ATPC DAILY DIGEST 5 AUGUST 2020
Today’s Topics:
Information society faces both new opportunities and challenges
WTO members stress role of IP system in fighting COVID-19
International Trade Mark Rights: First-to-file vs. first-to-use
From trade to TikTok: How US-China decoupling affects everyone
Launch of the Africa Biennial Report on DRR
Refocusing the Africa-EU strategy
COMESA COVID-19 Food Security and Nutrition Plan Adopted
Rwanda, Malta sign agreement to strengthen trade ties
COMESA Sugar Safeguard on Kenya is Paying-Off
Buy cars, textiles, garments produced in Ghana – Akufo-Addo to gov't agencies
INTERNATIONAL
Information society faces both new opportunities and challenges – The pace of technological development and digitalization has been remarkably and exponentially fast. Indeed, when the world came together for the World Summit on the Information Society (WSIS) in 2003 and 2005 to discuss information and communication technology (ICT) development and digital divides, some technologies widely used today were in their infancy or did not even exist. Yet, they are now mainstream. Others have become obsolete and or replaced by later innovations. The scope and scale of the impact of digital technologies on economy, society, culture and governance just accelerated exponentially. On the other hand, digital divides remain a challenge, hampering equitable reaping of benefits from the information society. “Today, digital divides are no longer only about access but increasingly about the growing concentration of benefits from and influence over digitalization,” said UNCTAD’s director of technology and logistics, Shamika N. Sirimanne. “There are also new forms of challenges brought by this rapid technological development such as cybersecurity, privacy rights and data protection.” She was speaking at the World Summit on the Information Society Forum 2020 (WSIS Forum 2020), the world's largest annual gathering of the “ICT for development” community co-organized by the International Telecommunications Union, UNCTAD, UNESCO and the United Nations Development Programme. UNCTAD hosted an online session on what is needed to build the information society of the future in collaboration with all United Nations Regional Commissions on 4 August. (UNCTAD)
Key Words: UNCTAD, Trade Policy, COVID-19
WTO members stress role of IP system in fighting COVID-19 - At the request of South Africa, WTO members engaged in a discussion on the important role the WTO — and the TRIPS Council in particular — play in combatting the COVID-19 pandemic. Developing and least-developed country members highlighted the challenges COVID-19 has presented in terms of access to medicines, vaccines and associated technologies. They called for the TRIPS provisions to be applied with a focus on the rights to protect public health and promote access to medicines for all. These delegations said the TRIPS Council must ensure that vaccines and new medical technologies are made accessible and available regardless of the level of economic development and that intellectual property rights (IPRs) are not a barrier to access. In their view, the COVID-19 crisis allows for the utilization of TRIPS flexibilities contained in the Doha Declaration on TRIPS and Public Health. They said the crisis calls for the removal of complexities in the TRIPS Agreement to improve the Declaration's effectiveness and to ensure benefits for members without domestic pharmaceutical manufacturing capacity.
Developed country members said that during the crisis the IP system had demonstrated its value in boosting scientific and international cooperation against the pandemic, and in promoting and incentivizing medical technologies innovation and research. The TRIPS Agreement, these members said, is the right tool to strike the right balance between innovation and safeguarding public health, including access to affordable medicines for all. The production of high-quality COVID-19 medicines and treatments has been possible based on a system that promotes collaboration and voluntary knowledge-sharing and licensing, while ensuring IPRs are respected, they said. (WTO)
Key Words: WTO, Trade Policy, COVID-19
International Trade Mark Rights: First-to-file vs. first-to-use – Different countries have different rules when it comes to recognition of trade mark rights. In today’s global marketplace, you may plan to sell your products in various countries or even manufacture them overseas. This is why it is important to protect your brand in the countries where your goods or services will be available and to know what your rights are in different countries. A first-to-file trade mark system grants rights to the person who first filed a trade mark application, regardless of their intent to use the mark and even if another party can show prior use of the trade mark. Some countries which follow a first-to-file system include China, Italy, Austria, Portugal, Mexico, Brazil and Sweden. Australia does not follow the first to file rule. Even if you have not yet registered a trade mark, you might have some common law claim over it if you can show your business has been using it in the past, keeping in mind that the ‘use’ must fulfil certain criteria to qualify.
