ITTI: The International Technology Transfer Institute at Pierce Law

Note: The objectives are as they appear in the Biodiversity Strategy and Action Plan from Botswana found on the cbd.int/doc/world/bw/bw-nbsap-01-en.pdf link.

BRIEF INTRODUCTION

As a party to the Convention on Biological Diversity, Botswana has outlined eleven (11) objectives towards the implementation of the treaty.  What follows is from a document submitted by the country posted on the CBD website on Botswana page. cbd.int/doc/world/bw/bw-nbsap-01-en.pdf link.  A brief commentary follows.

THE BOTSWANA BIODIVERSITY STRATEY PLAN OBJECTIVES

As a signatory to the Convention on Biological Diversity (CBD) Botswana government has committed itself and its citizens to actively ensure that its Biodiversity resource is maintained for years to come.  The goal of this Biodiversity Plan and strategy is therefore to contribute to the long term health of Botswana ecosystems and related species, and to encourage sustainable and wise use of resources through the provision of a framework of specific activities designed to improve the way biodiversity is perceived, utilized and conserved.  The strategy builds on and complements the National Conservation Strategy and forms part of government's effort to achieve Vision 2016.  The Biodiversity strategy has 11 strategic objectives designed to reach the Biodiversity Strategy and Action Plan (BSAP) guiding vision which reads:

A nation in balance with nature with fair access to biological resources, where benefits deriving from the use of these resources are shared equitably for the benefit and livelihoods of current and future generations and where all citizens recognize and understand the importance of maintaining Botswana's biological heritage and related knowledge and their role in the conservation and sustainable use of Botswana's biodiversity.

The Strategic objectives are:

1. Better understanding of biodiversity and ecological processes:

Sound planning and development rely on sound data. Our understanding of ecosystems functioning is currently fairly limited and more research, data collection and inventories are needed. In order to know if our actions and activities are sustainable and to calculate environmental costs and benefits and long-term effects of different land use options we need reliable biological base-line data and long-term monitoring of the status of our genetic resources. Reference collections and taxonomic research are essential tools in

identifying organisms, species and varieties

2. Long-term conservation and management of Botswana's biological diversity and genetic resources:

For successful long-term conservation of biological resources it is important to take a holistic approach. The latest directives from the CBD are to adopt more of an ecosystems approach, i.e. to conserve habitats, of which species are the components.  With limited resources conservation activities need to be prioritized, and activities to do so form an

important part of the BSAP.  Development of district level biodiversity strategies to guide district planning and actions is a key component of the national strategy.  Conservation of Botswana's endemic species is especially important. It is also vital to protect and conserve the knowledge and traditions, which are related to biodiversity use. The younger generations are quickly losing interest in traditional knowledge and practices, and it will only take a few generations for this knowledge, built up over generations, to disappear if we don't make an effort to preserve it.

3. Efficient and sustainable utilization of all components of biodiversity in Botswana through appropriate land and resource use practices and management:

Sustainable use of biological resources is the key to development. The nation's wealth is built on its natural resources. The current population of Botswana are custodians of this natural heritage, and it is the responsibility of this generation to make sure that we don't erode the capital we have been given, leaving our children and grand-children the same resources and opportunities that we were given.  Sustainable use of components of biodiversity requires a combination of legal, policy and economic incentives, a change in attitudes, i.e. a realization of the value of biodiversity (See objective 6), education and providing people with sustainable livelihoods opportunities and options.

4. An institutional environment, including human capacity, conducive to effective

biodiversity conservation, sustainable use and management.

An institutional environment conducive to effective biodiversity conservation, sustainable use and management refers to an institutional climate and set-up which includes cross-sectoral coordination, political will, appropriate economic incentives, adequate institutional structures and capacity, and a legal system to support and encourage conservation and sustainable use and management of Botswana's biological resources.

5. Coping with environmental change and threats to biodiversity

Prevention is usually a much better and cheaper solution than cure. Addressing threats to biodiversity before they happen will therefore be cost effective in the long-term.  Of all the threats, climatic change poses the greatest challenge as its effects are still not sufficiently known and as it cannot be addressed directly. Rangeland degradation and hydrological change provide more direct and tangible threats to biodiversity, although also affected by climate change to some extent.  We have the means and technologies to reduce the effects of these threats, and the main challenge is to find solutions, which are biologically, politically and economically acceptable.

6. Appropriate valuation/appreciation of biological diversity, and raised public awareness on the role of biodiversity in sustainable development and public participation in biodiversity related activities and decision making:

This is an extremely important objective as the way we think of and value biodiversity form the foundation on which to build sustainable use and management of this natural resource. There is still a major need to raise general awareness levels of the value of Botswana's biodiversity capital to society and the ecological services it provides from primary school to government decision making. Public participation in decision-making involving the use of biodiversity will encourage public support and participation and is vital to achieve sustainable solutions, be it for land use, or use of components of biodiversity.

