WIPO/GRTKF/IC/16/INF/8
Annex, page 4
6.
Aripo And The Lusaka Agreement
The English-speaking countries in Africa use the African Regional Industrial Property
Organization (ARIPO), which is an inter-governmental industrial property organization to
protect IP rights. This organization was created in 1976 at a Diplomatic Conference in
Lusaka, Zambia. The Treaty creating ARIPO (known as the Lusaka Agreement) entered into
force in 1978. The headquarters of ARIPO are in Harare, Zimbabwe. At present, 15 States
are members of ARIPO. These are Botswana, Gambia, The Ghana, Kenya, Lesotho, Malawi,
Mozambique, Sierra Leone, Somalia, Sudan, Swaziland, Tanzania, Uganda, United Republic
of Tanzania, Zambia and Zimbabwe. ARIPO has come up with Protocols that are utilized by
member states for the protection of IPRs. They were however not specific for the protection
of genetic resources traditional knowledge and expression of folklore until recently when a
Draft Protocol on the protection of traditional knowledge was formulated.
7.
Harare Protocol
In December 1982, ARIPO adopted the Protocol on Patents and Industrial Designs
(Known as the Harare Protocol). The Protocol empowers the Office of ARIPO to grant
patents and register industrial designs and to administer the granted patents and registered
industrial designs, on behalf of the Contracting State (i.e. State which are party to the
Protocol). A Patent granted under the Harare Protocol has the same effect in the designated
Contracting State as a national patent. The Protocol entered into force in 1984. Since that
date the following countries are a party to the Protocol:- Botswana, The Gambia, Ghana,
Kenya, Lesotho, Malawi, Mozambique, Sudan, Swaziland, Tanzania, Uganda, Zambia and
Zimbabwe. Some Contracting States have already incorporated the Protocol into their
national laws; for the other Contracting States, incorporation is under way. This protocol does
not provide protection to TK, GR and Folklore.
8.
The Banjul Protocol
The Banjul Protocol on marks was adopted by the administrative Council in 1993. It
establishes a trademark filing system similar to the Harare Protocol. Under the Protocol an
applicant may file a single application either at a Contracting State or directly with ARIPO
Office and designates in the application the member states in which he wishes his mark to be
protected. The Protocol came into force on 6th March, 1997 when three countries ratified,
namely Malawi, Swaziland and Zimbabwe, since then Lesotho and Tanzania have joined the
Protocol. Zambia is not a member of the Protocol. Again this protocol does not provide for
any protection on TK, GR and expressions of Folklore.
9.
The Draft Aripo Protocol On Traditional Knowledge Expressions Of Folklore And
Genetic Resources
In the recent past, ARIPO has come up with a Draft document on the protection of
traditional knowledge, expression of folklore and genetic resources. The purpose of this
instrument is:
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To protect traditional knowledge holders against any infringement of their rights
as recognized by the instrument: and