Essay: Utilisation of intellectual property by R & D institutions in Zimbabwe

ACRONYMS AND ABBREVIATIONS
ARIPO African Regional Intellectual Property Organization
HIT Harare Institute of Technology
IP Intellectual Property
MOU Memorandum of Understanding
NIPP National Intellectual Property Policy
R&D Research and Development
SIRDC Scientific Industrial Research and Development Centre
SMEs Small and Medium Enterprises
STI Science, Technology and Innovation
WIPO World Intellectual Property Organization
WTO World Trade Organization
Chapter 1 INTRODUCTION
Zimbabwe is a land locked country found in the Southern Africa with an area of 391 000 square kilometres and a population of about 13 million. The country has various research and development centres, namely the Scientific Industrial Research and Development Centre and the Harare Institute of Technology, are not being fully operationalized due to ‘brain drain’, company closures, decline of international capital inflows and the liquidity crunch. These challenges have resulted in a number of institutions being unable to sustain or share the various technologies and innovations that lie in their databases. Central to this study is the question on Utilization of intellectual property by research and development institutions in Zimbabwe.
This study is going to focus mainly on two research and development institutions namely the Scientific Industrial Research and Development Centre (SIRDC) and the Harare Institute of Technology (HIT). This study will also focus on the following aspects of intellectual property rights namely patents, industrial designs, utility models and trade secrets.
1.1 Background to the Study
The Agreement on Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPs Agreement) (1994) Article 7 was negotiates to foster technological innovation, technological dissemination and technology transfer for the economic growth and development of a nation. In Zimbabwe, the research and development institutions have the following mandates namely: the Scientific Industrial Research and Development Centre (SIRDC) is a research and development centre established under the Act of 1986 by the Government of Zimbabwe in February 1993. The centre’s mandated is to ‘carry out strategic research and development for the benefit of the manufacturing, service, agricultural and mining sectors of Zimbabwe as well as to commercialise R&D outputs’. The Harare Institute of Technology (HIT) ‘conducts research design, design manufacture, develop, incubate, transfer and commercialize technology for all sectors of the economy’. The National University of Science and Technology (NUST) mandate is the ‘advancement of knowledge with special bias towards the diffusion and extension of science and technology through teaching, research and learning, thus effectively promoting Science, Technology, Engineering and Mathematics (STEM) education’.
These institutions are not fully utilizing intellectual property rights benefits to enable sustainable economic growth and development of the country; income generation through consultancy; commercialization of research findings; fees or royalties earned from licensing patents and inventions/innovations; sponsored research, consultancy and research contracts; and spin off companies owned by institutions through collaborations or joint ventures.
Research and development institutions in developing countries need to learn from institutions in developed as well as developing countries in Europe such the USA, and UK; those in Asia such as Republic of Korea and in Africa such as Kenya, Nigeria and South Africa. These institutions managed be partnerships with government, various industries to effectively develop and generate income to support education and research; raise awareness of intellectual property rights, put in place science, technology and innovation policies; industrial parks, and science parks (WIPO, 2000).
Zimbabwe’s research and development institution are fully utilizing intellectual property rights in their institutions.
1.2 Statement of the Problem
The challenge is the intellectual property rights are the cornerstone for the economic and technological development of any country and are not being fully utilized by research and development institutions. Zimbabwe is not fully utilizing and exploiting intellectual property rights at their disposal for technological and economic development.
1.3 Aim of the study
The main aim of the study is to examine the extent of intellectual property utilization by research and development institutions in Zimbabwe and explore how intellectual property can promote development of technology and innovation for the sustainability of these institutions.
1.4 Research Questions
i). Assess the awareness of intellectual property by research and development institutions in Zimbabwe.
ii). Examine how research and development institutions are utilizing intellectual property in their operations.
iii). Assess the challenges and opportunities for intellectual property utilization by research and development institutions.
iv). Establish mechanisms through which research and development institutions can fully benefit from the intellectual property utilization.
1.5 Research Objectives
i). Are research and development institutions aware of the intellectual property rights mechanisms?
ii). How are research and development institutions utilizing intellectual property rights?
iii). What are the challenges and opportunities for utilizing intellectual property by research and development institutions?
iv). In what way can research and development institutions fully benefit from intellectual property utilization?