7. Fair access to biological resources and equitable sharing of benefits arising from the use of biological resources.

Fair access to biological resources and equitable sharing of benefits deriving there from is one of the three key components of the CBD. There is an urgent need for Botswana to develop a specific Biodiversity Access and Benefit Sharing (ABS) strategy, which will address access to the actual resources as well as to related indigenous knowledge. The strategy should also identify means of encouraging fair benefit distribution. The ABS strategy would subsequently need to be supported by appropriate legislation, strengthened import and export regulations and enforcement in order to encourage use of biodiversity components and to discourage bio-piracy and un-equitable sharing of benefits. The right to utilize components of biodiversity is often taken for granted, but with that right comes a responsibility to ensure that the resources are used sustainably and not wasted or depleted. One important concept of the Strategy is therefore to link the right to access to resources with the responsibility of sustainably using and monitoring of the same resource.

8. Safe industrial and technological development and other services based on national biodiversity resources for future prosperity.

Botswana has so far applied the precautionary principle when dealing with biotechnology and Biosafety.  New technologies based on genetic resources can however offer scope for economic diversification through research and development and participation in technical joint ventures.  There is a need for a structured approach to biotechnology and related Biosafety issues, which takes into consideration the requirements of the Cartagena Protocol on Biosafety to the Convention on Biological Diversity. The Ministry of Agriculture is already in the process of developing a national Biosafety framework and protocol, which links in with this strategy. There is also a need to raise public awareness

about biotechnological opportunities and risks.

9. Improved availability and access to biodiversity data and information, and promotion of exchange of information:

Information and data are essential components of responsible and informed decision making. There is a need to facilitate the access and use of existing biodiversity data and to generate new data where there are gaps in our knowledge. The proposed model for streamlining the access to national biodiversity data include a computerized biodiversity Clearing House Mechanism (CHM) and the appointment of national focal-point institutions responsible for the recording, safe-keeping and maintaining records and data related to specific groups of organisms.

10. Recognition of Botswana's and the Southern African Region's roles with regards to Biodiversity:

Botswana shares a lot of its natural resources with neighbouring countries and some of the identified eco-regions and eco-systems stretch across the national borders. Regional collaboration is therefore important for the long-term success of conservation programmes. Regional collaboration, cooperation and consistency are also important when setting standards and developing legal and policy frameworks, and to increase markets and for sharing resources, and thus reduce costs. To efficiently conserve biodiversity in the region it is important that access regulations (to wild medicinal plants for example) and management standards (including Biosafety and management of Invasive Alien Species) are harmonized.

11. Implementation of this Biodiversity Strategy and Action Plan: 

It is important for the future health of Botswana's biodiversity that the Biodiversity Strategy and Action Plan is implemented together with the existing National Conservation Strategy without delay. A critical prerequisite for successful implementation is to achieve political and high-level support and will to implement the strategy. This will help to drive the process. Public support and acceptance are also of key importance.  In addition, efficient coordination is a key requirement. It is proposed that a BSAP implementation office be established within the Ministry of Environment, Wildlife and Tourism, with the specific task of coordinating, monitoring and evaluating Biodiversity Strategy and Action Plan activities. To achieve full effect, the Strategy also needs to form an integral part of the national planning process and through appropriate interventions at the national level filter down to the users of biodiversity.

COMMENTARY

It is clear that Botswana has made concerted efforts to ensure that its biodiversity is maintained and protected to benefit the current and future generation but more needs to be done to translate the policies on paper to actual activities.  The most important factor is the involvement of stakeholders, more especially those who live in areas where the natural resources are found.  It is known that most communities depend on the natural resources found in their vicinities, taking an example of the mophane worm (a valuable local food source) which feeds from mophane tree leaves at certain periods during the rainy season. The communities in the areas have to be educated on the sustainable harvesting of the mophane worm to ensure that the resource is not depleted for future use and also for the maintenance of a good balance of the ecosystem. Understanding and appreciation of the importance of keeping that balance would help communities take calculated efforts to keep their natural resources healthy.

More research also needs to be done to determine the extensive natural resources that the country has and to further determine various uses for those resources some of which can be translated into commercial products.  Also there are issues of intellectual property protection that can be explored.  Geographic indications might be used to protect commercial rights and distribution of the mophane worms from distinct localities. The country therefore needs researchers in the field to ensure that that information is available and can be used for policy, economic and business decisions to contribute to social and productive needs of the country.

