IMPORTANCE OF UTILITYMODELS: A FOCUS ON THE SUAME MAGAZINE IN GHANA

SUB-REGIONAL TRAINING OF TRAINERS PROGRAM: IP ASSET MANAGEMENT BY SMEs, 26-28 November 2014, Harare, Zimbabwe

By J. NOBLE-NKURUMAHMIP STUDENTAFRICA UNIVERSITY

PRESENTATION OUTLINE

1. Definition 2. Main differences between utility models and

patents 3. Utility models in international agreements and

multilateral agreements4. Domestic legislation in Ghana5. SUAME Magazine6. Training7. Stages of development of SUAME Magazine8. Observations9. Way forward

DEFINITION

An utility model is an exclusive right granted for an invention, which allows the right holder to prevent others from commercially using the protected invention without his authorization, for a limited period of time

Basic definition may differ from country to country

Similar to a patent and sometimes referred to as petty patents or innovation patents

MAIN DIFFERENCES BETWEEN UTILITY MODELS AND PATENTS

Requirements for acquiring utility models less stringent than for patents

Novelty is always to be met Inventive step or non-obviousness may be

absent or much lower altogether Protection granted for innovations of a rather

incremental character, which may not meet patentability criteria

Shorter term of protection for utility models Examination of utility model applications not as to

substance consequently registration process is simpler and faster

UTILITY MODELS IN INTERNATIONAL AGREEMENTS AND MULTILATERAL AGREEMENTS

PARIS CONVENTION Recognizes Ums as industrial property does not define it, accords it a right of priority and national

treatment THE TRIPS AGREEMENT Establishes the minimum substantive

standards for each of the major IP regimes but fails to mention in clear terms utility model protection.

UTILITY MODELS IN ITERNATIONAL AGREEMENTS AND MULTILATERAL AGREEMENTS CONT’D

Reference to Art 2(1), TRIPS Agreement, the relevant provisions of the Paris Convention (including Art1(2) ) are extended to all WTO countries.

PATENT COOPERATION TREATY Aimed at facilitating patent applications in more than

one country via a simplified and cheaper process This facilitated means for patents covers Ums as well References to an application there includes

applications for patents for inventions, inventors certificates ,utility certificates, utility models etc

DOMESTIC LEGISLATION IN GHANA

Patent Act, 2003, Act 657 Part II sections 16-18 New and industrially applicable Granted for 7 years without possibility

of renewal Grounds for invalidation

SUAME MAGAZINE

One of Africa's largest informal engineering clusters

Populated with over 100,000 technical artisans, auto mechanics and dealers in related supplies

Cluster begun about 1935 during British colonization on the site of an old military magazine

TRAINING

No formal training System of apprenticeship to master

craftsmen Duration 4-5years for auto mechanics

and about 3years for the metalworking sector

No formal education beyond primary, master craftsmen inclusive

STAGES OF DEVELOPMENT OF SUAME MAGAZINE

BASIC TOOL STAGE: Solely vehicle repair British training in the 1930s Upon return some were employed by the colonial

government Some set up private mechanical shops and offered

training as well Post independence Ghanaians begun to acquire

vehicles from abroad Servicing/repair mainly by British motor

companies( UAC, John Holt Bartholomew, RT Briscoe etc)

STAGES OF DEVELOPMENT OF SUAME MAGAZINE CONT’

Mid 70s economic decline forced many vehicle owners to employ local artisans for repairs

Scarcity of imported goods and parts Necessity led to innovation Entrepreneurial artisans replaced

imported components with their own inventions

STAGES OF DEVELOPMENT OF SUAME MAGAZINE CONT’D Mechanics begun more intensive repairs from unwinding

and cleaning wire coils inside motors to grinding down engine shafts to fit in a different automobile (Powel,1986)

Increase in business led to explosion in population in the magazine and the gathering of more experience and innovation

MACHINING TOOLS STAGE: Introduction of manufacturing

ERP-1983- import tariffs relaxed international trade encouraged

Led to major decline of national industry and a sudden collapse of the informal sector

STAGES OF DEVELOPMENT OF SUAME MAGAZINE CONT’D

Flood of cheap foreign goods, low cost vehicles and slightly used spare parts.

Diminished need for extensive repairs Major businesses e.g. timber in

catchment area Kumasi also fell on hard times and could not send their fleets for repair

KNUST/ITTU

STAGES OF DEVELOPMENT OF SUAME MAGAZINE CONT’D

Intermediate Technology Transfer Center set up by Kwame Nkrumah University Of Science And Technology

To provide technology based and knowledge based support

To encourage a shift toward manufacturing Provided on hire purchase terms some of the first

electric machining tools to the artisans Had classrooms and workshops for training of

apprentices and leading workshops. Introduced new methods and technologies e.g. the

capstan lathe, 10x faster and more reliable than the center lathe, then in use

STAGES OF DEVELOPMENT OF SUAME MAGAZINE CONT’D

Introduction of metal fabrication tools (lathe, drill press, milling machine etc)

Led to manufacture of agric processing tools, engine reboring, customized gears etc

Enabled customized manufacturing of auto parts and machines

Enhanced safety of repairs by providing appropriate vehicle parts

Introduced manufacturing as a process Made locally made equipment available and introduced

business in these equipment Introduction of small scale iron foundries and aluminum

spinning led to the manufacture of bolts and nuts, tools, millstones etc

STAGES OF DEVELOPMENT OF SUAME MAGAZINE CONT’D

Made available locally made equipment and introduced the scrap metal and foundry business

Local production of steel bolts and nuts, gears and chain sprockets put vehicle repair in a new age of vehicle repair.

There was also the local production of palm oil extractors, soap boiling tanks,cornmills, carpenters benches, donkey carts

A new era had dawned

STAGES OF DEVELOPMENT OF SUAME MAGAZINE CONT’D

COMPUTARISED TECHNOLOGY STAGE: Potential for advanced innovation and manufacture

Computer technology so pervasive Current knowledge base far cry from demands of

modern ICT and what it portends. Suame falls behind in terms manufacturing

capabilities and repair of computerized vehicles Ban on importation of overage vehicles. Compelled to work on work on computerized

vehicles, fiber glass bodies etc

OBSERVATIONS Economic crises in the 70s(stage one) Necessity led to innovation Replacement of imported components

with own inventions More intensive repairs Role by ITTU (stage two) Economic benefits to the artisan,

consumers, and the nation as a whole. IP component???

OBSERVATIONS CONT’D

Push factors Necessity Training Beneath these is pure talent and creativity

MOVING FORWARD Need to sharpen technological capabilities

by introduction of computerized technology Need to infuse IP as part of training

ACKNOWLEDMENT

Walderman-Brown,A, Obeng,G,Y, Adu-Gyamfi,Y : Innovation And Stagnation Among Ghana’s Technical Artisans

THANK YOU FOR LISTENING!