Dataset for AJIC Issue 22 (2018) article entitled "Evolution of Africa’s Intellectual Property Treaty Ratification Landscape"

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dc.contributor.author De Beer, Jeremy
dc.contributor.author Baarbé, Jeremiah
dc.contributor.author Ncube,Caroline
dc.contributor.other Open African Innovation Research (Open AIR) network
dc.coverage.spatial Algeria Angola Benin Botswana Burkina Faso Burundi Cameroon Cabo Verde Comoros Central African Republic Chad Congo Democratic Republic of the Congo Djibouti Egypt Equatorial Guinea Eritrea Ethiopia Gabon Gambia Ghana Guinea-Bissau Guinea Côte d'Ivoire Kenya Lesotho Liberia Libya Madagascar Malawi Mali Mauritania Mauritius Morocco Mozambique Namibia Niger Nigeria Rwanda Sao Tome and Principe Senegal Seychelles Sierra Leone Somalia South Africa South Sudan Sudan Swaziland United Republic of Tanzania Togo Tunisia Uganda Zambia Zimbabwe
dc.coverage.spatial All African countries included , island and continental in UN Convention on World Intellectual Property Organization WIPO database
dc.coverage.temporal 1884 -2015
dc.date.accessioned 2018-12-04T14:19:18Z
dc.date.accessioned 2018-12-06T12:47:33Z
dc.date.available 2018-12-04T14:19:18Z
dc.date.available 2018-12-06T12:47:33Z
dc.date.issued 2018-12-07
dc.identifier.uri https://hdl.handle.net/10539/26192
dc.identifier.uri https://doi.org/10.23962/10539/2619
dc.description.abstract This open access dataset is described and analysed in the following article: De Beer, J., Baarbé, J., & Ncube, C. (2018). Evolution of Africa’s intellectual property treaty ratification landscape. The African Journal of Information and Communication (AJIC), 22, 53-82. https://doi.org/10.23962/10539/26173 . The data is a subset of the Open AIR network’s research project data holding via a working paper entitled The Intellectual Property Treaty Landscape in Africa, 1885 to 2015 by Jeremy de Beer, Jeremiah Baarbé, Caroline Ncube, working paper 4, published online 5 May 2017, http://www.openair.org.za/publications/the-intellectual-property-treaty-landscape-in-africa-1885-to-2015/ . Open Air is a network of African researchers in the University of Ottawa in Canada, the University of Cape Town in South Africa, Strathmore University in Kenya, the Nigerian Institute for Advanced Legal Studies, and the American University in Cairo, Egypt. Its purpose is to answer two major research questions in order to ensure that African knowledge and innovation is not lost in the knowledge economy. The major research questions are: 1 How can open collaborative innovation help businesses scale up and seize the new opportunities of a global knowledge economy? And 2. Which knowledge governance policies will best ensure that the social and economic benefits of innovation are shared inclusively? (Openair Network , 10 Dec 11:12 am http://www.openair.org.za/about-us/ ) Under this overarching framework: the specific research question is whether it is correct that local Intellectual policy making was “constrained to some extent by the powerful global IP governance schemata.”( De Beer, J., Baarbé, J., & Ncube, C. 2018) To answer this question a historical systematic review of IP treaties along with the extents and dates of ratification via electronic scraping. Specifically, researchers wished to explore whether the tension that they saw between countries who’s “International commitments harmonized in intellectual property treaties exist in tension with local needs for flexibility”. (De Beer et al., 2018) could be supported quantitatively. This project created simple quantitative data out of qualitative lists of policies along with the presence or absence of ratification by African countries. The source of the data is the UN Convention on World Intellectual Property Organization( WIPO) database which has tables listing parties to the treaty, as well as the date of signature, filling of legal instrument used to ratify the treaty and entry into force. These terms are defined in the Glossary attached. Data collected by hand is from the Nagoya Protocol, the International Treaty on Plant Genetic Resources, and International Convention for the Protection of New Varieties of Plants (UPOV). UPOV data is defined in the explanatory note attached. The data contains Six major variables: Country name, Treaty name, Date of Treaty, ratification by country, IP Regime defined in legal terms i.e. copyright, Colonising state. The minor variables is the Official Language. The main independent variable was 36 treaties of which two were excluded as not yet being in force at the time of data collection. The major dependent variable was the date of ratification by country present in WIPO database. Total data was 485 ratifications by the 34 countries thus creating 16 490 geographical- time data points. en_ZA