Public Private Partnerships (PPP) should also be adopted to shift the burden of implementation from the government.  A PPP is a contractual agreement between a public agency and a private sector entity.  Through this agreement the skills and assets of each sector (public and private) are shared in delivering a service or facility for the use of the general public.  In addition to the sharing of resources, each party shares in the risks and rewards potential in the delivery of service and or facility. www.ncppp.org.  Through this arrangement government will be able to diversify its economy through a strong partnership with the private sector for the benefit of the citizens.  More collaboration can also be established between the various government departments to facilitate transfer of information and knowledge and the development of policies and laws to make implementation easier of the Biodiversity Strategy and Action Plan easier.  PPP's can facilitate intellectual property protection, commercialization and distribution of products derived from biodiversity, for example traditional medicines. 

The review of the Industrial Property Act presented an opportunity for Botswana to make provisions for the protection of traditional knowledge and whether those are sufficient to enable strong protection is yet to be determined when implementation starts.

The country is also interested in the ongoing discussions at WIPO on the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore which will be holding its Sixteenth session from May 3- 7, 2010. http://www.wipo.int.  It is the hope of countries such as Botswana, which have biodiversity resources that the discussions will culminate into an international instrument for the protection of genetic resources and promote access and benefit sharing such that biodiversity resources are both conserved and utilized.

The OECD Local Economic and Employment Development (LEED) has always participated in a critical role in "identifying and disseminating information on international innovations and best practices in local economic and employment development" To my advanatage, the LEED has tackle the county of Poland. In March of 2010, the OECD Local Economic and Employment Development (LEED) Programme published a report, OECD Review of SME and Entrepreneurship Issues and Policies at National and Local Levels in Poland." (http://www.oecd.org/dataoecd/21/55/44729520.pdf). The goal was provide the Polish government with "insights and recommendations for improving the design and delivery of Small and Medium Enterprise (SME) and entrepreneurship policies and programs in Poland." I have extracted some key information regarding intellectual property and innovation regarding Poland.

"In comparison with more established EU member states, private enterprises in Poland are significantly smaller in size, with a vast majority of micro enterprises and very few firms that are technology based and/or engaged in high value added activity1....The small share of technology oriented and high value added SMEs in the economic structure, combined with the low level of expenditure on R&D and other innovation-related activities emphasizes the importance of prioritizing the development and implementation of effective innovation policies. Polish SMEs perform poorly on most innovation indicators, reflecting underdeveloped market-oriented innovation systems at the national and regional levels, as well as a failure to recognize the potential importance of innovation to competitiveness in the mindsets of SME managers."

"The policies concern the provision of support to firms and entrepreneurs, such as training (skills development), information and coaching, providing specific expertise (e.g. technological expertise), or facilitating services (e.g. cluster management), the provision of financial support (either directly or indirectly through for instance loan guarantees) and the introduction of a regulatory environment that supports entrepreneurship. This requires a support structure, consisting of a set of support organizations and people who support firms directly or as funding agencies and intermediaries. It is important to note that all levels of regulation, national, regional and local, influence the business climate. In addition, these policies should address the regions need for industrial restructuring and fostering business activity. Thus, policies are targeted to established firms and potential entrepreneurs."

"There are currently five main priorities for innovation policy:  (1) Human resources for a modern economy; (2) Research for the economy; (3) Intellectual property for innovation; (4) Capital for innovation; and (5) Infrastructure for innovation."

"A commonly held view is that the implementation of entrepreneurship and economic development policy at the regional level has been slow, with limited co-ordination. Some explanations for this point refer to a lack of political commitment at the regional level to promoting entrepreneurship and a lack of understanding of the potential importance of entrepreneurship and SMEs to economic development."

"In view of the important role of SMEs in the Polish economy and their weak innovative performance, increasing the level of innovative activity in SMEs is a key underlying theme in innovation policy. To achieve this requires: (1) raising awareness of the importance of innovation in competitiveness among entrepreneurs and other stakeholders; (2) building competitiveness of businesses on a science base by promoting a two-way flow of knowledge between universities and entrepreneurs; (3) increasing the number of science and engineering students to strengthen the foundation for radical innovation; (4) promoting entrepreneurship from the primary school upwards; (5) strengthening awareness of IPR issues and increasing the use of patenting by SMEs; (6) increasing finance available for innovation, including the supply of venture capital and tax incentives for R&D; and, (7) strengthening advisory institutions.

"Take steps to improve the co-ordination of the implementation of the RIS with national innovation policy. A variety of government bodies are involved in promoting and supporting innovation, recognizing the need to improve Poland's performance in this regard. It is important that these activities are well coordinated and appear integrated from an entrepreneur's perspective."

"The balance of service provision to various types of firms should differ from region to region depending on the characteristics of the economical structure of the region and the potential for innovation and technology based growth. Designing a package of SME policies should be based on a rigorous analysis of the strengths and weaknesses of the region and fine tuned to the specific economic and sector structure."

