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: − To protect traditional knowledge holders against any infringement of their rights as recognized by the instrument: and

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