dc.description.sponsorship Open African Innovation Research (Open AIR) network, en_ZA
dc.description.sponsorship Social Sciences and Humanities Research Council (SSHRC) of Canada,
dc.description.sponsorship International Development Research Centre (IDRC),
dc.description.sponsorship UK Department for International Development (DFID)
dc.description.sponsorship National Research Foundation (NRF) of South Africa
dc.description.uri https://www.wits.ac.za/linkcentre/ajic/ajic-issue-22-2018/
dc.description.uri http://www.openair.org.za/publications/the-intellectual-property-treaty-landscape-in-africa-1885-to-2015/
dc.description.uri https://doi.org/10.23962/10539/2619
dc.language.iso en en_ZA
dc.publisher LINK Centre, University of the Witwatersrand (Wits), Johannesburg en_ZA
dc.source.uri https://wipolex.wipo.int/en/main/legislation
dc.subject international law, intellectual property (IP), UN Convention on World Intellectual Property Organization(WIPO), World Trade Organisation WTO, trade, mapping , historical , review, policy, treaty, Paris Convention for the Protection of Industrial Property , Berne Convention for the Protection for Literary and Artistic Works, Copyright, Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (1995), ratification en_ZA
dc.title Dataset for AJIC Issue 22 (2018) article entitled "Evolution of Africa’s Intellectual Property Treaty Ratification Landscape"
dc.title.alternative Status of IP Treaties in Africa
dc.type Dataset en_ZA
ddi.analysisunit African countries: Reduced the number of states because WIPO reports which of its Member States have acceded to, or ratified, the treaties that it administers, only those states listed by WIPO or other administering organizations were included in the study.
ddi.analysisunit Beijing Treaty on Audiovisual Performances (2012) Berne Convention for the Protection for Literary and Artistic Works (1886) Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (1974) Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (1977) International Treaty on Plant Genetic Resources for Food and Agriculture (2001) Hague Agreement Concerning the International Registration of Industrial Designs (1925) Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (1958) Locarno Agreement Establishing an International Classification for Industrial Designs (1968) Madrid Agreement for the Repression of False or Deceptive Indications of Sources of Goods (1891) Madrid Agreement Concerning International Registration of Marks (1891) Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (1989) Marrakesh Visually Impaired Persons Treaty (2013) Nagoya Protocol on Access and Benefit Sharing (2010) Nairobi Treaty on the Protection of the Olympic Symbol (1981) Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (1957) Paris Convention for the Protection of Industrial Property (1883) Patent Cooperation Treaty (PCT) (1970) Convention for the Protection of Producers of Phonograms against Unauthorised Duplication of Their Phonograms (1971) Patent Law Treaty (2000) Rome Convention for the Protection of Performers, Producers of Phonographs, and Broadcasting Organisations (1961) Singapore Treaty on the Law of Trademarks (2000) Strasbourg Agreement Concerning the International Patent Classification (1971) Trademark Law Treaty (1994) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (1995) Universal Copyright Convention (UCC) (1952) Universal Copyright Convention (UCC) (1971) International Convention for the Protection of New Varieties of Plants (UPOV Convention) (1961) International Convention for the Protection of New Varieties of Plants (UPOV Convention) (1978) International Convention for the Protection of New Varieties of Plants (UPOV Convention) (1991) Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks (1973) Washington Treaty on Intellectual Property in Respect of Integrated Circuits (1989) WIPO Copyright Treaty (WCT) (1996) UN Convention on WIPO (1967) WIPO Performances and Phonograms Treaty (WPPT) (1996)
ddi.cleanops Researchers cleaned and processed the data into machine-readable formats. Then identifying and isolating the entries for African countries.
ddi.cleanops Ncube, C
ddi.collmode Treaties administered by WIPO, Nagoya Protocol, the International Treaty on Plant Genetic Resources, The researchers scraped the raw data for each treaty and their accompanying acts into an Excel database. Data from each treaty and act were deposited in a separate sheet in the database. UPOV treaties (1961, 1978, 1991), researchers constructed the data manually from the list of convention notifications.