1.6 Assumptions/ Hypotheses
The inability of the research and development institutions to utilize intellectual property effectively; and lack of institutional policies to enable the exploitation of existing intellectual property databases to resuscitate the de-industrialization of the Zimbabwean manufacturing industry. These challenges can be overcome if the National Intellectual Property Policy and the Science Technology and Innovation Policy are revised, utilised and implemented too.
1.7 Significance of the Study
i). Enable research and development institutions to become aware of their intellectual property rights for the sustainable development of institutions and not rely on government grants.
ii). Institutions to register their intellectual property rights for their sustainability.
iii). Encourage institutions to form technology transfer centre; provide consultancy service on patents, industrial designs, utility models and trademarks; solid structures for business incubators, industrial parks to enable technology transfer and commercialization of innovations; licensing, joint ventures, and collaborations with industries locally and internationally.
1.8 Delimitation of the Study
The scope of this study is limited to the implementation of the research and development policies; science technology and innovation policies (STI); science engineering, technology and mathematics; technology transfer; current intellectual property frameworks and industrial development in Zimbabwe. This study is limited to Zimbabwe where the three research and development institutions are locate.
1.9 Limitation of the Study
The researcher is aware of the following limitations:
i). Zimbabwe has no National Intellectual Property Policy.
ii). The Science Technology Innovation Policy has no intellectual property and SMEs aspects that are crucial for a developing country like Zimbabwe .
iii). The restrictions to access participants, organizations/ information.
iv). Lack of willingness of participants to be interviewed
v). trade secrets are used by some research and development institutions protect their products.
Definition of key terms
Whereas most of the terms used in this document shall assume their ordinary meanings in daily usage, the following few terms have sufficient significance attached in this document to their accepted meanings to warrant each being understood to refer to the context indicated alongside the term:
Industrial design: is applicable to industrial products and handicraft. It is the ornamental or aesthetic aspect of a useful article including the composition of lines, colours, any three-dimensional form with special appearance to the product. The term of protection of industrial design is 15 years in most countries.
Intellectual property: refers to the practices, laws, procedures and institutions responsible for administering enforcing, protecting and using intellectual assets for cultural, economic and social progress.
Intellectual property rights: are private rights granted by the State to an inventor to stop other from commercially exploiting the invention for a limited period, whereby the inventor in return discloses the invention so that others skilled in the art may benefit from the invention.
Innovation: the application of new ideas to the product, process and other aspects of the enterprise to improve its value.
Patent: are exclusive rights granted by the law to applicants for inventions that are new, non-obvious and industrial and commercially applicable. The limited time period is generally 20 years, during which the patent holder can commercially exploit the invention on an exclusive basis. In return the applicant is obliged to disclose his invention to the public to enable other skilled in the art to replicate the invention.
Technology transfer and commercialization: are initiatives by which research and development institutions and the market place can meet and share ideas on products and new businesses. Inventions are of no use they are not being marketed and commercialized.
Trademark: provides protection of the mark by ensuring exclusive right to use it in order to identify the goods and services of an enterprise and to authorize another enterprise to use it in return for a payment thereby facilitating international trade.
Trade secret: provides for the protection of confidential business data of commercial value to its owner such as program, method, formula, process or pattern that is kept away from employees, competitors and customers.
Utility Model: can also be described as petty patents or innovation patents or short term patents. It promotes the intellectual property system in research and development institutions in the development of small and medium enterprises in Zimbabwe.
Chapter 2 REVIEW OF RELATED LITERATURE
2.1 Introduction
This chapter seeks to highlight the scholarly related arguments for and against the utilization of intellectual property by research and development institutions. The study shall explore implementation of the research and development policies; science technology and innovation policies (STI); science engineering, technology and mathematics; technology transfer; current intellectual property frameworks and industrial development in Zimbabwe.
2.2 Theoretical Framework
The Bayh-Dole-Act of 1980 gave rise to the development and commercialization theory. Universities and research institutions in the Unites States of America now benefit from their inventions through the state funds. Technology transfer between R&D and various industries is growing
The economic theory focuses on intellectual property for economic development postulates that technology and innovation results in rapid growth of a country. Inventors exclude other from infringing into their ideas and secure economic returns for the inventions for exploiting by awarding the inventor rights to disclose his invention and sharing with other (Schumpeter, 2011).
