the Republic of South Africa to the United Nations Office and other international organizations in Geneva

Panelists

Mr. Kwee Tiang Ang

Regional Director, Asian Regional Office, International Federation of the Phonographic Industry (IFPI)

Ms. Agata Gerba

Deputy Head, Intellectual Property and Public Procurement, Directorate-General for Trade, European Commission

Dr. Keith Nurse

Senior Fellow, Sir Arthur Lewis Institute of Social and Economic Studies, and WTO Chair, University of the West Indies, Barbados

Mr. Daniel Roberto Pinto

Minister, Intellectual Property Division, Ministry of Foreign Affairs, Brazil

Dr. Dominik Thor

Chief Executive Officer and Founder, Vaultitude, Gibraltar

Session 6 – Regional Alliances: Agents of Growth and Champions of Effective IP Systems

Regional organizations are important contributors to economic growth, social and cultural development and global stability.

Around the world, countries have grouped together, establishing trade blocs, customs unions and even common judicial systems, in the pursuit of higher living standards for their people. Many such groupings have recognized the important role of IP for achieving technological advancements, stimulating innovation and creativity, and transforming regions into dynamic and competitive landscapes.

As a result, cooperation and mutual assistance within regional organizations, including through the exchange of information, harmonization of certain policy areas and coordination of activities, also extend to building respect for IP.

Discussion points

  • What common services exist and what activities are undertaken by regional organizations in the area of IP? How do these fit into the organizations’ broader missions?
  • What added value can be derived from regional collaboration to ensure balanced IP enforcement?
  • The role of regional organizations in linking domestic and multilateral policies for building respect for IP.

(Panel organized by CIPC, DTI and WIPO)

Moderator

Ms. Nomonde Maimela

Executive Manager, Innovation and Creativity, CIPC, DTI

Panelists

Mr. Rongai Chizema

Chief, Technical Advisor and Head, Implementation and Coordination Unit, Department of Trade and Industry, African Union Commission

Mr. François-Régis Hannart

Principal Director, European and International Co-operation, European Patent Office (EPO)

Ms. Josephine Santiago

Director General, Intellectual Property Office of the Philippines (IPOPHL), and Chair, Association of Southeast Asian Nations (ASEAN) Network of Intellectual Property Rights Enforcement Experts (ANIEE)

Ms. Gidget Alexandria Valdivia

Intellectual Property Officer, General Secretariat of the Andean Community

Adv. Rory Voller

Commissioner, CIPC, DTI (representing the BRICS Association)

 

Session 7 – Reconciling Territoriality in Cross-border IP Disputes

Judicial procedures and IP rights apply within territorial boundaries, but increasingly they are confronted with the reality of today’s commerce, where ordinary market transactions involve a host of different entities and activities that cross borders. 

This session reviews the developments affecting the nature of the work of courts around the world, as complex issues emanating from the transnational nature of IP disputes are left to domestic judicial resolution.

Discussion points

  • Defining IP rights in the digital environment and emerging remedies.
  • Application of private international law in IP disputes.
  • Emergence of regional and international courts.
  • Goods in transit

(Panel organized by WIPO)

Moderator

Ms. Eun-Joo Min

Acting Head, Division for the Judicial Administration of IP, Office of the Legal Counsel, WIPO

Panelists

Ms. Mireille Buydens

Head, Intellectual Property and IT Practice, Janson Baugniet, Brussels, Belgium

The Hon. Mr. Justice YA Dato' Lim Chong Fong

Judge, High Court of Kuala Lumpur, Malaysia

The Hon. Mr. Justice Louis Harms

Former Deputy President, Supreme Court of Appeal, South Africa

The Hon. Mr. Justice Lambert Max Ndéma Elongué

President, Court of First Instance, Yaoundé, Cameroon

The Hon. Dr. Justice Jan Tolkmitt

Presiding Judge, Hamburg Regional Court, Germany

Session 8 – Harnessing the Potential of Multilateralism: Capacity Building Through Intergovernmental Actors

As a key component of their work, IGOs active in the field of building respect for IP provide technical assistance to their members. United by a common objective, these organizations equip countries with the necessary means and know-how to ensure that IP rights serve consumer protection, social and economic development and other public interests.

In line with its own mandate and area of expertise, each IGO employs a distinct set of tools and approaches in training different actors involved in the protection of IP rights and the prevention of counterfeiting and piracy. Complementarity and active partnerships between IGOs ensure efficiency and effectiveness in addressing the broad spectrum of their members’ needs.

By means of concrete examples, this session will illustrate the value that different IGOs can offer to countries seeking to strengthen national respect for IP.

Discussion points

  • Defining the focus of and approach to capacity building adopted by each IGO.
  • Success stories and challenges in the provision of technical assistance.
  • How IGOs cooperate in the area of capacity building.

(Panel organized by WIPO, INTERPOL, WCO and WTO)

Moderator

Mr. Minelik Alemu Getahun

Assistant Director General, Global Issues Sector, WIPO

Panelists

Ms. Ana B. Hinojosa

Director, Compliance and Facilitation, WCO

Mr. Fernando Dos Santos

Director General, African Regional Intellectual Property Organization (ARIPO)

Mr. Roger Kampf

Counsellor, Intellectual Property, Government Procurement and Competition Division, WTO

Ms. Kirstine Pedersen

Head, International IP Crime Investigators College, Illicit Goods and Global Health Program, INTERPOL

Ms. Louise van Greunen

Director, Building Respect for IP Division, Global Issues Sector, WIPO

Conference outcome and closing ceremony

Before the Conference comes to a close, representatives of all organizing institutions will share their reflections on the main conclusions that emerged in the preceding sessions.

With each session focusing on a specific aspect of respect for IP, this panel will recall the respective key take-away messages and formulate strategic elements on the way forward towards a respected, effective and balanced global IP system.

Moderator

Mr. Andre van der Merwe

Consultant and former Director, KISCH IP, Johannesburg, South Africa

Panelists

Mr. Minelik Alemu Getahun

Assistant Director General, Global Issues Sector, WIPO

Ms. Ana B. Hinojosa

Director, Compliance and Facilitation, WCO

Adv. Rory Voller

Commissioner, CIPC, DTI

Mr. Xiaozhun Yi

Deputy Director General, WTO

Dr. Daoming Zhang

Assistant Director Illicit Markets, Organized and Emerging Crime Directorate, INTERPOL