ddi.datacollector Open Air African innovation research
ddi.datacollector Cameron, Heather; Blom, Meghan: Cumbaa,Emily: Venkatesh,Jyotsna Cowan,Seamus
ddi.method interactive web map application (Baarbé, 2016; baarbeh, n.d.).Superimposes a vector circle over each African country, representing the number of treaties ratified by that country. The larger the circle, the greater number of treaties the country has ratified. A slider changes the display in five-year increments ranging from 1885 to 2015, allowing users to view the history of IP treaty ratification across a 130-year period. We used JavaScript, the Leaflet.js data-mapping library, and Mapbox to develop the web application (Leaflet, n.d.; Mapbox.com, n.d.). We sourced latitudinal and longitudinal data from Google’s Open Dataset Canonical Concepts repository (Google Developers, n.d.). The application is based on Donohue, Sack and Roth’s time-series mapping tutorial (Donohue, Sack & Roth, 2013).
ddi.method Secondary: Compilation of existing data sources
ddi.sources JavaScript, the Leaflet.js data-mapping library Mapbox Google’s Open Dataset Canonical Concepts repository
ddi.sources Quantitative Relational database Geospatial data Qualitative Thematic text collection, historical, systematic review
ddi.universe Search included • the instrument is multilateral; • the list of parties to the instrument includes at least one African country; and • the instrument binds signatories to take measures in respect of: o copyrights; o patents; o trademarks; o trade secrets; o traditional knowledge; o bio-diversity; and/or o genetic resources.
ddi.timeprd 1884 -2015 en
dc.description.librarian nina lewin en_ZA
dc.funder https://doi.org/10.13039/501100001321
dc.funder http://dx.doi.org/10.13039/501100000155
dc.funder http://dx.doi.org/10.13039/501100002992
dcterms.rightsHolder terms are defined by the GLOSSARY https://wipolex.wipo.int/en/info/glossary Disclaimer and Copyright Notice WIPO maintains WIPO Lex to facilitate public access to information concerning IP laws, regulations and treaties. Every effort is made to provide authoritative and up-to-date legal texts. Any errors brought to our attention will be promptly dealt with (please see contact page ). However, it should be noted that we cannot guarantee that a text in the database is an exact reproduction of the officially adopted text, especially in view of formatting features which have been added to facilitate viewing and use of the text as well as maximize its accessibility to a wide audience. This database is general in character and is not meant to address specific issues or problems of any particular individual or entity. No legal advice or recommendation is implied in its content nor should any be inferred therefrom. This specific disclaimer should be read in conjunction with the Terms of Use for the entire WIPO website. Official Legal Texts in the National Language The official legal texts of WIPO Lex have multiple sources and could come from any of the following: Notifications from WIPO Members under Article 15(2) of the Paris Convention and Article 24(2) of the Berne Convention, which provide that member States must communicate to the International Bureau of WIPO all new laws and official texts concerning the protection of industrial property and copyright and that the latter must assemble and publish this information. Notifications from WTO Members under Article 63.2 of the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) which obliges WTO Members to notify their IP legislation to the TRIPS Council. Direct submissions from national IP offices of texts of IP laws and regulations. The websites of national IP offices, governments and organizations. Credible legal databases and third parties from which permission to reproduce the texts in WIPO Lex has been secured in those cases where prior permission is required. Reproduction of the official legal texts is permitted, provided the source is acknowledged. For the legal texts provided by sources specified under (v), permission must be sought directly from the copyright holders. Translated Texts Users should be aware that only the official texts in the national languages have legal force and that the translations are strictly for reference only. Translated texts in WIPO Lex are either (i) retrieved from the public domain; (ii) translated by WIPO; (iii) notified by the Member States to WTO and WIPO; (iv) provided by governmental agencies or organizations with permission to reproduce the texts, provided the source is acknowledged; and (v) reproduced with permission from third parties. The general principle of reproduction can be subject to conditions which may be specified in individual copyright notices published for each legal text in the country profiles. Users can reproduce the translated texts specified in (i), (ii), (iii) and (iv) for academic, research and non-commercial purposes only. For translated texts specified in (v), users are advised to refer to the copyright notices of the third party websites. For any matters concerning copyright permission, please contact us at wipolex@wipo.int.
dc.rights.holder Faculty of Law, University of Ottawa Intellectual Property Unit, University of Cape Town Department of Commercial Law, University of Cape Town\


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