International trade mark strategy - When considering your options for international trade mark protection, there are some defensive measures you might like to take. Counterfeit goods are increasingly sold and distributed online, so you may want to consider registering your trade mark in countries that are well known for their counterfeit markets. In first-to-file countries, businesses can become vulnerable to trade mark squatting. Trade mark squatting is characterised as the intentional filing of a trade mark application by one party for a second party’s registered trade mark, in a country where the second party does not currently hold a trade mark registration. Brand owners who plan to export goods to, or manufacture goods in, any first-to-file countries should file their trade mark application as early as possible to minimise the risk of another party obtaining the rights for that trade mark.(Lexology)
Words: Trade Mark, Trade Policy, Investment
From trade to TikTok: How US-China decoupling affects everyone – Some aspects of the decoupling of the world's top two economies had begun even before Trump took office in 2017. Rising costs in China, increased automation - and growing anger at Beijing's appropriation of intellectual property in exchange for access to its markets - had already been pushing some Western companies to start looking at alternatives to China. But the US-China trade war forced many firms to move quickly. There are now a number of fronts along which the two countries are engaged in direct economic or political conflict. These include punitive tariffs placed by the US on about $370bn worth of Chinese imported goods, and retaliatory levies by China; the US's accusations that Chinese telecommunications equipment maker Huawei Technologies helps Beijing snoop on its enemies; the coronavirus; a row over Beijing's move to impose a security law on Hong Kong; US sanctions on some Chinese individuals linked to alleged human rights abuses against Uighurs and other minority Muslim groups; territorial disputes in the South China Sea; and most recently, the tit-for-tat closures of each other's consulates in Houston and Chengdu.
All these developments have pulled the two superpowers further apart. The tariff war in particular has made a sizeable dent in both economies. The US Federal Reserve estimates the conflict (PDF) has resulted in a net loss of employment among US manufacturers in the first half of 2019, while the Federal Reserve Bank of New York says the trade war wiped $1.7 trillion off the value of US-listed firms over the two years since it began. Meanwhile, the United Nations Conference on Trade and Development says higher US tariffs on Chinese goods resulted in a 25 percent dropin Chinese exports to the US, and tens of billions of dollars of losses for Chinese firms. (Aljazeera)
Key Words: US, China, Trade Talk
PAN AFRICA
Launch of the Africa Biennial Report on DRR/ Virtual Inaugural Ceremony of Africa’s Biennial Report on Disaster Risk Reduction 2015 – 2018. Wednesday 5th August 2020 from 11:00am East African Time (EAT) - The African Union Commission has developed the continent’s inaugural Report on Disaster Risk Reduction. The report covers the period 2015-2018 and provides detailed analysis of disaster risks and disasters during the past four years. The aim is to understand the risks facing Africa, its vulnerabilities to different disasters risks, its capacity to prevent, mitigate, response and efforts made by different Regional Economic Communities and AU Member States to recover from different hazards. Over the past 20 years, Africa becomes the only continent where disasters have increased exponentially. Although the mortality associated with these disasters have reduced, the economic losses and social impacts on African citizens have increased. This is because Africa is highly vulnerable to multi-hazards. Droughts, floods, cyclone, landslides and epidemics have become frequent and intense. Pests and diseases are also on rise. Understanding vulnerabilities, hazards, and disasters and their impacts is key to reducing disaster risks and mitigation of disaster impacts and effective disaster recovery and reconstructions mechanisms. In so doing, the African Union Commission has embarked on: (i) strengthening disaster risk scientists to generate scientific evidence to inform risk reduction measures; and (ii) develop disaster risk reduction reports biennially at continental level. Building on the outcome of the report, the AUC is working with RECs and partners to support development of annual DRR reports at regional and national level.
The Africa Biennial Report on Disaster Risk Reduction aims to generate evidence for decision making. The outcome of which will inform risk reduction programmes at continental, regional and national levels. The report was initially planned to be launched on the margins of the Ordinary Session of the Assembly of the African Union in February 2020. However due to technical challenges related to making the report available for launching, it was postponed to a later date. With prevailing COVID-19 context, the AU Commission and the Republic of The Gambia have rescheduled the launching, virtually, on 5th August 2020. (AU)
Key Words: AU, Africa, DRR
Refocusing the Africa-EU strategy – Two key partnerships will be negotiated in 2020 between the European Union (EU) and Africa, making this a crucial year for both continents. One is the post-Cotonou agreement within the African, Caribbean and Pacific Group of States, and the other is the Africa-EU strategy. In relation to the Africa-EU strategy, the EU released a communication in March, ahead of the scheduled October African Union (AU)-EU summit. The document proposed five priority areas: green transition and energy access, digital transformation, sustainable growth and jobs, peace and governance, and migration and mobility. The communication noted that these focus areas were derived from the Abidjan Declaration issued during the 2017 AU-EU summit and the meeting of both continental bodies in February 2020. Even so, the priorities do not sufficiently reflect the Abidjan Declaration, with crucial issues such as poverty, health, transport infrastructure and access to the internet not adequately covered. Priorities in the AU’s Agenda 2063 are also sparsely covered.
