WORLD TRADE  
ORGANIZATION   
IP/C/W/555 
27 June 2011 
 (11-3145) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   French 
 
 
 
PRIORITY NEEDS FOR TECHNICAL AND FINANCIAL COOPERATION 
 
Communication from Senegal 
 
 
 According to paragraph 2 of the Decision of 29 November 2005 on the Extension of the 
Transition Period under Article 66.1 for Least-Devel oped Country Members, "all the least-developed 
country Members will provide to the Council for TR IPS, preferably by 1 January 2008, as much 
information as possible on their individual priority needs for technical and financial cooperation in 
order to assist them taking steps necessa ry to implement the TRIPS Agreement". 
  This document reproduces the information wh ich has been received from the delegation of 
Senegal by means of a communication dated 1 June 2011, and circulated as an advance copy for the 
TRIPS Council Meeting of 7 June 2011.  
_______________ 
 
 IP/C/W/555 
Page 2  
 
   
LIST OF ABBREVIATIONS ......................................................................................................... ...... 3 
I.  INTRODUCTION .................................................................................................................. .. 4 
II.  NATIONAL CONTEXT .......................................................................................................... 5  
A.  I
NTELLECTUAL PROPERTY :  POLITICAL AND LEGAL FRAMEWORK  ............................................ 5  
1.  Domestic legislation .......................................................................................................... ........ 5 
2.  Regional legislation .......................................................................................................... ......... 5 
3.  Multilateral texts ............................................................................................................ ........... 5 
B.  ADMINISTRATION OF IPR ............................................................................................................ 8  
C.  MEANS OF ENFORCING IPR S ....................................................................................................... 8  
D.  INNOVATION , CREATIVITY AND TECHNOLOGY TRANSFER FOR DEVELOPMENT  ........................ 8  
III. NATIONAL INTELLECTUAL PROPER TY DEVELOPMENT PLAN ........................... 9  
A.  IMPLEMENTATION MODALITIES  ................................................................................................ 10  
B.  CONCLUSION AND OUTLOOK  .................................................................................................... 11  
Annex A: Priority needs for technical and fi nancial cooperation to take steps necessary to 
implement the TRIPS Agreement ........................................................................................ 13  
1.  Administration of IPR ......................................................................................................... ... 13 
2.  IP Policy and Legal Framework ............................................................................................ 13  
3.  Enforcement of IPRs ........................................................................................................... .... 14 
4.  Innovation, creativity and technol ogy transfer for development ....................................... 15  
Annex B:  Indicative Timetable ................................................................................................ ............. 17  
 
