AFRICA REGIONAL INTELLECTUAL PROPERTY ORGANIZATION

Transcription

1 E (A UNITED METHODIST RELATED INSTITUTION) INVESTING IN AFRICA S FUTURE AFRICA REGIONAL INTELLECTUAL PROPERTY ORGANIZATION MIP CURRICULUM WIPO-ARIPO-AU/MIP/15/INF.1PROV. ORIGINAL: ENGLISH DATE: DECEMBER 2014 MASTERS DEGREE IN INTELLECTUAL PROPERTY PROGRAM Organized by The World Intellectual Property Organization (WIPO), The African Regional Intellectual Property Organization (ARIPO), Africa University (AU), Mutare, Zimbabwe and with assistance of the Government of Japan From May 1, 2015 to April 30, 2016 (Residential Phase: August 3 to December 4, 2015)

2 2 P age First Phase: Distance Learning COURSE CONTENT INSTRUCTORS HOURS May 1 to May 23 DL-101: General Course on Intellectual Property WIPO Academy 50 May 24 to June 24 DL-301: Patents WIPO Academy 120 June 25 to July 20 DL-302: Trademarks, Industrial Designs and Geographical Indications WIPO Academy 120

3 3 P age Second Phase: Residential ORIENTATION, BACKGROUND AND PERSPECTIVES INSTRUCTORS HOURS Week 1 IP Research and Basic Legal Principles August 3 Students Arrive at Africa University, Registration and ID Processing August 4 Administrative Formalities with ICT Department, Registry, Security, Medical Unit etc. Africa University August 5 English Diagnostic Test University/Institute Orientation Introduction of Master s Degree in Intellectual Property (Training of Trainers ) Program Address by Faculties Africa University and ARIPO August 6 Library Orientation Africa University 14h00 Lectures on Research Methodology and Pedagogy Africa University August 7 Lectures on Research Methodology and Pedagogy Research and Writing Skills Assignment Africa University

4 4 P age Week 2 August 10 UNIVERSITY REGISTRATION AND FORMALITIES Heroes Day (Public Holiday) to be confirmed August 11 August 12 Defence Force s Day (Public Holiday) to be confirmed Lectures on Research Methodology and Statistical Analysis Africa University August 13 August 14 General Legal Principles& Basic Intellectual Property Law Africa University Processing Study Permits (to be confirmed) Africa University

5 5 P age Week 3: INSTRUCTORS HOURS August 17 Official Opening Ceremony: - Africa University - World Intellectual Property Organization (WIPO) - African Regional Intellectual Property Organization (ARIPO) - A representative of the Government of Japan - Ministry of Higher and Tertiary Education of Zimbabwe and Ministry of Justice of Zimbabwe WIPO, ARIPO and Africa University Discussion of Students Research Topics WIPO, ARIPO and Africa University 17h00 August 18 World Intellectual Property Organization (WIPO) Administered Treaties and its Activities Teaching, Training and Research in Intellectual Property WIPO Academy 15h00 August 19 Effective utilization of WIPO Materials for IP Research& Legal Drafting. WIPO Academy Perspectives on Intellectual Property and Development WIPO Academy August 20 MODULE 1: INTERNATIONAL PERSPECTIVES, PATENTS AND UTILITY MODELS Sources and Objectives of International Intellectual Property Law - Standard Setting International Treaties - Treaties for Harmonization and Streamlining of Formal Registration Procedures -Treaties for Facilitation of International Registration Main Principles of International Intellectual Property Law -Territoriality - National Treatment - Right of Priority - Most Favoured Nation Principle Overview and Role of Regional Organizations in the Protection of Intellectual Property Rights: - The ARIPO system - The OAPI system - The European System - Gulf Cooperation Council - Eurasian System ARIPO

6 6 P age MODULE 1: PATENTS AND UTILITY MODELS INSTRUCTORS HOURS August 21 Patents and Utility Models: - Overview of Objectives and Requirements for Utility Models Protection - Africa and Protection of Utility Models: Innovation Development and Promotion - Overview of the Objectives and Requirements for Patent Protection ARIPO Case Studies and Assignment Week 4 August 24 August 25 August 26 Patent Drafting JPO/ ARIPO Patent Drafting JPO/ ARIPO Patent Drafting JPO/ ARIPO Patent Drafting JPO/ ARIPO August 27 August 28 Patent Drafting ARIPO Case Studies on Patent Drafting ARIPO 17h00 Introduction to Patent Database Searching Africa University