2.3 Relevance of the Theoretical Frame to the Study
Schumpeter (2011) states that, there is a cost benefit analysis on the increase of inventions granted and the value of the inventions will also increase. Implementation and ensuring compliance with intellectual property regulations and laws relating to inventions and their commercialization.
2.4 Conceptual Framework
Utilization of intellectual property by research and development institutions in Zimbabwe.
2.4.1 Legal Frameworks
The Zimbabwe Intellectual Property (ZIPO) under the guidance of the Ministry of Justice and Legal Affairs, is responsible for the protection of intellectual property in Zimbabwe is through the Acts of Parliament namely the
i). Patents Act Chapter 26:03;
ii). Trademarks Act Chapter 26:04;
iii). Industrial Design Act Chapter 26:02;
iv). Copyright and Neighbouring Act Chapter 26:08;
v). Geographical Indications Act Chapter 26:06 and
vi). Integrated Circuit Layout Design Act Chapter 26:07.
2.4.2 Intellectual Property Rights
Whereas most of the terms used in this document shall assume their ordinary meanings in daily usage, the following few terms have sufficient significance attached in this document to their accepted meanings to warrant each being understood to refer to the context indicated alongside the term:
Industrial design: is applicable to industrial products and handicraft. It is the ornamental or aesthetic aspect of a useful article including the composition of lines, colours, any three-dimensional form with special appearance to the product. The term of protection of industrial design is 15 years in most countries. SMEs, craftsmen and artists utilize industrial designs by contributing to the exports market; extension of economic activities. Industrial designs protection improves the growth and economic development of a country, promotes creativity in industry and manufacturing sectors.
Intellectual property: refers to the practices, laws, procedures and institutions responsible for administering enforcing, protecting and using intellectual assets for cultural, economic and social progress.
Intellectual property rights: are private rights granted by the State to an inventor to stop other from commercially exploiting the invention for a limited period, whereby the inventor in return discloses the invention so that others skilled in the art may benefit from the invention.
Innovation: the application of new ideas to the product, process and other aspects of the enterprise to improve its value.
Patent: are exclusive rights granted by the law to applicants for inventions that are new, non-obvious and industrial and commercially applicable. The limited time period is generally 20 years, during which the patent holder can commercially exploit the invention on an exclusive basis. In return the applicant is obliged to disclose his invention to the public to enable other skilled in the art to replicate the invention. The patent system is designed to promote to innovation awarding inventors with time limited exclusive rights to enable researchers to utilize an economic benefit their innovative and creative activities.
Technology transfer and commercialization: are initiatives by which research and development institutions and the market place can meet and share ideas on products and new businesses. Inventions are of no use they are not being marketed and commercialized. Research and development institutions should improve their financial status through consultancy, licensing, joint venture, collaborations, creation of science parks, business incubators, university companies/spin off companies, technology transfer and commercialization of intellectual property rights to improve institutional income and self-sustainability.
Trademark: provides protection of the mark by ensuring exclusive right to use it in order to identify the goods and services of an enterprise and to authorize another enterprise to use it in return for a payment thereby facilitating international trade. Research and development institutions should trademarks created from spin off company or enterprises.
Trade secret: provides for the protection of confidential business data of commercial value to its owner such as program, method, formula, process or pattern that is kept away from employees, competitors and customers. Research and development institution may preserve confidential information through signing of secrecy agreements or confidentiality agreements with individuals, industry, and investors.
Utility Model: can also be described as petty patents or innovation patents or short term patents. It promotes the intellectual property system in research and development institutions in the development of small and medium enterprises in Zimbabwe.
2.6 Role of Research and Development in Economic Development
The role of research and development is very crucial for economic and sustainable development of any country. The study shall focus on the developing countries in Europe such the USA, UK, and Germany; those in Asia such as Republic of Korea and in Africa such as Kenya, Nigeria and South Africa. A country’s competitiveness is viewed on how it sets out its science, technology and innovation policies in place for the benefit of economy. New knowledge that is created through innovation by research and development institutions is disseminated to manufacturing industries for the benefit of the country as a whole. Zimbabwe needs to invest more than 1% in research and development in order to promote research based creativity amongst the various institutions; attract new technological developments; create and increase competitiveness internationally; increase patent grants from research and development institutions; implement a science, technology and innovation policy to benefit research and development and also promote SMEs in all sectors of the economy.
