WIPO/GRTKF/IC/16/INF/8
ANNEX
REPORT TO THE INTER-GOVERNMENTAL COMMITTEE ON INTELLECTUAL
PROPERTY AND GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND
FOLKLORE FROM THE ZAMBIAN PATENT OFFICE
REGIONAL, NATIONAL AND COMMUNITY POLICIES, MEASURES AND
STRATEGIES AND EXPERIENCES REGARDING INTELLECTUAL
PROPERTY AND GENETIC RESOURCES.
1.
Introduction
In Zambia, issues of IPR are vested in two Ministries namely the Ministry of
Commerce, Trade and Industry (MCTI) and the Ministry of Information and Broadcasting.
The Patents and Companies Registration Office (PACRO), which is an executive Agency of
the MCTI, administers the Industrial Property aspect of Intellectual Property rights, while the
Ministry of Information and Broadcasting Services deals with Copyrights and Neighbouring
Rights. The mandate of IP protection under PACRO extends to Trademarks, Patents, and
Industrial Designs. Protection for genetic resources and traditional knowledge is not covered
under our legislation although the TRIPs Agreement requires that protection for these
resources be provided. Other aspects of protection of IP rights such as the protection of
genetic resources are administered by the Ministry of Agriculture and Cooperatives through
various Acts..
2.
National Ip Legislation
The government of the Republic of Zambia has mandated PACRO to administer IP
issues through three Acts. These are the Trademarks, Patents and Registered Industrial
Designs. However these Acts do not specifically provide for the protection of traditional
knowledge, expressions of folklore and genetic resources. The TRIPs Agreement makes
provisions to protect these resources either as patents or under a sui generis system. Zambia
has until 2013 to make its laws in IP compliant with the TRIPs Agreement.
(a)
Trademarks, Patents and Industrial designs
All these Acts have no provision for the protection of TK, GR and Folklore.
(b)
Legislation in IP on Legislation on the protection of genetic resources
The government of the Republic of Zambia has taken measures to protect new plant
varieties and genetic resources through a number of Acts which are administered by the
ministry of Agriculture and Cooperatives. These are:
(i) Plant Breeder’s Act 2007: This Act provides for the protection of plant
breeder’s rights and the registration of plant varieties. The Act is administered by the Seed
Certification and Control Institute (SCCI) under the Ministry of Agriculture and
Cooperatives. However, this Act also does not make specific reference to intellectual property
and how it relates to plant breeders rights.