7 7 P age Week 5: MODULE 2: INDUSTRIAL DESIGNS INSTRUCTORS HOURS August 31 Industrial Designs - Definition, History and Economics of Designs - Subject matter of Designs - Overlap between Copyright, Trademark and Design Protection - Requirements for protection JPO/ Africa University 13h00 (4hrs) September 1 - Drafting of Design Applications - Filing and Registration Procedure - Term of Protection and Renewal JPO/ Africa University September 2 - The Exclusive Rights of a Design Owner - Exceptions to the Exclusive Rights - Exploitation of Designs: Assignments Licenses - Enforcement of Design Rights Types of Infringements Remedies Available to the Design Owner Defences to Claims of Infringement - International and Regional Protection Systems: the Hague Agreement Concerning the International Registration of Industrial Designs and the European Community Design system (2hrs JPO/ Africa University September 3 Case Studies on Designs (from the region) Personal Study Africa University

8 8 P age Friday September 4 Personal Study Africa University 17h00

9 9 P age Week 6: MODULE 3: BRANDING (Trademarks) INSTRUCTORS HOURS September 7 September 8 September 9 September 10 September 11 Functions of Trademarks and their Relationship with Business Names, Company Names and Domain Names Special types of marks: Well-Known Marks, Certification, Collective, Defensive Marks, Non- Traditional Marks, Conditions for Protection: - Distinctiveness - Novelty - Non Deceptive /Generic/ Descriptive etc. How to Protect a Mark - Requirements for Registration - Registration process including opposition to Registration and Rectification of the Trade Mark Register - Registration Procedures at National and Regional Levels - ARIPO - Community Trademark System (OHIM/EU) - International Registration of Marks: The Madrid System - The Nice Classification Term of Protection and Renewal of Trademarks Case Study (trademark filing strategy): filing strategy. - The Exclusive Rights of a Trademark Owner - Exploitation Options: Licensing, assignment, franchising and parallel importation of trade marked goods - Infringement of Trademarks, Groundless Threats Actions, Defences and Remedies Enforcement of Trademark Rights: - Cancellation for Lack of Use - Action for passing-off for unregistered Marks - Domain Name System including Domain Names Disputes - WIPO Rules and Domestic Jurisdictions with Particular Reference to ICANN UDRP Rules and Process Regional Perspective on Trademarks: Promotion and Protection of Trademarks in the region

10 10 P age Week 7: MODULE 4: BRANDING(GIs and unfair competition) INSTRUCTORS HOURS September 14 September 15 Geographical Indications The Protection of Geographical Indications at the International Level: - Paris Convention for the Protection of Industrial Property - Lisbon Agreement for the Protection of Appellations of Origin and their International Registration - The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) - New Developments Regional and National Initiatives on Protection of Geographical Indications African Perspective on Trademarks, Domain Names and Geographical Indications Examples and Case Studies on GIs New Models of Branding: Character Merchandising and Sports, Entertainment and other Public Personae 17h00 September 16 Revision for Exams Africa University September 17 Examinations on Module 1 Africa University 9h00- September 18 Matriculation Ceremony Africa University

11 11 P age Week 8: MODULE 5: COPYRIGHT AND RELATED RIGHTS INSTRUCTORS HOURS September 21 Examinations on Modules 2,3 & 4 - Africa University September 22 September 23 September 24 September 25 Copyright and Related Rights: Introduction to Copyright Law: History, Philosophy, Objectives and International Framework for Protection: - The Berne Convention for the Protection of Literary and Artistic Works - The Rome Convention - Beijing Treaty on Audio Visual Performances - Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. Subject Matter of Protection Requirements for Protection Protecting Ideas- Limits of Copyright/Role of Confidentiality Agreements Term of Copyright Ownership of Copyright and Related Rights Copyright in Employee Works and Commissioned Works Transfer of Copyright: Assignment, Licensing etc Limitations and Exceptions to Copyright Administration &Collective Management of Copyright and Related Rights The Cultural/Entertainment Industries and Intellectual Property 14h00 14h00 2hrs

12 12 P age Week 9: MODULE 5 CONT D: COPYRIGHT AND RELATED RIGHTS INSTRUCTORS HOURS September 28 September 29 September 30 October 1 Copyright and Related Rights in the Digital Environment: Overview of the Issues - Prospects and Challenges of Digital Copyright - Digital Copyright and E-Commerce - Peer to Peer File Sharing and Beyond - Collective Management in the Digital Environment - Technological Protection Measures - Infringement of rights in the digital environment - Access to Knowledge and Copyright in the Digital Age Responses to Copyright and Related Rights in the Digital Environment: International Framework: - The WIPO Copyright Treaty (WCT) - The WIPO Performances and Phonograms Treaty (WPPT) - The Digital Agenda Regional and National Laws (EU Directive, US DMCA and Case Studies of Legislative Responses in Selected African Countries Protection of Computer Programs/Software - Overview - Protection under other IP (patents and trade secrets) - Copyright protection Regional and national laws Protection of Databases - Copyright - Sui generis protection Licensing of Software - Types of software Licences (proprietary, open source and freeware) Infringement of Rights in the Digital Environment Challenges of, and Options for Enforcement -Services of the WIPO Mediation and Arbitration Centre Case Studies on Copyright and Related Rights Discussion of Research Projects (Copyright and Related Rights) Individual Study/Research

