The Patents and Companies Registration Agency
DOMESTICATION OF TRIPS
FLEXIBILITIES IN NATIONAL IP
LEGISLATION FOR
STRENGTHENING ACCESS TO
MEDICINES IN ZAMBIA
Anthony Bwembya, Registrar & CEO
2nd October2013
www.pacra.org.zm
Outline of Presentation
Development of IP Policy
 Implementation Plan
 Status of IP Policy
 IP Legislation

Development of IP Policy
National IP Policy drafted between 2008
and 2009, and adopted in 2010
 The Policy was developed after analyzing
the IP Audit report which revealed that
the IP portfolio in Zambia was
fragmented due to lack of National IP
Policy.
 PACRA was mandated by government to
coordinate with key stakeholders and
develop the National IP Policy

Implementation Plan
After the drafting of the IP Policy, it was subjected to
stakeholder workshops e.g. WIPO, ARIPO, WTO, UNDP,
Government Ministries, National Aids Council (NAC),
Zambia Medicines Regulatory Authority (ZMRA), Civil
Society, etc.
 After its adoption, the Implementation Plan was
developed based on concrete areas of work to be
undertaken by key stakeholders
 Key institutions, namely, Ministry of Commerce through
PACRA, Ministry of Health through NAC and ZMRA,
Ministry of Information and Broadcasting Services,
UNDP, Ministry of Agriculture, Ministry of Science and
Technology to mention but a few developed the matrix
to operationalise the implementation plan

Status of IP Policy
•
The IP Audit report done by Prof. Kanyanga
revealed: • that most of the IP piecies of Legislation were
not TRIPS compliant.
• Most of them did not domesticate the
international instruments to which the country
had acceded.
• Consequently, the National IP Policy outlined key
institutions that needed to review or enact new laws
• Various international treaties or instruments that
needed to be taken on board
• Introduction of IP in schools and creation of awareness
on IP related issues
IP Policy Status – Cont’d
•
The following stakeholders were mandated to come
up with interventions that will promote innovations
and creativity:
• PACRA was tasked to develop a Technolgy and Innovation
Support Center (TISC) - Implemented
• Ministry of Science and Technolgy was to create a Science and
Technolgy Innovation Youth Fund (STIYF) - Implemented
• Ministry of Education, through UNZA, to develop a National
Technology Business Centre (NTBC) based at Government
complex- Implemented
IP Legislation
•
•
The following key stakeholders, namely, PACRA, ZARI, MIBS were
identified with a view of reveiwing their legislation or enacting new
ones:
PACRA drafted following Bills:
• Patents and Utility Model Act
•
•
•
Incorporates TRIPS flexibilities on nutrition and essential medicines
International exhausion rights
Limitations on use of patents for research and education purposes
• Trademark and Geographical Indications Act
•
•
Incorporates the Madrid Protocol
The Singapore Trade Mark Law Treaty
• The Registered Designs Act
• The Interated Circuits Act
• The Traditional Knowledge and Genetic Resources Act
• Recognises tradtional medicines
• Prevents un-athourised use of genetic resources
IP Legislation – Cont’d
• Zambia Agricultural Research Institute (ZARI)
• has developed the initial institutional IP Policy which
will eventually guide the enactment of a new act
• safeguards the interests of peasant farmers
• Incoporates the International Convention for the
Protection of New Varieties of Plants (UPOV Treaty)
•
Ministry of Information and Broadcasting Services
(MIBS)
• MIBS enacted Copyright Act in 2010 making it TRIPS
compliant
• Incorporates the Berne Convention and WIPO
Producers WIPO Copyright Treaty (WCT) and
Phonograms Treaty (WPPT)
Thank
You
Thank
You
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