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Southern Africa: Judges Discuss Intellectual Property
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The Namibian (Windhoek)
15 April 2008
Posted to the web 15 April 2008
Adam Hartman
Windhoek
Twenty-Two judges from several southern African countries gathered at Swakopmund this week to discuss the importance of intellectual property legislation in local economic development.
It is the first meeting to be held in Namibia between the World Intellectual Property Organisation (WIPO) and the local judiciary. The three-day meeting, which started on Sunday, is attended by judges from Namibia, South Africa, Malawi, Zambia and Zimbabwe. Namibia's Chief Justice Peter Shivute said the meeting was aimed at sensitising Supreme and High Court judges about the crucial role intellectual property rights played in development, as well as to expose them to the various aspects of the legislation.
Although intellectual property rights - such as trademark disputes - are not often dealt with in local courts, Shivute said the need to understand the legislation was becoming greater in order to make accurate judgements, which would be a valuable conductor in the role intellectual property rights play in the economic development of a country. Shivute quoted the Director General of WIPO, Dr Kamil Idris, as saying that "the premise underlying intellectual property throughout its history has been that the recognition and rewards associated with ownership of inventions and creative works stimulate further inventive and creative activity that, in turn, stimulates economic growth in the form of improved products and new technologies".
According to the Chief Justice, the meeting was also a means of "continual judicial education" to acquaint the local judiciary with contemporary trends. "A well-informed judiciary will, in turn, be sensitive to its role and be able to exercise its mandate with greater measure of competence and diligence," Shivute said. The Dean of the WIPO, Dr Mpazi Sinjela, stated that intellectual property legislation had become a prominent legislative field which involves important organisations on an international level. "Now every aspect of our lives is engaged with intellectual property. That is why it's not just a subject matter anymore.
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It now goes beyond the legal aspect: it now affects the social, cultural and technological sectors too," he said. Some of the themes to be addressed at the meeting include the role of intellectual property in national development, the concept of international standards for the protection of industrial property, copyright and related rights, the roles of the judiciary and the private sector in the enforcement of intellectual property rights, and the importance of adopting a national intellectual property policy.
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