Kigali, June 3 and 4, 2010
The implementation of e-health systems and services in all countries, particularly in developing countries, is a challenge shared by United Nations agencies and health authorities at the national and international levels. In this regard, efforts over the past few years have shown that there is a clear need for guidance on appropriate approach and methodology.
Pursuant to an initiative taken by the Government of Rwanda and discussions held between the International Bureau of WIPO and Senior Government Officials, His Excellency Dr. Richard Sezibera, Minister of Health of Rwanda expressed interest in hosting a Seminar on Intellectual Property, Software and E-Health, to be held in Kigali and requested the assistance of WIPO in this respect. It was later agreed that the regional seminar should take place in Kigali, on June 3 and 4, 2010.
In line with the WIPO Development Agenda, the Seminar was an example of WIPO’s activities in the field of software promotion and protection, adapted to the specificities and realities of the region. It is part of a series of similar events that have proven extremely successful in different parts of the world, including Asia (2007) and Latin America (2008). Each of these events has focused on different public interest concerns, such as disaster management systems in Asia or public education in Latin America.
Objectives
The objectives of the Seminar were, on the one hand, to update African countries on recent developments regarding intellectual property rights (IPRs) and software; and, on the other hand, to examine the main IPRs issues in relation to E-Health and, most importantly, to analyze how software can be a powerful tool for economic and health care development for countries in the Africa region.
The Seminar also aimed at raising the awareness of major issues in relation to the protection of public health information systems through appropriate licensing mechanisms while respecting IPRs. In addition, it will be an opportunity to discuss possible ways forward for the development of e-Health infrastructures that address all issues related to integration, interoperability and standards for e-Health systems.
The Seminar was held in Rwanda, on June 3 and 4, 2010.
Discussions centered on the following themes:
- Theme I: Intellectual Property Rights, Software and Economic Development: the Search for Balance
- Theme II: Public and Private Strategies for the Development and Protection of Software
- Theme III: Intellectual Property and E-Health
A practical and holistic approach was adopted according to the program. Presentations addressed issues such as the protection of software under copyright and patents. Licensing of software under proprietary and open source software models merited special attention, with focus on scenarios for the coexistence of both models. The speakers showcased business experiences that illustrate the issues under discussion. Case studies on public policies incentivizing software development, and on E-Health strategies were presented as a mean of providing practical guidance on those crucial topics. The Seminar presented possible policies in the field of software, for both the public and private sector, in areas such as legal protection; promotion of software; procurement and the interaction between OSS and proprietary software. Particular emphasis was given to the role potentially played by public authorities for enabling reliable and cost effective development strategies and protection tools for software.
The role of IPRs and software development strategies in the field of e-Health was addressed during the second day of the Seminar. A work session was organized on “The Way Forward for the Protection of Public Health Information Systems: Software Licensing and Enforcement, including Cross-Border Issues” under the coordination of Mrs. Sima Newell, Chief, Information Management and Technology. Participants split into groups to adopt the role of software companies proposing different models: proprietary software; OSS and software as a service. A lively discussion ensued on the advantages and disadvantages of each of the models in regard to criteria such as adaptability; reliability; privacy and confidentiality; cost effectiveness, development of local economy; capacity training etc. Interaction with UNIAIDS proved effective to achieve a holistic, yet practical approach.
Participation
Considering the objectives of the Seminar, invited participants included Government officials responsible for IPRs and information technology (IT) (including software procurement) as well as representatives of the software industry, academics and computer scientists dealing with open source and proprietary software. In addition to Rwanda participants, the following countries were invited to send two participants each: Burundi, Cameroon, Côte d’Ivoire, Democratic Republic of Congo, Ethiopia, Ghana, Kenya, Malawi, Mozambique, Namibia, Nigeria, South Africa, Uganda, United Republic of Tanzania, Zambia and Zimbabwe.
Outcome
By addressing IP management and licensing under different circumstances the Seminar identified experiences and models facilitating the development of public e-health health systems. The different experiences showcased by stakeholders during the Seminar stimulated a frank and open exchange among Government representatives on the way forward for the development of accessible, interoperable, cost effective and reliable public e-health information systems. The WIPO Regional Seminar on Intellectual Property, Software and E-Health concluded with a clear indication from Member States to pursue work with WIPO in the field of licensing software, specifically as regards to public procurement. Such interest was expressed in different forms including the possibility for WIPO to provide a framework for Member States to develop guidelines on IP in the field of software procurement (ideally in the form of Q & A to be addressed for each licensing topic); the possibility of using social networking (such as a special Wiki) for Member States to exchange experiences in software procurement and the connection between this Seminar and other regional licensing exercises, on the one hand, and the WIPO development agenda on the other (specially in regard to the WIPO Global Licensing meeting in November 2010).