Interview with Director General of the African Intellectual Property Organization

Mr. Anthioumane N’DIAYE, Director General of the African Intellectual Property Organization (OAPI) based in Cameroon, has held numerous posts in the financial and enterprise development sector prior to heading OAPI in August 1997. Mr. N’DIAYE talks to WIPO’s SME Division about the use of the intellectual property system among SMEs in Central and West Africa and efforts to promote innovation in OAPI’s 16 Member States.

Interview by Cherine Rahmy, Counsellor, Small and Medium-Sized Enterprises Division, WIPO

Describe the services offered by OAPI to its member states and how these services promote the use of the Intellectual Property System (IP).

OAPI mainly provides its Member States with technical assistance and advisory services. In this way it ensures that any text enacted after the Bangui Agreement (establishing OAPI) conforms to it. With a view to promoting intellectual property, OAPI organizes, participates in and finances seminars, workshops and symposia on intellectual-property-related subjects. In addition it initiates and conducts projects relating to IP and development in certain economic sectors. The latest project, still in progress, has to do with the development of geographical indications in certain Member States; it is being conducted in concert with WIPO and INPI. We could also mention the Initiative for the Protection and Exploitation of African Inventions in the Field of Medicines and the Fund for Aid to the Promotion of Invention and Innovation (FAPI, see note below) instituted by OAPI.

Who are the main users of the OAPI registration system and what sectors of the market do they represent?

We make a distinction between two main groups of users of the OAPI system, namely foreigners and nationals. Any applicant residing or headquartered in one of the 16 OAPI Member States is called a “national”. Foreign applications account for two-thirds of applications for the registration of industrial property titles. The main applicants are the pharmaceutical industries as far as patents are concerned; as for trademarks, there is a noticeable predominance of the cosmetics and beauty products industry, pharmaceutical laboratories and agro-industrial firms.

What are the trends you have observed in IP registration since the establishment of the OAPI mechanism?

We have noted two main trends. The first is a steady increase in the number of applications (both national and foreign) for patents and trademarks, but also for designs, regarding which we have yet to undertake a vast promotional campaign. On average, between 1998 and 2002, we have noted increases of 5 per cent, 4 per cent and 17 per cent respectively for patents, trademarks and industrial designs. The second trend is the ever-greater proportion of national filings, with averages during the same period of 21 per cent, 15 per cent and 16 per cent for patents, trademarks and industrial designs respectively. If this trend is to continue, we have to make our system more credible by offering quality service within reasonable time limits.

Despite the proven benefits derived from the use of the IP system, the large majority of small and medium-sized enterprises (SMEs) still lack awareness of how the system can promote their competitiveness in the market place. Describe some of the concrete measures undertaken by OAPI to fill this knowledge gap?

By their very nature, African SMEs are often handicapped by a shortage of material, financial and human resources, which means that they are not always in a position to compete. Consequently OAPI has taken a certain number of steps to enable them to improve their competitiveness. We have for instance introduced a support system for research on solutions to any technical problems that may arise, thanks to state-of-the-art searching and another advisory service to encourage them to make use of new technology and thereby improve the goods and services and manufacturing processes in order to be and remain competitive. Finally, we organize regular events at the national or regional level at which the owners of intellectual property titles are shown the best way of managing those assets that will improve the chances of success and lessen the risks associated with corporate commercial strategy.

In your view, what are the main difficulties facing SMEs when it comes to using the IP system in the OAPI region?

This question has to be considered from two angles: first from the angle of patents, where the main problem has to do with the wording of the technical documents that have to be included in the application file. National applicants have difficulty with the drafting of descriptions so, to lessen this shortcoming, we organize regular seminars to train the officials of member countries so that they can lend technical assistance to applicants free of charge. Then, from the angle of trademarks, the main problem has to do with clerical errors, which are quite frequent. If many errors are made, it becomes costly with the correction fees that have to be paid so, to avoid these drawbacks, national liaison structures (SNLs) provide whatever assistance may be required. Moreover, our departments take the first step in arranging meetings with national applicants for the purpose of explaining the systems available to them. It is with this in mind that we are planning to meet applicants from Côte d’Ivoire and Senegal this year.

