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Aleck Ncube
ON Thursday the 28th of June, 2018, Zimbabwe launched its long awaited National Intellectual Property Policy and Implementation Strategy. The occasion was graced by the Honourable Minister of Justice, Legal and Parliamentary Affairs, Cde Ziyambi Ziyambi.

This was a milestone achievement for Zimbabwe as strong intellectual property protection is an essential requirement for innovation, which in turn is fundamental for economic growth. IP protection also enhances economic growth, technology transfer, foreign direct investment and localised innovation.

As Zimbabwe seeks to move away from the traditional resource based economy towards a knowledge based economy, IP protection will ensure that right holders have sufficient incentive to bring their works to the market for the benefit of all stakeholders in society.

Zimbabwe also joined an elite group of African countries that have formulated and launched their National IP policies and implementation strategies. This truly emphasises that Zimbabwe is Open for Business!

Sustainable economic growth is a crucial topic for any government. Innovation is emerging as an effective tool to solve the challenges to economic development and the intellectual property system provides the most effective way to ensure the innovation process.

Intellectual Property (IP) is an economic asset. For this reason many countries are seeking practical information on how IP can be used to promote economic growth.

Like other types of property, it can be developed, owned and managed so that it creates an economic return. Proactive policies need to be undertaken by nations to support the development and management of IP assets.

A national IP policy and implementation strategy calls for the development and management of IP over a period of time.

It outlines the national approach for developing and importing human capital and IP as well as the methods to be employed for commercial exploitation of IP assets.

The national IP strategy addresses education and funding, identifies priority areas for research, human resource development needs, and the expected products for research initiatives.

Education is the foundation of IP asset development and universities and research institutions play a critical role in the development of IP in the country.

National policies on competition and economic development, which aim at the creation, utilisation and protection of intellectual properties, have become common in the developing world.

The national IP policy and implementation strategy aims at how to effectively intervene in the economy through the usage of IP, in order to create a sound development environment, and push andpull the enterprises to fulfill the goal of a national development strategy. The national IP policy and implementation strategy is intended to promote measures for the creation, protection and exploitation of IP in a focused and planned manner.

When it comes to the intercession between an IP policy and implementation strategy and technology transfer from research and development institutions, the role of a national IP Policy and implementation strategy is divided into four main roles, which are:

– Strengthening IP awareness;

– Promoting IP training;

– Strengthening IP academies;

– Developing IP policies and regulations;

Zimbabwe’s national IP policy and implementation strategy seeks to strengthen the maintenance of legislation and raise awareness of Intellectual Property Rights (IPR) in the country.

Through the policy, Government as the rule maker and signatory to international agreements is responsible for the fulfillment of its commitments.

Government plays a key role as it is the most powerful protector of the value of IPRs through domestic legislation to international agreements by which it has committed to abide with.

Trade Related Aspects of Intellectual Property (TRIPs Agreement) is one of the three cornerstones of the World Trade Organisation (WTO) framework.

Zimbabwe as a member of this organisation is not exempt from the obligations and has to act under its rules.

The Zimbabwe IP policy and implementation strategy emphasises the role of the Government in actively educating the people and highlighting the importance of the value of  IPRs, and advocating and reshaping the public opinion towards value of IPR.

It is through respect of IPR values that governments can build up the basic market system for the IPRs working as capital and assets. Intellectual property is cross-sectoral in nature. IP issues relate to health, agriculture, environment, trade, industry, culture, education, science and technology etc.

Effective use of IP as a tool for development requires greater coordination amongst key government and private bodies in the development and implementation of policies, strategies and laws.

There are research institutions in Zimbabwe that are involved in the generation and use of intellectual property assets.

However, these institutions do not have institutional IP policies that guide and support the generation, protection, and exploitation of IP assets and determine rights and benefits of researchers. As a result of this, there are cases that demonstrate loss of valuable research results that could have been patented due to disclosure through publication.

The national IP policy and implementation strategy calls upon universities and research institutions to formulate inclusive institutional IP policies so that they can leverage on their research creativity to commercialize their research outputs. Generation or protection of IP assets is not an end in itself.

The assets should be put to use and exploited. Commercialisation of IP assets will help to transform the assets into products, services and new business.

The government of Zimbabwe through the Ministry of Higher and Tertiary Education, Science and Technology Development is in the process of setting up Incubation Hubs at select universities and the commercialisation of research results is expected to be enhanced through this process.

The level of IP awareness among businesspersons, SMEs, researchers in R&D organisations, and academic staff of higher learning institutions; policy makers and implementers such as politicians, Government officers; and members of the general public is low or inadequate and the launching of the Zimbabwe IP policy and implementation strategy is expected increase the level of IP awareness  as a matter of urgency as it prioritises and promotes IP education and awareness.

Importance of a National IP Policy and Implementation Strategy

It is widely accepted that a well-functioning and balanced IP system is key to promoting innovation and creativity, which are the main drivers of economic development of knowledge-based economies. The success of a Knowledge Based Economy is dependent on a system that promotes knowledge-based enterprises, strengthens linkages between industry and research institutions, and develops the workforce necessary to deliver IP services.

Such a system presupposes the appropriate integration of IP into the national development framework, and the interfacing of broad national IP policies and strategies with relevant national policy issues. An IP policy and implementation strategy is important as it will strengthen the country’s ability to generate economically valuable IP assets.

Zimbabwe has wealth in the form of human capital, universities, research institutions and entrepreneurial businesses.

The aim of the IP policy and implementation strategy is to, over time, provide a plan whereby all national stakeholders can work together to create, own and exploit research results, innovations, new technologies and works of creativity. It is time for Zimbabwe to occupy its rightful place as a nation looking to the future with confidence.

Aleck Ncube is an intellectual property scholar based in Bulawayo. Feedback on mobile : +263712374408 Skype: Matintas1 Twitter: @aleckncube Alternative E-mail: [email protected]