The omissions are largely attributed to the inadequate use of a holistic people-centred approach in deciding on focus areas. For example, the communication section discusses human development through the narrow lens of creating jobs. Resilience is also primarily looked at from the perspective of the state, with limited mention of citizen and community resilience. In the upcoming negotiations on a new strategy, African interlocutors should ensure that the continent’s priorities outlined below are reflected. The findings of the AU strategy that were presented to the AU Permanent Representative Committee in February 2019 should also be articulated. Among the overlooked priorities, eradicating poverty is a leading concern. More than 70% of the world’s poorest people live on the continent and addressing ‘poverty, inequality and hunger’ is critical to Agenda 2063. In the EU communication, poverty is highlighted in the footnotes, but is mentioned only once in the main text. Agenda 2063’s first implementation report published in February 2020 notes that Africa made modest progress in meeting 36% of its 2019 target for reducing poverty, inequality and hunger. (ISS)
Key Words: ISS, Trade Policy, Africa-EU
COMESA COVID-19 Food Security and Nutrition Plan Adopted - Ministers responsible for agriculture, environment and natural resources have adopted the COMESA COVID-19 Food Security Response Plan to help the region deal with the impacts of Covid-19 on regional food security. In their 7th joint meeting conducted virtually, the Ministers expressed concern about the unfolding effects of Covid-19 on food and nutrition and called on Member States to immediately mobilise resources to support the implementation of the regional plan to ensure food security. The Ministers have also committed themselves to ensure that food and agricultural input markets and supply chains, along with associated logistics and services remained open and functional in line with the COMESA-EAC-SADC Tripartite COVID-19 guidelines adopted last week. In a Declaration issued at the end of the one-day meeting, the Ministers pledged to support agricultural research to develop, transfer and disseminate technologies, innovations and management practices that are climate-resilient, market-responsive, suited to assorted agro-ecological contexts and end-user preferences in the region. “We commit ourselves to supporting smallholder farmers to increase production and productivity, through access to inputs, services and improved technologies including seeds, planting materials, fertilizer, veterinary products and animal feeds,” the Ministers said.
Speaking at the official opening, Secretary General Chileshe Mpundu Kapwepwe said a lot more that still needs to be done for the region to effectively address the challenges of climate change, transboundary plant pest and animal diseases, and degradation of natural resources. “We need to build the resilience of our agriculture and agri-food systems as well as ecosystems for greater functionality and efficiency. This will also call for adoption of comprehensive approach to early warning, disaster preparedness and response including social protection & safety net systems,” the Secretary General noted. She urged Member States to collectively deal with food safety issues to further open-up of markets and enhance trade in safe agricultural and food commodities in the region and in the context of African Continental Free Trade Area. (COMESA)
Key Words: COMESA, AfCFTA, Trade Regulations
EAST AFRICA
Rwanda, Malta sign agreement to strengthen trade ties – Rwanda's Private Sector Federation (PSF) on Tuesday, August 4 signed a memorandum of understanding with the Malta Chamber of Commerce, Enterprise and Industry (MCCEI) to promote trade and investment between the two countries. The new cooperative agreement is expected to facilitate development of commercial exchanges and economic co-operation between Rwandan and Maltese companies. Malta is a southern European country located in the central Mediterranean between Sicily and the North African coast. The island nation boasts vast opportunities, mainly in its booming sectors of tourism, information technology and financial services. The signing ceremony took place virtually due to the global pandemic. It was graced by Rwandan High Commissioner to the United Kingdom, Ambassador Yamina Karitanyi and Ambassador Ronald Micallef, Ambassador-designate for Ethiopia and the African Union. Stephen Ruzibiza, PSF Chief Executive Officer commended the agreement, saying that it will boost investment opportunities within the two countries. “Rwanda has a conducive investment environment for anyone to invest and we have quite enormous investment opportunities and I would encourage Malta investors to come and invest in Rwanda," Ruzibiza said. He added that the MoU will open opportunities for more agreements between individual companies from the two countries.Rwandan and Maltese investors also agreed to exchange information concerning trade fairs and exhibitions organized in their respective regions. Moreover, both parties agreed to ensure constant exchange of information and publications in the economic field. (The New Times)
