WIPO - KEPSA SEMINAR ON INTELLECTUAL PROPERTY AND FRANCHISING FOR

SMES Nairobi, Kenya, February 8-9, 2006

Objectives, Programs and Activities of the Small and Medium-Sized Enterprises

(SMEs) Division of WIPOChristopher M. Kalanje, Consultant, SMEs Division,

WIPO

Objective of the Seminar

• Enhance awareness on role of IP in Franchising

• Sensitize participants on IP opportunities and challenges in franchising Strategic use of IP in business

• Identify case studies on SMEs and franchising in Kenya

• Identify areas of possible cooperation• Establish partnership with institutions

Basic Facts about WIPO

WIPO’s Mission:• To promote the protection of IP rights

worldwide and extend the benefits of the international IP system to all Member States.– Status: An int’l intergovernmental organization– Member States: 182 – Treaties Administered: 23– Headquarters: Geneva

• www.wipo.int

Basic Facts about WIPO contd.

Paris Convention

1883

- Kenya (June 14, 1965)

Berne Convention1886

- Kenya (June 11, 1993)

Madrid Agreement1891

- Kenya (June 26, 1998)

WIPO Convention

1970

- Kenya (October 5, 1971)

Madrid Protocol1989

- Kenya (June 26, 1998)

PCT- Kenya (June 8,1994)

1967WIPO established

Some WIPO Treaties that Kenya is a party

Basic Facts about WIPO contd.

• WIPO Mission– To promote the effective protection and

use of IP worldwide through cooperation with and among Member States and all stakeholders

– Status: An int’l intergovernmental organization– Member States: 182 – Treaties Administered: 23– Headquarters: Geneva

http://www.wipo.int

Facts About SMEs contd.

SMEs

Innovation

Trade

Investment

Social Tranquility

Job Creation

EconomicGrowth

Facts About SMEs contd.

• SMEs form the bulk of enterprises in most economies

• SMEs contribution toward economic growth of countries is widely recognized

• SMEs in Kenya employed some 3.2 million people and accounted for 18% of GDP (source:

www.oecd.org/dataoecd/57/59/34908457.pdf)• SMEs have the potential of doing better

than their current performance

Why SMEs and IP

• Studies show that SMEs do not effectively use IP

• SME users of IP system are often limited to high tech, biotech, information and communication technologies enterprises

• Increasingly large companies include SMEs in their cooperate strategies

Why SMEs and IP contd.

Globalization

Revolution in ICT

Change in strategy;- Shedding away- Effective use and managing of information

Why SMEs and IP contd.

Domestic Market

Multinationals

Foreign SMEs

Domestic largecompanies

Domestic SMEs

Jua kali

Why SMEs and IP contd.

• Removal of trade barriers has increased competition both local and international

• The playing field (market) is more “bumpy” i.e competitors differ in size and assets, financial capacity, human and organizational capacity e.t.c.

Why SMEs and IP contd.

• Price and location are taking back seat as main factors of competitive advantage

• Efficient management practices, creative and appealing designs and ability to market are becoming a necessity if one wants to succeed in the market place

• Technological edge plays critical role especially in high-tech industries

Why SMEs and IP contd.

INTANGIABLEASSETS

in particularINTELLECTUAL

PROPERTYTAKING A CENTRAL

STAGE

Why SMEs and IP contd.

INTELLECTUALPROPERTY

Stimulate investment in new areas of R & D

Facilitate identificationof products by consumeri.e consumer royalty

Facilitate partnerships

Enhances competitiveness

WIPO Activities for SMEs

• WIPO SME Division: Established in October 2000

• Objective: To strengthen the capacity of governmental, private and civil society institutions worldwide to formulate and implement policies and strategies for meeting the IP needs and concerns of SMEs

WIPO Activities for SMEs contd.

STRATEGYSTRATEGY

Focus on new areas

Cooperatio

n &

partners

hipTarget new audience

Create simple, SME-friendly products

Gather and provide processed information

Strengthen outreachactivities of IP offices

WIPO Activities for SMEs contd.