How does OAPI help SMEs in particular and what are some of the IP services/assistance available to them through your organization?

OAPI has a support service for the benefit of the public and private sectors whose role is to assist companies, at their request, in ascertaining how best to acquire intellectual property assets and how best to manage them. Our Organization also gives advice to SMEs on the acquisition of technology suited to their environment so as to establish new areas of emphasis, and provides them with databases of intellectual property titles that enable them to investigate what competitors are doing. We also offer documentary search assistance with a stock of four million documents that can help with decision-making, for instance in licensing negotiations. Another important point is the financial support that we give to the promoters of seminal projects, with a view to making the projects known through display at national and international fairs, which in turn affords the possibility of initiating business relations with potential partners. It should be pointed out that SMEs do not always have the necessary capital with which to innovate by financing high-risk investments. In this respect we have introduced a range of innovation support aids for the benefit of interested SMEs, involving the supply of scientific and technical information and expert advice, the promotion of innovative projects and searching for partners.

Does OAPI provide advice on technology transfer and licensing?

When a national of an OAPI Member State negotiates with an outside partner with a view to signing a license or technology transfer contract, he can turn to our Organization first for advice. OAPI can for instance explain to the person whether or not the industrial property title under negotiation is in force on our territory and, if it relates to technology, we can determine its relevance in relation to the state of the art. We can even, if need be, propose replacement technology in the light of the objectives pursued by our client and his means and capabilities. We are also in a position to give opinions and advice so that he can avoid accepting unreasonably excessive clauses that might put implementation of the contract as a whole at risk.

What are the most prominent SME sectors using the OAPI system and are there concrete examples of how the IP system has led to their success?

It has emerged that the sectors in which the intellectual property system backed by our Organization is most used by SMEs are agro-food and agricultural machinery. They are among the highest-priority sectors in the economic development of our Member States. By way of example, we could mention two SMEs that have developed two types of manual seed drill that have been given protection through OAPI; the purpose of the drills is to modernize traditional sowing methods and make it possible to sow a range of different seeds in record time in all kinds of soil. With these contrivances the soil can be turned over, the seed selected in the requisite amounts, the sowing done and the holes closed up, saving the farmer both time and manpower. There are also companies that have developed hydraulic pumps to lighten the workload on women in rural areas and also farmers when fields have to be irrigated. The FAPI has greatly contributed to the success of these innovations through the financing that it provides, which has made them accessible to rural populations.

In your opinion, are SMEs aware of how to enforce their IP rights and can they come to OAPI for advice?

This situation is evolving gradually; a number of SMEs are not aware that they can and should include intellectual property in their development strategies. OAPI is of course at their disposal for advice both on titles and on technology transfer contracts, to name only those. The Organization is planning to embark on specific action for their benefit in the management of intellectual property assets.

In addition to IP registration, what other services do SMEs most request from OAPI and how does your organization reach out to its constituents beyond the Cameroon where you are headquartered?

As far as industry is concerned, OAPI does the following on behalf of SMEs:

  •  turning research results into assets;
  • awareness campaigns on innovative projects at national, regional or international invention and innovation fairs; it organizes the African Invention and Technological Innovation Fair (SAIIT) every two years;
  • advice of various kinds in connection with the acquisition of new technology or licensing arrangements;
  • support programs for the public and private sectors ;
  • last but not least, the establishment of FAPI, as mentioned earlier.

Note on FAPI:

The Fund for Aid to the Promotion of Invention and Innovation (FAPI) aims to supports the role of OAPI in enhancing the value of patents granted by OAPI and responding to new strategies by Member States to better integrate inventions and innovations in the development process. FAPI supports the private sector, providing pre-investment services to inventors, researchers as well as innovative enterprises. FAPI’s objectives are:

  • Support the transition of laboratory inventions to pre-industrial models, prototypes and sample products
  • Promote the creation of innovative enterprises with the use of African inventions and innovations
  • Enhance the performance and productivity of existing enterprises through new technologies
  • Assist member states to develop policies and allocate funds to facilitate the promotion of local technologies
  • Maintain a permanent program for the mobilization of financial and technical resources in favor of the promotion of invention and innovation in Africa.

Small and Medium-sized Enterprises

E-Newsletter

add this