IFPI AND ARIPO SIGN LANDMARK AGREEMENT TO SUPPORT AFRICAN MUSIC RIGHTS
8th May 2017 – IFPI, representing the recording industry worldwide, and the African Regional Intellectual Property Organisation (ARIPO), have signed a landmark agreement that will enhance the rights of African artists and their music.
The Memorandum of Understanding signed by the two organisations will further strengthen the copyright law framework and licensing of sound recording rights across the African continent. This will support African artists and record companies with their rights to be fairly rewarded for the music they are creating and contribute to the evolution of the African music market.
The commitment made between the two parties also foresees further cooperation in areas from capacity building to the development of joint events.
Commenting on the agreement, Frances Moore, chief executive IFPI, said: “The new digital environment opens unprecedented opportunities for African artists and record companies to bring their music to a worldwide audience, provided the copyright laws and the licensing infrastructure is there to support it.
“IFPI and our member companies look forward to cooperating with ARIPO to enable African artists and record companies to achieve their potential and to fully benefit from the fruits of their creativity and investment.”
Sean Watson, Managing Director of Sony Music Entertainment Africa, Chairperson of the Recording Industry of South Africa and the South African Music Performance Rights Association said on the development: “If we all work together to create a safe environment for copyright owners and artists to make their music available for fans then everybody wins. This is an important step in that direction.”
The Director General of ARIPO, Mr Fernando dos Santos had this to add, “We are excited to seal this strategic partnership with IFPI. Our greatest hope is to see Collective Management Organization’s become more pro-active in collecting and distributing royalties amongst the right holders’ whose works have been used and to see users of copyrighted works willingness to pay for the usage. ARIPO with its partners will endeavour to do all it can within its means to best further the cause of capacity building in Africa thereby contributing to the benefits and protection provided for within the African music market.”
ARIPO is an Intergovernmental Organization established to promote the use of Intellectual Property for the development in its Member States. Membership of the Organization is open to all States members of the African Union (AU) or of the United Nations Economic Commission for Africa (UNECA). Currently ARIPO counts 19 Member States from the East, South and Western Africa and looks forward to other African countries to be its Member States.
IFPI promotes the interests of the international recording industry worldwide. Its membership comprises some 1,300 major and independent companies in 58 countries. It also has affiliated industry national groups in 57 countries. IFPI’s mission is to promote the value of recorded music, campaign for the rights of record producers and expand the commercial uses of recorded music in all markets where its members operate.
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CALL FOR EXPRESSION OF INTEREST
Consultancy to undertake a Comparative Study of Industrial Property Laws in ARIPO Member States
The African Regional Intellectual Property Organization (ARIPO) is an Intergovernmental Organization. It was established by the Lusaka Agreement which was adopted by the Diplomatic Conference held in Lusaka on December 9, 1976. Presently, the Organization has nineteen member States, namely: Botswana, The Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, Sao Tome and Principe, Sierra Leone, Somalia, Sudan, Swaziland, Uganda, United Republic of Tanzania, Zambia and Zimbabwe.
The Organization was established to promote, harmonize and develop intellectual property laws and policies and to ensure that it contributes to the social, economic and technological development of its Member States and Africa as a whole.
In its quest to achieve the objective of harmonizing the laws of its Member States, ARIPO therefore seeks to engage the services of a Consultant (this can be a company or individual) to undertake a comparative study of Industrial Property Laws of Member States and make recommendations for harmonization.
The Consultant should have at least a Bachelor Degree in Law, with at least five years’ experience in research, analytical and drafting skills and have undertaken similar studies in Intellectual Property laws and legal frameworks. A Postgraduate degree in Intellectual Property is an added advantage.
Deadline: Submissions of proposals must be received on or before Wednesday May 31, 2017 at 1600 hours. No late submissions will be accepted.
Submission of proposals should be addressed to:
African Regional Intellectual Property Organization (ARIPO)
11 Natal Road, Belgravia
P O Box 4228
NOTICE TO ALL APPLICANTS
Reference is made to the Resolutions of the ARIPO Administrative Council at its 40th Session that was held in Harare, Zimbabwe from 5 to 7 December, 2016. The Administrative Council adopted among others the amendments to the Harare Protocol on Patents and Industrial Designs as well as its implementing Regulations. The said amendments came into force on 1 January 2017.
In view of that, the ARIPO Office wishes to draw your attention to the following amendments:
(1) Section 3 (3): “The Office shall, on request, undertake, or arrange for, the substantive examination of the patent application”.
Rule 18 (1)(a): “For the purposes of the request under Section 3(3) of the Protocol, the applicant may request examination of the patent application up to three years from the date of filing.The request shall be deemed to have been filed when the examination fee has been lodged. Provided that where no request is made, within the prescribed period, the application shall lapse”.