Back in May, 2007 a conference took place in Warsaw, Poland - Disseminating IP Knowledge in Universities. The conference initiated for discovering the role of scientists, universities, and research units in spreading of intellectual property knowledge as a fundamental component of modern economy based on knowledge. As my prior post mentions, Poland's economy has been growing and this will further the knowledge-based economy. All participants of the conference agreed that application of intellectual property is of main concern because it will: "enable the use of technical knowledge contained in patent description; provide information on the patent law rules; and improve the safety of the rights." Poland is defiantly on the right track as to the awareness of IP Law within the universities. However, not there needs to be execution!

The participants of the conference further described other points as to why teaching IP Law in universities is crucial. 1. To define the range of subject matter one should take into consideration on the execution of intellectual property rights. 2. Training offered to students, and it does not exclude the idea of giving special training to scientists, researchers and university staff. 3. The period of time, along with the range of the course subject cannot be defined in advance. The university needs to adapt to evolving IP sector regarding their courses. 4. Furthermore, the intention of the course is to create a legal awareness in potential providers of intellectual goods. From the Conference report - "the subjects of the IP course for students, can be, for example: a) the limit to the freedom of creation, b) the rules of quotation, c) plagiarism, d) the novelty of invention in the context of meaning and the rules of disclosing technical secrets, e) the rights of students to creative results obtained during the course of study."

With increasing focus on knowledge-based enterprises, the Intellectual Property Office of Singapore (IPOS) was established in 2001 to advise on and administer IP laws, promote IP awareness and provide the infrastructure to facilitate the development of IP.[1]  Since the signing of the free-trade agreement with the United States in May 2003, Singapore's protection of IP has improved significantly.  Significant changes to local IP laws, implemented in January 2005, included extension of authors' copyright protection by 20 years[2], introduction of a mechanism to trademark scents and sounds[3], and imposition of stiffer penalties for copyright infringement and piracy[4].  Currently, patents, trademarks, registered designs, copyright are IP rights protected under the current IP laws in Singapore.

The Patents (Amendment) Act, which came into effect in January, 2002, also aims to provide a regulatory regime for patent attorneys and agents, and improve their accessibility to patent laws and system in order to improve their service to domestic and international inventors and patent owners.   

The patent application system was modified in July 2004 to create a dual-track system with two deadline alternatives for applicants relating to search, examination and requests: within 42 months ("fast track"), or within 60 months ("slow track").[5]  If no preference is specified, the "fast track" is the default.  If the applicant opts for the slow track, only one fee must be paid to extend all deadlines.  Previously, applicants were given a deadline of 54 months to request a patent.

In 2007, new amendments were made to the Patents Act.  Since 2007, overseas patent applications automatically include patent protection in Singapore.  Other amendments extended the filing period; an applicant will be provided with two more months after the 12-month period to file a Singapore patent application and claim priority over an earlier relevant application that was filed in a Paris Convention or WTO member state, provided the applicant can show that he missed the initial 12-month period unintentionally.[6]

In addition to promulgating new IP laws, Singapore has also signed numerous international treaties to strengthen its IP system.  The first important international treaty came in 1995, when Singapore approved the Patent Co-operation Treaty (PCT) system under the World Intellectual Property Organisation (WIPO), which provides a convenient and useful alternative route for patent applicants filing an international application for their respective inventions.  By filing in one PCT country, applicants can simultaneously seek patent protection for their inventions in more than 130 PCT countries including Singapore.  Besides the PCT system, Singapore is also a signatory to several other important international IP treaties, including the Bern Convention, Madrid Protocol, Budapest Treaty and the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs).[7]

In the last several years, Singapore has also made several amendments and extensions to IP rights, which include a revised Trademark Law Treaty (TLT) in 2006, updates to the copyright law in 2007 and the recent 2008 proposal to amend the Copyright Tribunal to meet the needs of users and owners of copyright works in the digital age.

Although Singapore is known for its strong enforcement, protection of IP rights in Singapore does not rely solely on legal measures.  In recent years, the IPOS has also tried to educate the general public about IP rights, as well as actions that constitute infringement and consequences through the use of public talks and seminars, educational outreach advertising campaigns and IP seminars for retailers.  To enhance Singapore's IP system, IPOS regularly seek public comments and suggestions on what additional changes can be implemented to strengthen IP protection.