13 13 P age October 2 Individual Study/Research Examinations on Module 5 Africa University 4h00 17h00

14 14 P age Week 10: MODULE 6: IP AND PUBLIC HEALTH; FOOD SECURITY AND BIOTECHNOLOGY HOURS October 5 - Public Health, Innovation and Intellectual Property- an Overview - The Interface between Intellectual Property and Public Health ARIPO October 6 October 7 - Public Health, Innovation and Intellectual Property Continued - Health-Related Flexibilities and Public Policy Options in the WTO/TRIPS Agreement - Intellectual Property in Bilateral Free Trade Agreements IP, BIOTECHNOLOGY AND FOOD SECURITY: Intellectual Property and the International Legal Regime of Access to Genetic Resources: - The Convention on Biological Diversity (CBD) - The FAO International Treaty on Plant Genetic Resources for Food and Agriculture - Plant Variety Protection - Intellectual Property Rights and Food Security - Regional Instruments on Intellectual Property and Access to Genetic Resources - Intellectual Property and Climate Change ARIPO ARIPO October 8 Tutorials/Case Studies Individual Research ARIPO Intellectual Property, Competition and Anti-Trust: An Overview of the Intersections WIPO/ Africa University The Role of Compulsory Licenses

15 15 P age October 9 Limits to Competition and the Regime for Protection Against Unfair Competition WIPO/ Africa University Individual Study /Research Africa University

16 16 P age Week 11: MODULE 7: TRADITIONAL KNOWLEDGE, FOLKLORE AND GENETIC RESOURCES INSTRUCTORS HOURS October 12 October 13 October 14 October 15 October 16 Traditional Knowledge, Expressions of Folklore and Genetic Resources - International Debates and Recent Developments (IGC, TRIPS & WTO) Approaches to the Protection of TK and TCEs/Folklore Traditional Knowledge in Africa (Including Traditional Medicine) Traditional Knowledge in Africa (Including Traditional Medicine) cont d Traditional Cultural Expressions/ Expressions of Folklore in Africa Development of Database for Defensive and Positive Protection of TK and TCEs Assignment and Revision (Discussion on Research on TK and TCEs) Field Trip ARIPO ARIPO ARIPO ARIPO ARIPO/Africa University

17 17 P age Week 12 MODULE 8: IP ASSET MANAGEMENT, STRATEGIC PLANNING, TECHNOLOGY TRANSFER AND LICENSING INSTRUCTORS HOURS October 19 October 20 October 21 Individual Research / Research Projects/ (Seminar Presentation) IP Asset Management, Strategic Planning, Transfer of Technology and Licensing: Developing National IP Policy and Strategy: Importance, role and goals of National IP Policy and Strategies. Methodology and tools for formulation national IP policy and strategy. Linking national IP policy and strategy to existing national development policies and strategies. Experiences and best practices Developing Institutional IP Policies: Stakeholders in the generation and commercialization of IP assets, needs for and objectives of IP policies, issues to consider in institutional IP policy (ownership, benefit sharing, privately sponsored or joint research, conflict of interests, spin-off and startups, etc) tools and structure for implementation of IP policy Developing an IP Policy Institutional Structures for Commercialization and Exploitation of IP Assets: Technology transfer offices, incubation services, university based companies, industrial parks. Examples Modes (pathways) for Commercialization and Exploitation of IP Assets: routes for commercialization - own exploitation, sale, licensing, joint venture, merger and acquisition and monetization. (3hrs 17h00 (3hrs October 22 Licensing of IP Assets: Licensing terminologies, definitions and concepts. Preparation for licensing negotiations. Extents of rights in licensing agreement exclusive rights, non-exclusive rights, sole licensing, most favored licensee, and sub licensing. Subject matter in licensing agreement (duration, geographical

