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Fifth Session
Why Research and Development are not Progressing in the
Arab World
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Moderator:
Speaker:
Speaker:
Reporter:
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Dr. Ahmed El Hakim
Bristol Myers Squibb
Dr. Maha Bekheit
Head, Intellectual Property Unit, Cabinet of the
Secretary General
League of Arab States
Ms. Hanan Sboul
Secretary General
The Jordanian Association of Pharmaceutical
Manufacturers
Mr. Amr Kershah
Hoda Abdel Hadi & Partners - AEPPI
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Brief Summary |
Ms. Maha Bekheit has raised an important
question. Why has Research and Development leading to
Innovation in the Arab World not progressed?? She answered
the question by stating the reasons to the following:-
a) The poor structure of the educational
process.
b) The humble amounts of funds that are
allocated for a research and development.
c) The small number of research
innovators.
d) The modest number of innovations
compared to the rest of the world.
Ms. Maha Bekheit addressed the endeavors of the Arab League
to promote real co-operation between the different Arab
Governments in order to enhance innovation. She also
stressed on the need to have a National scheme of Scientific
Research in each Arab country including the establishment of
IP bureaus in different universities.
In closing she has stressed that although the situation of
the Scientific Research and Development is not at its best
in the Arab World. However, there are several attempts to
enhance and encourage innovation such as Mubarak city for
Scientific Research in Egypt; King Abdel Aziz Institute for
Innovation in Saudi Arabia; King Abdullah fund in Jordon;
the Qatar Institute for Education and Science which all
reflect the wish of the different Arab Countries to gain a
strong hold in this race.
The second speaker started by an overview of the
Pharmaceutical (Drugs) Market in the Arab World and that the
Pharmaceutical Industry in the Arab region is limited to
generic medicines which covers 17% of the local market needs
while 70% are imported. She then stressed on the importance
of the Arab Governments encouraging and supporting this
vital industry. However, the current situation reflects the
low spending on the pharmaceutical industries and its
research centers. This also requires that the Governments
and the Private Sectors increase their spending to encourage
innovations according to a set strategy. She further
requested that the flow of information be available to
researchers. She then touched on the Patent System and the
Patent Information System in the Arab World and pointed out
that such system had different loopholes that needed to be
corrected.
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Sixth Session
Dispute Settlement and Effective Enforcement of IP
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Moderator:
Speaker:
Speaker:
Reporter:
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Mr. Samir Hamza
Attorney-at-Law and Vice President of AEPPI
Counselor Amr Abdel Aziz
WIPO
Mr. Ahmed Abou Ali
Hassouna & Abou Ali Law Firm
Secretary General of AEPPI
Mr. Mourad Nasr
Hoda Abdel Hadi & Partners - AEPPI
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Mr. Amr Abdel Aziz, in his speech,
emphasized that he always recommends that small and medium
enterprises obtain elgal advice regarding the enforcement of
intellectual property rights in order to save non-essential
expenses, without access to a successful outcome, as this is
a burden for these companies.
It is preferable to resort to arbitration or mediation.
Arbitration procedures are less cumbersome than those of
litigation in addition to the issue of enforcement on an
international level.
There is a center for arbitration and mediation in WIPO
which is part of the basic structure of WIPO. This Center
specializes in intellectual property disputes, especially
those over the domain names on the internet. The Center
provides services free of charge but it requires that the
parties to the dispute agree to have recourse to the Center.
The responsibility is on the right-holder to prove
infringement; the intruder should be punished in order to
accomplish protection.
There are some countries that have courts specialized in
intellectual property disputes such as in Egypt and the
Sudan.
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The mission of these measures is to prevent counterfeit
goods from being brought into local markets and to combat
fraud and forgery.
The TRIPS Agreement obliges all countries concerned to
provide mechanisms for enforcement.
In accordance with this Agreement, member countries should
establish what is called FOCAL POINT that would ensure local
laws are in line with TRIPS.
The second speaker covered actions and provisional measures
in the Egyptian law.
The protection of intellectual property was essential to
attract investment. Protection is not essential or important
without the significance of its quick enforcement.
The conflict in the intellectual property is in fact a civil
dispute and the infringer will have to make compensation.
The Intellectual Property Law was issued under No. 82 in
2002 to comply with the TRIPS Agreement and this Law
contains several sections on patents and industrial designs,
trademarks, and undisclosed information, and others.
Also, Articles (33) and (35) of the Law deal with the
infringement of patents. It empowers the judge to issue
precautionary or provisional seizures in an ex parte
procedure.
On the other hand, Articles (114) and (115) deal with
precautionary measures in trademarks while Article (135)
deals with such measures against the infringement of marks
and models.
The conditions for issuing temporary and precautionary
measures:
1. A right recognized by law.
2. The presence of an infringement on the right.
3. An interest in the prosecution against the
infringer.
Law No. 82 of 2002 did not specify the competent court and
this will lead us to use the Civil and Commercial Procedures
Law to determine the competent court.
Finally Mr. Abou Ali recommended the following:
- Unification of the rules of temporary measures
in a separate section for all intellectual property rights.
- Establishment of an independent authority
combining all the competent authorities that deal with
intellectual property.
- Establishment of a court that specializes in
intellectual property disputes.
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Final Session |
The Symposium ended with closing remarks from:
Mr. Amr Abdel Aziz (WIPO)
Mr. Stephen Freischem (AIPPI)
Mr. Kamal Berti (APPIMAF)
Ms. Hoda Serag El Din (AEPPI)
Mr. Samir Hamza (AEPPI)
Each of the above representatives summarized the issues that
were addressed in the Symposium and the Reporter General
highlighted the observations and recommendations of the
Symposium as follows:
1. There must be a balance between IP protection with its
exclusivity concept and free competition. This balance is
required in order to secure proper economic growth.
2. There was a consensus among all lecturers that the
condition of Research and Development (R&D) in the Arab
world is poor and backward. Indeed, it is far below other
countries in the world.
3. It was also agreed that R&D plays an important role in
economic growth. This requires improvement in and
introduction of new schemes to the current educational
system in the region. Further, it requires allocation of
more funds for R&D to universities and research centers
whether from the Government or civil society. The
relationship between R&D and IP rights was also addressed.
4. The Symposium confirmed that the SME should be aware of
their valuable IP assets and its role in business expansion
and combating counterfeiters or competitors. Awareness of
SME of such valuable assets is a requirement for its growth
and to avoid loss of goodwill and reputation in the market.
5. “Access to Knowledge” doctrine should be implemented as a
means to enhance IP rights. This includes applying a patent
system with full transparency to ensure continuous
advancement in innovations.
6. The Symposium confirmed that licensing of IP rights is a
means of transfer of technology to under developed
countries. It further confirmed that licensing will
stimulate economic growth in the region. The pitfalls in
negotiating licensing agreements were also addressed.
7. The Symposium stressed the need to encourage civil
societies to be involved in institutional R&D and
innovations.
8. The Symposium recognized the positive effect of
enforcement of IP laws and that such enforcement will
enhance IP rights in all fields. The different means of
enforcement, criminal or civil, including provisional
measures, was also addressed. The Symposium requested that a
special seminar be arranged regarding the possible disputes
concerning domain names and its confusion with trademarks.
After the final session a photograph was taken of the
participants (enclosed).
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Prepared by:
Samir M. Hamza
Vice President of AEPPI
Reporter General of the Symposium
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