Transcript THE ROLE OF IP IN PROMOTING INNOVATION * WITH SPECIAL

THE ROLE OF IP IN PROMOTING
INNOVATION – WITH SPECIAL
EMPHASIS ON MEDICAL AND
PHARMACEUTICAL AREAS
Dr. Femi Olugbile FRCPsych FNIM
The Role of IP in promoting Innovation – especially in the Health Sector – with
special emphasis on the Nigeria situation
IP – covers Copyright, Trademarks and Patent Law
Quick Descriptions
Trademark: relates to Brand identity
Copyright: protects rights to creative work – literature, music
Patent: safeguards Innovations, such as Technological Inventions and new
drugs- protecting them from unauthorized copying or incorporation in similar
products
An Invention is patentable if
•it is new (does not form part of the ‘state of the art’)
•resulted from inventive activity and is capable of use in Industry
•constitutes an improvement on a patented invention
The Issue of Who Invented What: the first person to register a patent may
be adjudged on legal enquiry not to be the ‘true inventor’ i.e. the first to
make the invention.
UNIVERSAL PICTURE
World Intellectual Property Organisation (WIPO) defines IP as creation of
mind, inventions, literary and artistic works and symbols, names, images
and designs in Commerce.
LAWS GOVERNING IP IN NIGERIA
Nigerian Copyright Act Cap 28 Laws of the Federation of Nigeria 2004
Patents and Designs Act Cap P2 Laws of the Federation of Nigeria
2004.
Trade Marks Act Cap T13 Laws of the Federation of Nigeria 2004
INTERNATIONAL TREATIES
Paris Convention for the protection of Industrial Properties (Sept 1963)
The Rome Convention (performers, producers of phonograms and Broadcasting
Organisations) – Oct 1993
Patent Law Treaty (ratified April 2005)
Patent Cooperation Treaty – ratified May 2005
Nigeria became a member of the World Intellectual Property Organisation (WIPO) in
1993, and World Trade Organisation (WTO) in 1998)
There is an African Regional Intellectual Property Organisation (ARIPO) for sub-saharan
Africa, and there is an Intellectual Property Commission (IPCOM) bill that was said at
last count to be awaiting executive endorsement.
LOCAL ISSUES
1. Up till recently local Research not deliberately focused on solving local
issues.
2. Little contribution by local researchers to date in innovation to solve
local issues e.g. Malaria (candidate vaccines coming from
Switzerland/USA, not Nigeria) HIV AIDS. Some collaborative effort
ongoing in Ebola.
3. The concept of Translation’ in Medical Research yet to catch on.
4. On the other hand vast possibilities exist especially in Pharmaceutical
industry.
Lagos recognized this and created a Botanical Garden with local
‘medicinal’ plants. However process for scientific validation of medicinal
properties and recording and quantifying patentable innovation not yet
created. Process of ‘invention’ has to be detailed along same lines as what
the Pfizers of the world do with FDA (active ingredient is ‘invented’ and
patented, animal tests are conducted, product is refined and packaged,
human tests are conducted, drug is certified not just safe but active, huge
profits are made by ‘inventor’ and sponsor, patent is held for several
years before generic copy is allowed).
5. Potential gold mine for Nigerian nation and researchers,
and a good place for private sector investment. (same as ICT
explosion among the youths.). The inventor himself may get
patent and then seek investors. The current ‘certifications’
from NAFDAC are NOT the equivalent of what is outlined.
6. The level of public information on IP is very low, and often
the popular sentiments are misguided.
7. Piracy of copyrighted materials (local and international) is
rife (you may get a Hollywood blockbuster that is still
showing in the cinemas for N500 in the traffic). Same goes
for local film and music.
8. Enforcement is weak and cynical e.g. it is difficult for any
observer to believe that there is no collusion between the
NCC as it currently operates and the pirates in Alaba. Their
‘enforcement’ is a joke!
THE INTERNATIONAL POLITICS OF IP
There is an international dimension to IP which we need to be aware of. Part of the
reason some nations are rich and others are poor is that they control IP and make
other people pay for the products (e.g. Microsoft, Apple) Previous Nigerian
governments talked about ‘Technology Transfer’. No nation ‘transfers’ Technology, as
that would mean giving away their vital intangible assets (its like ‘transferring your
oil and gas’).
Every ‘emerging’ nation that ‘broke through’ carried out some ‘strategic’ IP
infringement at some time or other to ‘leap frog’ the technology divide. Examples are
Japan after the 2nd World War, China, India more recently. The logic is ‘Copy, Improve,
and Rebrand.’ Sometimes the results of this process led to the ‘original copiers’ (IP
violators) becoming technology and market leaders in the field. But this ‘national
strategic’ initiative should not become an excuse for ‘unregulated’ infringement.
In the health field, at a time the high patient load and unaffordably
high cost of anti-retroviral drugs in their countries led to Brazil and
India allowing violation of the 20-year patent of the original
manufacturers of these drugs so that their citizens could get access
to drugs to treat their HIV. This “illegality’ was supported by wellmeaning people like President Bill Clinton. The pharmaceutical
companies later rallied round to collaborate with them by making
available cheaper drugs.
A more recent example is of the drug Sofosbuvir – the newly
invented drug for treating Hepatitis (produced by Gilead Sciences
Inc). It is the most expensive drug in the world – at $1000 a tablet.
Most of the Hep C is in the Third World – including Nigeria, where
people can’t afford it. However, probably drawing on their
experience with anti-retrovirals, the pharmaceutical company itself
has allowed India to make a generic version which is being sold to
patients in India and Nigeria for $1,500 for a three-month course
(instead of the $90,000 it costs in USA).
CONCLUSION
•Nigerians should Innovate, and be rewarded (in the
marketplace) for their innovation.
•Medical, including Pharmaceutical Research should
‘Translate’, and be supported by Private Industry and
not just government, as there is a huge potential for
return on investment.
•There should be massive sensitization of the public
on IP issues.
•The need for ‘Strategic IP infringements’ is a matter that can
only be discussed in the highest councils of State. Where such a
decision is made, leaders of Industry are given protection over a
short period and encouraged to work with their best brains to go
from copycat to market leader by adding their own innovation to
the original. (But – HUSH! – this is a secret. Nations do no steal
each other’s secrets!) Or do they?
•Enforcement of copyright should involve ALL security
resources, (ie Police and others should work with NCC) and
should be done seriously and not cynically, and the results
should be directly observable in pirated items not being
displayed on the streets with impunity. It is NOT the duty of
artists themselves to carry out copyright enforcement. That is
evidence that the system has failed and should be revamped.
I thank you.