18 18 P age coverage, technology improvement, technical assistants, royalty and related financial administration) Valuation of IP assets: Importance of valuation of IP Assets. Basic definitions. Methodology for valuation of IP Assets (cost approach, market approach and income approach). Application of the valuation methods to technology licensing and branding. 14h00 Valuation of IP and IP Audit Group work on Licensing October 23 Negotiation Skills for Better Outcomes in IP Deals Negotiation Preparation Negotiating Money Terms: Distributive Bargaining Strategies to Slice a Fixed Pie. Strategies to expand the Pie; Asian and African countries perspective on IP Management (2hrs

19 19 P age Week 13 MODULE 9: IP AND SMALL AND MEDIUM-SIZED ENTERPRISES AND IP MANAGEMENT LECTURERS HOURS Monday October 26 Tuesday October 27 Wednesday October 28 Thursday October 29 Friday October 30 Setting the scene Defining SMEs What is the economic contribution made by SMEs to national economies in emerging and developed markets? o National policies and legislation for the promotion of SMEs What is the relevance of IP laws for SMEs? o (Distinguish between industries and stakeholder interests) How can IP laws be best crafted to suit the promotion of SMEs and to meet national economic goals defining innovation? Innovation Management What drives innovation? o The relevance of IP Innovation Policies The Life Cycle of an Innovation Intellectual Property Management in Inter firm Research and Development Collaborations o Collaborative innovation o Open innovation What type(s) of innovation is/are appropriate for SMEs in emerging economies? Use of IP by SMEs/IP Management How can SMEs best use existing IP Frameworks? o Business strategy and IPR use Innovation management and IP o IP Audits o IP acquisition o IP exploitation IP monitoring and enforcement Discussion on Research Project on SMEs and IP Management Individual Research / Research Projects IP Seminar on SMEs 14h00-14h00-14h00-14h00 - Africa University 14h00 -

20 20 P age Week 14: MODULE 10: ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS November 2 Imperatives for Enforcement International Standards on Enforcement Options for Enforcement Stakeholders in Enforcement Preventive and Responsive Strategies for Enforcement New Media and Challenges of Enforcement INSTRUCTORS HOURS (2hrs November 3 Enforcement of Intellectual Property Rights Cont d IP Offices and their Quasi-Judicial Functions Border Measures ADR Mechanisms Litigating IPRS: - Civil Action& Remedies - Criminal Action: Piracy, Counterfeiting - Identification of Counterfeit Goods November 4 African Case Studies and Assignment on Protection& Enforcement of Rights Simulation of IP Dispute Settlement Discussion of Case Studies and Assignments November 5 Individual Research and Study for Exams Africa University 17h00 November 6 Examinations on Modules 6&7 Africa University

21 21 P age Week 15: RESEARCH PROJECT INSTRUCTORS HOURS November 9 Examinations on Modules 8&9 Africa University November 10 Preparation for Examinations (2hrs Africa University Examinations on Module 10 November 11 Drafting of Research Projects Africa University November 12 Drafting of Research Projects Africa University November 13 17h00 IP Research Methodology and Pedagogy Africa University November 13 Drafting of Research Projects Africa University 17h00

22 22 P age Week 16: PRACTICAL SESSIONS AT ARIPO November 16 Student Clearance with Africa University Departments Students leave Africa University for New Ambassador Hotel (Harare) for a Three-Week Practical Session at ARIPO Headquarters Africa University and ARIPO November 17 Practical Training ARIPO November 18 14h00 Practical Training ARIPO November 19 Practical Training ARIPO November 20 Practical Training and Assignment ARIPO

23 23 P age Week 17 PRACTICALS AT ARIPO HEADQUARTERS INSTRUCTORS HOURS November 23 Practical Training ARIPO November 24 Practical Training ARIPO November 25 Writing of Reports (Intellectual Property Conference) -TBA ARIPO November 26 (Intellectual Property Conference) - TBA ARIPO November 27 (Intellectual Property Conference) - TBA Research Project / Individual Research ARIPO

24 24 P age Week 18: RESEARCH PROJECT INSTRUCTORS HOURS November 30 December 1 Students Finalise Development of Research Proposals: Individual Work Students Finalise Development of Research Proposals: Individual Work ARIPO ARIPO December 2 Presentation of Research Proposals by Students Africa University, WIPO and ARIPO December 3 Presentation of Research Proposals by Students Africa University, WIPO and ARIPO December 4 EVALUATION AND CLOSING CEREMONY OF THE RESIDENTIAL PROGRAM MIP Technical Meeting Africa University, WIPO and ARIPO Third Phase: Finalization of Research Project: December 2015 to April 2016 FINALISATION OF RESEARCH PROJECTS / DISSERTATION WIPO, ARIPO and Africa University and Assigned Tutors/Mentors FOUR AND A HALF MONTHS [END OF DOCUMENT]