Singapore is an invaluable partner for WIPO and has an important role to play in ensuring that the IP system continues to be of relevance in the 21^st century, as a mechanism to support all countries.  The WIPO, as the UN agency empowered to administer and develop the international IP system, has a key role to play in facilitating discussions to ensure that IP fosters innovations that are socially and economically beneficial.  This commitment was reiterated when WIPO director-general Francis Gurry visited Singapore in July 2009.  During the visit, Guerry highlighted Singapore's growing recognition of knowledge as the basis for wealth creation and the role of IP in harnessing its value.[8]

In today's highly competitive global economic environment, a commitment to research and development, educational excellence and innovation, is essential in securing an advantage in the marketplace.  Singapore's commitment through continuous revision to its IP laws shows how the IP system can offer a means of promoting economic growth and wealth creation.

Singapore's continuous commitment to research and development, innovation and IP also means that it can withstand the current global economic downturn.  Armed with a robust IP system, Singapore will continue to attract high levels of foreign investment and foster the development of cutting- edge industries in fields as diverse as biomedicine, chemicals, electronics and green technology.

On July 28, 2009, Director General of the World Intellectual Property Organization (WIPO), Dr. Francis Gurry, signed an agreement with Singapore Minister for Law, Mr. K Shanmugam, for the establishment of the WIPO Arbitration and Mediation Center in Singapore.  Mr. Shanmugam announced that the Singapore office would officially be opened in January 2010 at Maxwell Chambers.  This is the first Arbitration and Mediation Center established in the Asia Pacific region.

The WIPO Arbitration and Mediation Center was first established in Geneva, Switzerland in 1994 to offer alternative dispute resolution options for the resolution of international commercial disputes between private parties.  The Center offers dispute resolution procedures including mediations, arbitration, expedited arbitration, and expert determination.[1]  The Geneva Center has administered over 220 mediation and arbitration cases to date.[2]

The Singapore Arbitration and Mediation Center aims to promote alternative dispute resolution services in the Asia Pacific region.  These services include advising parties and their lawyers on ways to resolve IP disputes, and providing them with access to the alternative dispute resolution procedures, particularly suited for the resolution of international IP disputes.  As Dr. Gurry said, "alternative dispute resolution is an important cost-saving alternative to traditional litigation and means of finding constructive and workable solutions to the often complex, cross-border IP related disputes that can arise in a wide range of fields."  Alternative dispute resolution can save time and money, and its consensual nature often results in a less adversarial process, allowing the parties to begin, continue, or enhance profitable business relationships with each other.[3]

Mr. Shanmugam comments that Singapore is an ideal location to serve the arbitration needs of Asia because it is within a seven-hour flight from all the major cities in Asia, such as Shanghai, Tokyo, Seoul, Jakarta, New Delhi and Sydney.  He also comments that Singapore is an ideal location because business is conducted in English in Singapore.[4]

In addition to providing alternative dispute resolution services, the Singapore Arbitration and Mediation Center administers and facilitates hearings in cases conducted under the WIPO Rules in Singapore.  It also provides training and advice on procedures such as arbitration, mediation and expert determination.  WIPO's specialized training programs include workshops led by prominent dispute-resolution and IP practitioners and other experts.  The workshops are designed for practitioners, lawyers, business executives, and others who are interested in mediation process.[5]  To facilitate the arrangement of these workshops, WIPO has set up a website (http://www.wipo.int/amc/en/events/) through which visitors can view and enroll in various workshops and conferences.

With the latest establishment of the Singapore Arbitration and Mediation Center, WIPO has officially recognized the importance of reaching out to its members in the Asia Pacific region and in better serving their needs.  This Singapore Arbitration and Mediation Center also stands as a concrete example of WIPO's commitment to its constituents in the Asia Pacific region in furthering the development of IP as a tool for economic growth.

Indeed, being situated at the center of Asia, the Singapore Arbitration and Mediation Center is well-placed to foster closer ties between WIPO and the various IP offices in the region, including facilitating constructive dialogue on issues in the international IP agenda and resolving domestic and international issues that can benefit WIPO immensely.   For the entire Asia Pacific Region, the Singapore Arbitration and Mediation Center presents further opportunities for all Asia-WIPO members to advance the global IP agenda in various ways; for example, member countries can take advantage of the Office's proximity to better leverage on WIPO's numerous programmes and its technical assistance initiatives while promoting collaboration and discouraging conflicts that can give rise to hostility and indifference among member countries.

Assuming his new position as Nigeria's Science and Technology Minister, in Goodluck's transition government, Prof. Mohammed Abubakar comments blow further wind in the sails of the country's efforts to promote sustainable technology transfer capacity. The incoming Minister stated that "the most important thing we [Nigerians] have to start thinking about is how to translate what we have been learning in science, engineering and technology into practice." (allAfrica.com 4/8/2010).