Key Words: Rwanda, Trade Agreement, Investment Policy
COMESA Sugar Safeguard on Kenya is Paying-Off – The sugar industry in Kenya has steadily expanded over the years, currently with 15 white sugar mills being opened and several jaggery (healthy sugar alternative) operators in place. This development has been attributed to the safeguard granted by COMESA since 2002 when the government sought protection from importation of cheap sugar from the region. According to the Head of the Sugar Directorate in Kenya’s Ministry of Trade, Rosemary Owino the area under cane increased by 24% from 159,288 hectares in 2010 to 197,438 hectares in 2019 in an effort to meet the expanding mill crushing capacities. The cane yields have been fluctuating over the ten years, from a low 51 tonne per hectare in 2012 to a high of 66.41 tonne per hectare in 2015. She was speaking during the third meeting of the COMESA Sub-Committee on the Kenya Sugar Safeguard conducted virtually on 30 July 2020. The Committee was established in 2018 as a dedicated forum for the COMESA region to deliberate on the issues relating to the administration of the sugar safeguard. “For the period January to June 2020, total sugar production was 298,636 tonnes compared to 244,826 tonnes in the same period in 2019, a 22% increase. This is an indication of improvement in the industry performance. To bridge the gap, a total of 237,581 tonnes of sugar was imported,” she said.
In addition, sugar production increased by 22% from 523,652 tonnes in 2010 to 639,741 tonnes in 2016. In 2019, production stood at 440,935 tonnes against a consumption of 1,038,717 tonnes, resulting into a 58% deficit. According to trade experts, production costs determine whether the sugar industry can compete with duty free and quota free imports from the COMESA Free Trade Area. Ms Owino reported that Kenya’s sugar production costs are currently at about USD$700 per metric tonne. Government owned sugar mills have the highest cost of production therefore, putting Kenya’s production costs at about 36 per cent higher than import prices from the COMESA exporters. Speaking during the opening of the meeting, COMESA’s Director of Trade Dr Christopher Onyango said it was about time the region begins to strategize on how to deal with the distorted world market prices given the uncertainties in world market for sugar. “There is an emerging shift of consumer preferences, towards healthier diets which has boosted consumer spending on healthy food, more so in leading producers in developed economies,” he observed. “The excess sugar is likely to be dumped into the region and this should worry all of us given the projected increase on world sugar production in the coming years.” (COMESA)
Key Words: East Africa, COMESA, AfCFTA
WEST AFRICA
ECOWAS encourages engagement and cooperation towards the development of a digital economy at the 12th West Africa Internet Governance Forum (WAIGF) – The Commission of the Economic Community of West African States (ECOWAS) brought together diverse stakeholder groups from the region and beyond at the 12th West Africa Internet Governance Forum (WAIGF) to engage as the region strengthens its strides towards the ongoing digital economy development. The two-day videoconference forum with the central theme ‘Digital Inclusion and Access in West Africa in response to COVID-19’ was convened from 22 to 24 July 2020. The forum aims to strengthen the active participation of various stakeholder groups in the Internet governance debate on the utilisation of the Internet, exploration of the digital landscape in the context of COVID-19, which included the impact of Trust and Privacy in the current COVID-19 pandemic, Cybersecurity and cybercrime in the era of digital cooperation and beyond.
The ECOWAS Commissioner for Telecommunications and Information Technology, Dr Zouli Bonkoungou emphasised why Information Communication Technology (ICT) remains key to the realisation of a viable socio-economic West Africa, competitive in all areas. He noted the COVID 19 challenges currently facing the region and stressed the importance of proffering regional solutions to these so as to ensure that the development of the region is on the right trajectory with positive impacts delivered for the people. Dr. Bonkoungou encouraged all stakeholders to contribute to the ongoing conversations that can shape the development of the region.