As a result of this amendment, in order for the applications filed on/or after 1 January 2017 to be examined as to substance, all applicants are required to request for substantive examination pursuant to Section 3(3) of the Harare Protocol and Rule 18(1)(a) of the Implementing Regulations by submitting Form 13a.
(2) Section 5bis: “An applicant for or proprietor of an ARIPO patent who, in spite of all due care required by the circumstances having been taken, was unable to observe a time limit, shall have his rights re-established upon request if the non-observance of this time limit has the direct consequence of causing the refusal of the ARIPO application or of a request, or the deeming of the application to have been withdrawn, or the loss of any other right or means of redress”.
Therefore, applicant(s) may request in writing for re-establishment of rights for application(s) that would have missed deadlines in accordance with Section 5bis of the Harare Protocol and upon payment of the prescribed fee as per Rule 24 of the Implementing Regulations.
(3) Section 5ter: “At the request of the proprietor, the ARIPO patent or utility model may be limited by an amendment. The request shall be filed with the ARIPO Office in accordance with the Implementing Regulations. It shall not be deemed to have been filed until the limitation fee has been paid.”
Resultantly, applicant(s) may request in writing for limitation of rights for their granted patent(s) for all the designated states in accordance with Section 5ter of the Harare Protocol and Rule 21bis of the Implementing Regulations.
Fernando dos Santos
Masters Degree in Intellectual Property (MIP)
Jointly offered by:
The World Intellectual Property Organization (WIPO);
The African Regional Intellectual Property Organization (ARIPO);
and Africa University (AU)
Applications are invited from suitably qualified candidates for admission into the Masters in Intellectual Property (MIP) Program. The Degree is jointly offered by the World Intellectual Property Organization (WIPO) Academy, the African Regional Intellectual Property Organization (ARIPO) and Africa University (AU), with financial support from the Government of Japan.
The duration is twelve months, from May 1, 2017 to April 30, 2018, structured in three parts, as follows:
• First Part (May 1 to July 21, 2017): WIPO Academy Distance Learning Courses, undertaken via the Internet;
• Second Part (August 1 to December 8, 2017): Residential phase requiring physical attendance at lectures undertaken at Africa University in Mutare (Zimbabwe) and practical training sessions at ARIPO in Harare.
• Third Part (December 11, 2017 to April 30, 2018): Dissertation Phase requiring research and writing on an approved topic.
The Program adopts a comparative approach, with particular emphasis on Africa. Lectures are given by leading academics, intellectual property practitioners, intellectual property officers and other experts drawn from across Africa.
The provisional curriculum of the Program is available on the following website: Africa University (http://iplg.africau.edu/images/MIPCurriculumFinal.pdf), the WIPO Academy (www.wipo.int/academy) and ARIPO (www.aripo.org).
The MIP Programme is open to government officials, industry practitioners, senior students and young professionals from academic, research and development or other relevant background who wish to upgrade their knowledge and skills in Intellectual Property law and practice. To be eligible, candidates are required to hold a minimum of a Bachelor’s degree (second lower class) from a recognized university in any discipline and have a minimum of two years work experience. Proof of English proficiency is required, therefore, students coming from countries where the official language is not English will need to submit evidence of proficiency in an appropriate internationally approved English examination e.g IELTS, TOEFL.
Upon satisfactory completion of the program, participants will be awarded a Masters Degree in Intellectual Property (MIP) by Africa University on behalf of WIPO and ARIPO.
FEES AND COSTS
For tuition, registration and accommodation fees please follow link (subject to annual review). Cost of meals and upkeep is estimated at US$350.00 per month per person.
With a view to contributing to the development of human resources in the field of Intellectual Property in Africa, WIPO, ARIPO and the Government of Japan will provide approximately 30 scholarships to qualified candidates from Africa. The scholarship shall cover the cost of a return air ticket, board and lodge at Africa University and ARIPO, tuition fees, registration fees and medical insurance.
To apply for scholarships online follow the following link https://welc.wipo.int/acc/index.jsf?page=aipCatalog.xhtml&lang=en&cc=MIP_AFRICA#plus_MIP_AFRICA
Interested candidates fulfilling the above mentioned requirements are invited to send their written applications to the following address:
Assistant Registrar-Academic Affairs
Fairview Road, Off Nyanga Road
P.O. Box 1320
Application forms shall be accompanied by detailed curriculum vitae, CERTIFIED copies of university degree certificates/diplomas and transcripts and at least two letters of reference. These documents are to be received by Africa University no later than March 5, 2017. Applicants wishing to be considered for the various scholarships should specifically indicate so in their application, and endure that they apply online at the WIPO website.
Detailed information concerning the MIP Program is provided on the websites of Africa University (http://iplg.africau.edu/index.php/masters-in-interllectual-property), the WIPO Academy (www.wipo.int/academy) and ARIPO (www.aripo.org).