2.7 Promotion of Intellectual Property Rights in Economic Development
Research and development institutions publish research papers every year and are mostly filed away. There is need for the research and development institution to utilise various intellectual property databases such as the patents databases in order to utilize the available information to their skills and improve the industrial and technological advancement of a country.
The United Kingdom during the 2015 survey was noted as one of the developed countries that treasures intellectual property and research and development due to the Research and Innovations Support Advanced Manufacturing; establishment of Centres for Innovative Manufacturing and the establishments of more Technology and Innovation Centres in the United Kingdom.
In the Republic of Korea has one of the highest research and development expenditure. In 2012 South Korea invested in research and development and spent 4.4% of GDP The state has a powerful human resource profile that has been able to transform the country through science and technology development, research and development and industrialization.
The University of Nairobi in Kenya has made the country shine with its investment in research and development. The country has a sound Science, Technology and Innovation Policy and National Intellectual Property Policy. The University formed a spin off company which was formed in 2000. The company is doing more than running a technology transfer centre; offers IP consultancy, contract research; markets and offers short professional courses; manages student’s Alumni; is involved in students selections for admissions.
South Africa under the Council of Scientific and Industrial Research (CSIR) has the highest patents granted. CSIR is a research and development centre whose mandate is conduct research and development , technology transfer in order to promote agriculture, industry and contribute to a better quality of life, and facilitate natural resources conservation.
CHAPTER 3 METHODOLOGY
3.1 Introduction
The main aim of the study is to examine the extent of intellectual property by research and development institutions in Zimbabwe and asses how this promotes development of technology and innovation. This chapter shall describe the research design; definition of the population to be studied; the sampling design to be used; data collection instruments; methods to be used; data analysis; and presentation methods to be applied the research.
3.2 The Research Design
The study sought to use descriptive and explanatory research methods in order to obtain relevant and detailed information. These two methods will effectively assist in exploring and investigating which will lead to a satisfactory answering of the research questions raised.
3.3. Population and Sampling
The researcher shall collect responses from which a generalization shall be made. (Sim and Wright 2000).
3.3.2.1 Sampling Method
There are two types of sampling namely the probability sampling and non-probability sampling. The researcher shall use the probability sampling technique. Bryman (2012) states that, the probability sampling technique requires the study to be conducted with the absolute size and not the relative sample size. The design requires an accurate list of the target population to enable the study to be conducted with accuracy. The stratified sampling in order to obtain precise estimates of the data required also shall employ in order to obtain precise estimates. The stratified sample divides the population into groups or layers in order to separate information obtained from the overall population estimates (Lorh 2010).
3.4 Data Collection Instruments
The researcher shall use primary and secondary data sources for information gathering. Primary data is information obtained directly from conducting structured interviews and questionnaires. Secondary data is basically desk research where the researcher uses available online sources, journals and books.
3.4.1 Questionnaire
A questionnaire has been drawn and will be distributed in order receive responses.
3.4.2 Interviews
Bryman (2010) states that the goal of a research interview is to have a respondent receiving a standardized set of questions asked and answers recorded.
3.5 Data Collection Procedure
The researcher shall adopt the closed ended questions whereby the respondent answers to the list of questions given. A structured questionnaire has been drawn and will be distributed in order receive responses.
3.6 Analysis and Organization of Data
Qualitative data obtained through Questionnaires shall be analysed using SPSS.
3.7 Ethical Consideration
The researcher shall ensure that the information received from the various respondents shall be treated with utmost confidentiality. The researcher shall distribute an introductory letter obtained from the University and submit to all relevant organizations and institutions where the research shall be conducted in order to obtain permission to conduct the research. The researcher shall all make available the Consent forms which shall distributed to all participants. As the researcher conducts the study, she shall acknowledge all sources of information where applicable.
REFERENCES
WIPO (2000). A Brochure on Intellectual Property Rights for Universities and R&D Institutions in African Countries.
Bryman, A. (2012). Social Research Methods 4th Edition.
Lorh, Sharon L. (2010). Sampling: Design and Analysis Brooks/Cole Cengage Learning.
Sim and Wright (2000). Research and Health Care: Concepts, Designs and Methods.
Schumpeter J. (2011). Intellectual property: General Theories. University of California.
Idris K. (2002). Intellectual Property, A Power tool for Economic Growth.
SIRDC www.sirdc.ac.zw
HIT www.hit.ac.zw
NUST www.nust.ac.zw
WIPO www.wipo.org