The Minister of Information and Communications of Sierra Leone, Hon. Mohamed Rahman Swaray, represented by his deputy minister indicated his government’s commitment to scaling-up the development of the ICT/Telecom services to create a Digitally Inclusive Sierra Leone to transform their economy to a digital economy. He encouraged open and honest discussions on barriers such as access to broadband internet which inhibit the digitally and socially excluded. (ECOWAS)
Key Words: ECOWAS, Regional Trade, COVID-19
Buy cars, textiles, garments produced in Ghana – Akufo-Addo to gov't agencies - President Nana Addo Dankwa Akufo-Addo has directed all public agencies to source garments, textiles and vehicles from domestic producers in the country. Speaking at the unveiling of the first Volkswagen assembled vehicles on Monday, 3rd August 2020, President Akufo-Addo explained that when COVID-19 reared its head in Ghana, one of the key objectives set by Government, in response, was to use the challenge of the pandemic as an opportunity to inspire the expansion of the country’s domestic capability, and deepen our self-reliance. “To wit, we want to rely on the things we make and grow, not on the things we import. Indeed, the pandemic has disrupted the global supply chain, but it is also opening up opportunities for us to enhance our industrial, productive capacity, increase our agricultural output to engender our food security, and, generally, boost Ghanaian exports to markets in the continent and beyond,” he said.
A clear case in point, according to the President, has been the country’s recent experience in the garment and textiles sector, with the onset of COVID-19. “With the support of Government, our, hitherto, dormant domestic garment factories have, over the past few months, been revived, and have been able to produce, currently, fifteen million face masks and other personal protective equipment (PPEs) for frontline health workers, and for all those, i.e. students, teaching and non-teaching staff, involved in the partial reopening of our junior and senior high schools, universities and other tertiary institutions,” he said. President Akufo-Addo continued, “This has saved our nation millions of dollars in foreign exchange, and, at a time of job losses, has created jobs for thousands of people, especially young people, across the country. These job opportunities would have, otherwise, gone to foreigners in distant shores, had we chosen to import these PPEs.”
Government, the President stressed “is determined to continue this development with appropriate policy, including insisting that all public agencies purchase, henceforth, their textile and garment needs from domestic sources.” (Ghana Web)
Key Words: Ghana, Regional Trade, COVID-19
SOUTHERN AFRICA
40th SADC Ordinary Summit of Heads of State and Government to be held virtually 10 - 17th August, 2020 – The 40th Ordinary Summit of the Heads of State and Government of the Southern African Development Community (SADC) and preceding meetings will be held virtually from the 10th to the 17th of August, 2020. In view of the challenges posed by the COVID 19 Pandemic, the Summit and preceding meetings will be conducted virtually with a reduced agenda, focusing on the hand-over of the SADC Chairperson-ship, and critical Institutional matters. The Republic of Mozambique will host the virtual meetings as the Incoming Chair of the 16 Member regional economic bloc. The SADC Summit is responsible for the overall policy direction and control of functions of the community, ultimately making it the policy-making institution of SADC. The SADC Summit is made up of all SADC Heads of States or Government and is managed on a Troika system that comprises the current SADC Chairperson, the incoming Chairperson and the immediate previous Chairperson. The Ordinary SADC Summit usually meets once a year around August or September in a Member State of the incoming SADC Chairperson.
The current SADC troika comprises of H.E Dr John Pombe Joseph Magufuli, the President of the United Republic of Tanzania, as the Chairperson of SADC; his predecessor H.E Dr Hage G. Geingob, the President of the Republic of Namibia as the Outgoing Chairperson and H.E. Filipe Jacinto Nyusi, the President of the Republic of Mozambique as the Incoming Chairperson. The troika for the SADC Organ on Politics, Defence and Security Cooperation comprises of H.E. President Emmerson Dambudzo Mnangagwa of the Republic of Zimbabwe as the Chairperson of the Organ; his predecessor H.E. President Edgar Chagwa Lungu of the Republic of Zambia as the Outgoing Chairperson of the Organ and H.E Dr. Mokgweetsi Masisi the President of the Republic of Botswana as the Incoming Chairperson of the Organ. The Republic of Mozambique last hosted the SADC Summit in 2012, under the Chairpersonship of former President Armando Emílio Guebuza. The Ordinary SADC Summit will be proceeded by the meeting of the SADC Standing Committee of Senior Officials; the SADC Finance Committee; SADC Council of Ministers Meeting; as well as the Organ Troika Senior Officials, and Ministerial Council of the Organ Troika, and the and Troika Summit. (SADC)
Key Words: SADC, COVID-19, Regional Trade