Mode of delivery

Mode of delivery

- Taking IP issues to non-traditional audience

- Bringing businesscommunity to IP events

- SME web site www.wipo.int/sme

WIPO Activities for SMEs contd.Mode of delivery

Mode of delivery

- SME e-newsletter

- Reaching out to partners e.g. Chamber of commerce, Business associations (e.g KEPSA),SME associations, SME support institutions etc.

- Contributing articles to WIPO magazine

WIPO Activities for SMEs contd.

– Making a Mark: An Introduction to Trademarks for Small and medium-sized Enterprises” (Arabic, Chinese, English, French, Italian, Portuguese, Russian and Spanish)

Products (Guides)Products (Guides)

WIPO Activities for SMEs contd.

– Looking Good: An Introduction to Industrial Designs for Small and Medium-sized Enterprises” (Arabic, English, French, Italian, Portuguese and Spanish)

WIPO Activities for SMEs contd.

• Inventing the Future: An Introduction to Patents for Small and Medium-sized Enterprises (English; soon to be available in French and Spanish)

WIPO Activities for SMEs contd.

• Customization/translation completed– Algeria (French)– Argentina (Spanish)– Hungary (Hungarian)– Italy (Italian)– Lithuania (Lithuanian)– Morocco (French)– Slovakia (Slovakian)– Tunisia (French)http://www.wipo.int/sme/en/documents/guides/customization.html

WIPO Activities for SMEs contd.

Customization/Translation in progress,Kenya (Final stages )

WIPO Activities for SMEs contd.• Customization/Translation in

progress Tanzania (Kiswahili guide 1)

– 16 Countries members of the OAPI*, – Egypt, Israel and Lebanon

* L'Organisation Africaine de la Propriété Intellectuelle (Benin, Burkina Faso, Cameroon Central Africa, Congo, Cote d'Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea Bissau, Mali,

Mauritania, Niger, Senegal, Chad and Togo)

WIPO Activities for SMEs contd.

– Australia, India, Indonesia, Malaysia, Mongolia, New Zealand, Philippines, Vietnam

– Canada, Czech Republic, Estonia, Finland,, Ireland, Malta, Poland, Spain

WIPO Activities for SMEs contd.

• Guides under preparation– Creative Expression (Copyright)– IP Valuation– Domain Names– Trade Secrets– Patent Information

WIPO Activities for SMEs contd.

• Joint publications with International Trade Centre (ITC)– Marketing Crafts

and Visual Arts: The Role of Intellectual Property. A Practical Guide (English, French and Spanish)

WIPO Activities for SMEs contd.

– Secrets of Intellectual Property: A Guide for Small and Medium-sized Exporters (English, and Spanish)

WIPO Activities for SMEs contd.

– Exchanging Value: Negotiating Technology License Agreements: A Training Manual

WIPO Activities for SMEs contd.• Other Publications (commissioned to

external experts)

– Intellectual Property Rights for the Toy Industry in India (Funded by UNIDO)*

– Intellectual Property Rights for Machine Tools Industry in India (funded by UNIDO)

• * United Nations Industrial Development Organization

WIPO Activities for SMEs contd

Multimedia ProductsIP Panorama 01

- http://www.wipo.int/sme/en/multimedia/flash/module_1/intro.htm

Products in progressIP Panorama 02: Marketing (TM & ID)

IP Panorama 03: Invention and PatentIP Panorama 04: Protection of Trade SecretsIP Panorama 05: Copyright and Related Rights

WIPO Activities for SMEs contd.

FeedbackFeedback

The SMEs web site has beenlinked to several business andacademic web sites

Increased interest on IP issuesevidenced in non-traditional IPactivities

Increased collaboration withother institutions

Why Franchising

Rapidly growing business format

IP plays important role in franchise system

Need to enhance awareness of IP and Franchising

Create the conducive environment for Franchisingactivities

Conclusion

Increased Increased awarenessawarenessand effective and effective use of IP use of IP systemsystem

Enhance SMEs competitiveness

Positiveimpact in economic

development

Finally