When in 2007, Umar Yar'Adua was announced as Nigeria's elected president, Nigerian scientists were hoping that the president's and vice president's science background, the former as a chemist and the latter as a zoologist, will serve to further push the development of science in the country.  (Semiu Babalola, Science and Development, 5/29/2007). And so, committed to the ideals of WIPO and the protection and enforcement of IPR, the President called on WIPO's Director General, Francis Gurry, to establish a training institute in the country in partnership with the Nigerian government. (allAfrica 9/2/2009).

Introduction

Africa faces many diverse challenges.  There are several development needs that have to be addressed to improve the quality of life of the people in the continent.  Different countries in Africa are at various development levels both socially, economically and politically.  Grappling with all the challenges is not an easy feat for these countries for it involves a lot of prioritization of what needs to be done for the economies and the people's social and economic needs.  More often than not the plans involve short term measures to address different issues while long term solutions are not at the forefront.

Another huge factor in Africa's lack of development is the slow pace of adoption of new technologies to match the pace of developing countries and the challenges of competing in the globalized world.  The global competition is skewed in favor of developed countries because developing countries lack the requisite human resources, skills and technology to be able to compete effectively and significantly in the world market.  Being part of the global village, there are other challenges such as the achievement of the Millennium Development Goals (MDG) that African countries have to pay particular attention to.  These initiatives demand an investment of financial resources to achieve the initiatives and many countries do not have the financial capability nor the requisite skills to facilitate progress in the achievement of the MDG's.

It is therefore not surprising that Africa or developing countries lag behind in the development of science, technology and innovation initiatives because they do not have the financial and human resource capabilities to fully engage in such initiatives.  Whenever such initiatives have been put in place, they are addressed in a piece meal like way that ultimately does not produce the anticipated and necessary results to deal with social, economic and health challenges bedeviling the countries.

Therefore there is a greater need to find ways and solutions to assist African countries to catch on the bandwagon of science, technology and innovation.  Science, technology and innovation has proven to be the bedrock of diversified economies and provides different solutions to problems experienced by mankind such as diseases, poverty, hunger and use of natural resources.  If developing countries intensified their creation, development of science and technology innovations, they can successfully address some of their problems and attain economic as well as social development.

Botswana as a developing country in Africa is not immune from the many challenges faced by other African countries.  The country has done well over the years in terms of managing and maintaining its economy.  One way in which the country has managed a stable economy over the years is through the use of natural resources such as diamonds to support the socio economic development of the country.  The country invested so much in building the country's infrastructural development which included the building of schools, hospitals, clinics, roads, telecommunications network etc.  Government also dedicated some resources to develop the human resource sector in order to manage the infrastructural development put in place for the benefit of the communities.  However not all areas of human resource development were pursued for various reasons some of which includes the lack of diverse tertiary education schools to cater for subjects such as advanced science and technology, engineering, intellectual property, technology transfer etc.  Other factors relate to the huge expenses incurred to train people abroad which competed with local challenges such as creating employment, eradicating poverty and addressing the HIV /AIDS challenge.

Despite all these challenges, the government over the years put in place different initiatives to promote science and technology in the country firstly by incorporating science and technology development in the main National Development Plan which guides development priorities government will undertake during a seven year period.  Some of the initiatives in the National Development Plans overtime include the establishment of the Rural Industries Promotion Company with key performance areas which includes

1.       Establishment and implementation of internationally recognized research standards and procedures in the area of science, engineering and technology.

 2.      Development and implementation of research programmes in accordance with national priority focus areas for research and development.

 3.      Initiation of programmes targeted at stimulating the creation of new products, processes, services and supporting infrastructure and platforms in the domain of Research and Development

 4.      Initiation of research projects which enhance the reputation of the organization and contribute to the development of processing industries and utilization of Botswana's natural endowments.

5.            Assessment of emerging international scientific and technology challenges and

trends and their impact on the country's R&D Agenda

6.            Competencies in training and development of Staff. http://www.ripco.co.bw/

Other organizations established by government included the Botswana Technology Center, The National Food Technology Center, National Veterinary Lab, Government departments such as the Agriculture research and training institutions which includes the University of Botswana, Botswana Agriculture College and Vocational Training Institutes.

Inspite of all these initiatives, the institutions have not fully been able to attain remarkable results in fulfillment of their mandates.  Educational institutions continue to have low levels of students pursuing science related courses compared to other subjects.  The research institutions sponsored by government have not come close to fulfilling their mandates.  One way of ascertaining that is the fact that so far the institutions have little or no intellectual property that is exploited to address the socio economic challenges of communities in Botswana.  The spinoffs from some of their research are yet to be adopted for the betterment of communities and added significance to the diversification of the economy.

WHAT BOTSWANA NEEDS.

Science and technology policy

The country has taken some steps to improve science, technology and innovation but more needs to be done hence the starting point is to build on what the country has so far developed.  The main thing is to have a robust science and technology policy that will form the basis and a framework for science and technology initiatives for Botswana based on the needs of communities and anticipated future needs of the country.  There is need for development partners to work with certain stakeholders in Botswana such as the Research Science and Technology Department to come up with the policy.  The development partners will play a facilitators role and the local stakeholders will insure that the policy has relevance and focus in Botswana by addressing pertinent and priority needs as identified through the engagement of communities.

Capacity building in science and technology education

 The human resource element is always the critical factor in getting things done.  Without the requisite knowledge and skills in the science and technology field, not much can be achieved in terms of the development of technologies to be used to address challenges faced by communities.  It is important therefore to improve science and technology training.  The government has taken a bold step of setting up the University of Science and Technology.  It is an ambitious public private partnership project which is meant to improve the level of science and technology education in Botswana to support local and regional industries.  It is in this endeavor that government needs partners to make the initiative a productive one by providing quality, focused education. The Science and Technology Group of the World Bank can assist in such an effort by making it possible for Science and Technology graduates and professors to assist to make the University a regional Science and Technology Innovation hub which will support and build capacity for scientists not only for Botswana but other countries in the region and afar.

Other initiatives would include comprehensive and deliberate efforts to recruit students from primary schools to engage in science and math at an early age in an effort to prepare them to pursue careers in the science and technology fields.  The initiative should target both males and females alike as a way of promoting gender equality and equal opportunities for all.

Capacity building for research and development organizations

Research and development agencies need to have capacity to conduct quality research to meet international standards and therefore research and development practitioners need the requisite skills and capabilities to work in an R&D environment.  Professionals in the institutions in Botswana can benefit from training to enhance their skills and build their capacity to conduct research in various fields and also to adopt and use new technological research tools available in the research and development world.  These initiatives can be facilitated by the attachment of officers to developed and reputable research and development institutions to get practical experience and guidance in conducting research.  This initiative will also build their capacity to act as professionals and ensure that they are able to support their organization in getting registrations for intellectual property more especially patents and industrial designs.

Capacity building on intellectual property.

Intellectual Property administration and management is an important part that supports the development and the resultant innovations from the R&D.  The intellectual property policy is therefore important.  Putting in place laws on IP is also important.  Botswana has since the early 1990's reviewed some of the Intellectual Property laws that it inherited from the British colonial rule.  The laws were meant to be compliant with the TRIPS agreement and all other treaties and conventions Botswana is signatory to.  The main challenge for the country is the lack of sufficient human resource with capabilities to deal with all aspects of intellectual property to support research and development institutes, entrepreneurs by facilitating the registration and management of IP for market exploitation and community benefit.  Botswana still needs more intellectual property professionals and that can be facilitated by the education of officers in the government intellectual property offices and officers in public sector research institutions as well as the private sector.  With the financial challenges faced by the country and competing priorities, Botswana needs development partners to assist in this important area.  It will not only benefit the country but also different international companies that wish to set up in Botswana because they will be assured that their intellectual property will be protected.

Technology Transfer Offices (TTO)

Botswana needs a technology transfer office to support the local research and development agencies to convert science, technology and innovation into business opportunities.

Many developing countries face an innovation gap in the sense that there is a large stock of potentially relevant, available knowledge and know- how that could help to solve or at least alleviate many high priority social and economic development problems.  These problems might include such vexing issues as delivering clean  drinking water to rural villages adding value to natural resources, transferring off the shelves technologies to local SME's, diversify exports and improving industrial competitiveness.  From the perspective of most developing countries, however this knowledge and know-how appears to be locked in its country of origin.  This is not because the country of origin will not let it out.  On the contrary much of the required knowledge is freely available and much of the rest can be licensed. (See URL below).   Rather it is because developing countries do not have the capacity to find this available know-how, adapt it for local use diffuse it widely throughout the economy, incorporate it into globally or locally competitive goods and services produced by local businesses and deploy it to solve local problems.

To address this issue, developing countries need to build appropriate STI  institutions that in collaboration with each other as well as the private sector, government ministries and agencies, universities, research institutes, educational institutions and NGO's can

i.                     identify and locate relevant technology that exists outside the home country

ii.                   license it or find other ways to acquire it and bring it into the country

iii.                  pass it along to universities and research institute that can perform the "translation" or "developmental" research to adapt the technology for local use.

iv.                 Transfer or diffuse the technology to farmers and local enterprises who will use to  produce more knowledge intensive higher value added goods and services

v.                   Develop new entrepreneurs and attract existing entrepreneurs from inside and outside the country who can start new businesses on the basis on this "new to the country" technology

vi.                 Provide students and existing workers with more sophisticated skills so that they can perform more complex tasks with this technology. (See URL below). 

Moving forward this is the role that can be assumed by TTO's but there remains a greater need to build capacity in terms of human resource development to set up and actually run the TTO successfully.   Botswana like other developing countries need the capacity to build and run a TTO that will be a central place for all agencies both private and public to access resources to manage their IP, market their technology and to exploit it or through their partners in the market both locally and abroad.  

Botswana needs support from development partners to sustain its economic development initiatives.  Without a diversified economy the country will find it hard moving forward to maintain and sustain the infrastructural development it has put in place.  With some assistance the country can use science and technology as another engine of economic growth and increased diversity of the economy.  The success of such initiative will depend on the human resource capabilities that will be built and sustained overtime, hence a long term planning, commitment and implementation is critical.

 In January 2010, Francis Gurry, the Director General of World Intellectual Property Organization (WIPO), visited Vietnam and met with Vietnam's President Nguyen Minh Triet.  WIPO is one of 16 specialized agencies of the United Nations and was set up in 1967 to promote the protection of intellectual property (IP) throughout the world.  During his visit in Vietnam, Francis pledged WIPO's continuing support to help Vietnam develop its IP capacity to innovate and achieve sustainable economic growth.  During the meeting, President Nguyen also reiterated Vietnam's commitment to protecting IP rights and establishing sustainable IP system that would allow Vietnam to shift away from an agricultural-based economy and to become a knowledge-based economy.

Gurry's unequivocal promise to support and strengthen Vietnam's national IP system is a welcoming sign to a country that has been plagued by a lack of human resources and funding to hold education programs on IP.  Although Vietnam has become the 150^th member of the World Trade Organization (WTO) on January 11, 2007 and numerous economic legislations have since been introduced by the Vietnamese legislative body to match the WTO standard in IP protection and innovation, high-tech utilization in Vietnam remains very low at 2%, while other Asian countries such as Thailand, Malaysia and Singapore have flourished with a utilization rate of 30%, 51%, and 73%, respectively (see Tran Ngoc Hien, Social Changes in Vietnam Under Impacts of WTO Accession, Social Science Information Review, Vol. 1, No. 3, p. 4 (2007). Appendix B.).

Law universities in Vietnam also are limited in terms of providing IP education and research opportunities.  It is reported that most university researchers and administrators lack legal capacity in understanding the basic IP issues.  See Gregory D. Graff, Echoes of Bayh-Dole? A Survey of IP and Technology Transfer Policies in Emerging and Developing Economies, Intellectual Property Management in Health and Agricultural Innovation, a handbook of best practices (2007), vol. 1, p. 187.  While the general public knows that Vietnam's National Assembly has enacted IP Law No. 50/2005, which provides key provisions of Vietnam's Patent Law, most do not understand the legal implication of the new law.  Coupled with a lack of legal scholars and professionals to teach IP and the limited availability of legal education to those who possess an undergraduate law degree, there is a critical need for human resources in the field of IP, such as university scholars and professional IP lawyers, to promote the advancement and pursue the legal enforcement of IP rights in Vietnam.

Gurry's Vietnam visit will undoubtedly serve as an unwavering support and important incentive to a country that has been thirsty for international assistance in IP.  Although the idea of protecting IP is not new to Vietnam, as it enacted the Civil Code in 1995, the first legislation introduced that pertains to IP protection, technology has continued to change globally on a lightning pace and the onset of the digital age has resulted in a whole new set of IP-related issues that require a well-managed national IP system in order to ensure that these new issues do not hamper and slow the country's economic growth.

Many individuals do have their preconceived concepts about Poland. However, Poland is the only country within the European Union (EU) to have a economic growth of 1.2% during 2009. Gross Domestic Prodcut (GDP) is the basic measure of a country's overall economic output and Poland's GDP per head rose from 50% to 56% of the EU average. This is a record jump for Poland and actually making Poland Europe's ninth biggest economy.

Poland has been putting a lot of effort in improving relations with all its neighbors and even has a favourable security deal from the United States under President Barack Obama. Such favorable numbers and results are introducing foreign investors in Poland.

Clearly Poland is moving away from a economy in transistion. However, Poland is still not yet the knowledge-based economy. Regarding intellectual property (IP) rights, Poland still has not clear regulation at universities in Poland. Many Polish scientists are still focusing largely on publishing their discovery and findings to obtain further grants. This mostly likely refrains them from patenting their innovations. Also many universities still retain IP rights to all research conducted. This kind of policy has discouraged scientists from starting own start-ups and spin-offs.

That is slowly changing. In 2008 Poland adopted EU's Innovative Economy Operational Programme; using funds to focus on research and development of novel technologies and infrastrustures. Secondly the Poland Patent Office has been carrying out training sessions, promotion stands during fairs and exhibitions on patent information and industrial property protection. This is all a huge step in the right direction which will further the economic growth of Poland.