 IP/C/W/555 
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  LIST OF ABBREVIATIONS 
ADEPME SME Development and Support Agency 
TRIPS Trade-Related Aspects of Intellectual Property Rights 
ARESA National Agency for Applied Scientific Research 
ASPIT Senegalese Agency for Industrial  Property and Technological Innovation 
ASPLA Senegalese Agency for Literary and Artistic Property 
BNLCP National Bureau to Combat Piracy and Counterfeiting 
CAIT Innovation and Technology Support Centre 
CCIA Chamber of Commerce, Industry and Agriculture 
CFJ Judicial Training Centre 
CNPCI National Council for the Coor dination of Intellectual Property 
R&DC Research and Development Centres 
IPRs Intellectual property rights 
DTIS Diagnostic Trade Integration Study 
ENA École nationale d'Administration 
FDI Foreign direct investment 
GI Geographical indication 
ISRA Senegalese Agricultural Research Institute 
CMs Collective marks 
AIPO African Intellectual Property Organization 
WTO World Trade Organization 
WCO World Customs Organization 
WIPO World Intellectual Property Organization 
WDA WIPO Development Agenda 
IP Intellectual property 
LDC Least developed countries 
SME Small and medium enterprises 
SMI Small and medium industries 
PNDPI National Intellectual Property Development Plan 
R&D Research and development 
SGCDA Copyright Collective Management Society 
ICT Information and communication technology 
UCAD Cheikh Anta Diop University, Dakar 
 IP/C/W/555 
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  I. INTRODUCTION 
1. The WTO TRIPS Council Decision of 29 November  2005 extended the tr ansition period for 
least developed countries (LDCs) to implemen t the Agreement on Trade-Related Aspects of 
Intellectual Property Rights (TRIPS Agreement) until  1 July 2013.  At the same time, LDCs are not 
obliged, with respect to pharmaceutical products, to im plement or apply Sections 5 and 7 of Part II of 
the TRIPS Agreement or to enforce rights provided for under those Sections until 1 January 2016.  In 
both cases, LDCs have reserved the right to seek further extensions of these transition periods. 
2. Paragraph 2 of the 29 November Decision inv ited LDC Members, including Senegal, to 
provide as much information as possible to the Council, preferably by 1 January 2008, on their individual priority needs for technical and financial cooperation in order to assist them in taking steps 
necessary for implementing the TRIPS Agreement.  As part of its biennial Technical Assistance Plan 
for 2010-2011, the WTO has planned and started im plementing several activities aimed at providing 
LDC Members with support and advice in identifying their priority needs to be communicated to the 
TRIPS Council.  Thus, from 9 to 11 November 2010 Dakar hosted a regional workshop organized by 
the WTO for LDC Member countries and observers fro m French-speaking Africa  in the framework of 
the assessment of priority needs to  implement the TRIPS Agreement. 
3. As the World Intellectual Property Organizati on (WIPO) Annual Assemblies have recently 
re-emphasised in approving the organization's new Development Agenda, intellectual property 
rights (IPRs) should be a tool for development a nd an integrated part of national policies and 
programmes on education, science and technology;   industrialization;  agriculture and the 
environment;  the protection of culture and the encouragement of innovation. 
4. At the General Assembly held in 2007, the WIPO member States adopted 
45 recommendations of the WIPO Provisi onal Committee on Proposals Related to a 
WIPO Development Agenda (PCDA).  The 45 ad opted recommendations were grouped into the 
following clusters: 
 - Cluster A: Technical Assistance and Capacity Building 
 - Cluster B: Norm-setting, flexib ilities, public policy and public domain 
 - Cluster C: Technology Transfer, Information and Communication 
   Technologies (ICT) and Access to Knowledge 
 - Cluster D: Assessment, Evaluation and Impact Studies  - Cluster E: Institutional Matters  including Mandate and Governance 
 - Cluster F: Other Issues 
5. Among other things, the Assembly decided that WIPO technical assistance should be, 
inter alia , development-oriented, demand-driven and tr ansparent, taking into account the priorities 
and the special needs of developing countries, especially LDCs, as well as the different levels of development of Member States, and activities should include time frames for completion.  In this 
regard, design, delivery mechanisms and eval uation processes of technical assistance programmes 
should be country specific. 
6. It is in this context that WIPO supported cer tain countries, including Senegal, in drawing up 
national intellectual property development plans. IP/C/W/555 
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  II. NATIONAL CONTEXT 
A. INTELLECTUAL PROPERTY :  POLITICAL AND LEGAL FRAMEWORK  
7. Senegal has a fairly substantial legal framework fo r intellectual property.  It consists of legal 
texts that deal with the subject matter directly or  others that address only certain aspects of IPRs.  
Senegal is also a party to several international, regional and multilateral agre ements and treaties on IP 
currently in force. 
1. Domestic legislation 
 - Law No. 2008-09 of 25 January 2008 on Copyright and Related Rights 
http://www.wipo.int/wipolex /en/details.jsp?id=5764  
 - Act No. 2008-12 on the Protection of Personal Data 
http://www.wipo.int/wipolex /en/details.jsp?id=6229  
 - Law No. 2008-11 on Cybercrime 
http://www.wipo.int/wipolex /en/details.jsp?id=6226  
 - Guidance Law on Information Society 
http://www.wipo.int/wipolex /en/details.jsp?id=6338  
 - Senegalese Customs Code 
http://www.wipo.int/wipolex /en/details.jsp?id=6219  
 - Basic Law No. 65-60 of July 1965 (Penal Code of the Republic of Senegal) 
http://www.wipo.int/wipolex /en/details.jsp?id=6336  
- Decree No. 2004-733 of 21 June 2004 establishing a Public Registry of 
Cinematography and Audiovisual Works 
http://www.wipo.int/wipolex /en/details.jsp?id=6224  
2. Regional legislation 
 - Charter for African Cultural Renaissance 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=21&treaty_id=309  
 - Cultural Charter for Africa 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=21&treaty_id=308  
 - Bangui Agreement (AIPO) 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=21&treaty_id=227  
3. Multilateral texts 
 - Singapore Treaty 
http://www.wipo.int/wipolex/en/wipo_treaties/details.jsp?treaty_id=30  
 - Trademark Law Treaty 
http://www.wipo.int/wipolex/en/wipo_treaties/details.jsp?treaty_id=5  IP/C/W/555 
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   - Madrid Protocol 
http://www.wipo.int/wipolex/en/wipo_treaties/details.jsp?treaty_id=8  
 - Budapest Treaty 
http://www.wipo.int/wipolex/en/wipo_treaties/details.jsp?treaty_id=7  
 - Brussels Convention 
http://www.wipo.int/wipolex/en/wipo_treaties/details.jsp?treaty_id=19  
 - Performances and Phonograms Treaty 
http://www.wipo.int/wipolex/en/wipo_treaties/details.jsp?treaty_id=20  
 - Copyright Treaty 
http://www.wipo.int/wipolex/en/wipo_treaties/details.jsp?treaty_id=16  
 - Nairobi Treaty 
http://www.wipo.int/wipolex/en/wipo_treaties/details.jsp?treaty_id=22  
 - Hague Agreement 
http://www.wipo.int/wipolex/en/wipo_treaties/details.jsp?treaty_id=9  
 - Patent Cooperation Treaty 
http://www.wipo.int/wipolex/en/wipo_treaties/details.jsp?treaty_id=6  
 - WIPO Convention 
http://www.wipo.int/wipolex/en/wipo_treaties/details.jsp?treaty_id=1  
 - Paris Convention 
http://www.wipo.int/wipolex/en/wipo_treaties/details.jsp?treaty_id=2  
 - Berne Convention 
http://www.wipo.int/wipolex/en/wipo_treaties/details.jsp?treaty_id=15  
 - Optional Protocol to the Convention on the Rights of Persons with Disabilities 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=260  
- United Nations Convention on the Use of Electronic Communications in International 
Contracts 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=300  
 - United Nations Convention on Jurisdictiona l Immunities of States and their Property 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=259  
 - Convention on the Rights of Persons with Disabilities 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=258  
 - Convention on the Protection and Promoti on of the Diversity of Cultural Expressions 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=285  
 - International Treaty on Plant Gene tic Resources for Food and Agriculture 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=255  IP/C/W/555 
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   - Convention Relating to the Status of Stateless Persons 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=290  
 - International Plant Protection Convention 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=276  
 - WHO Framework Convention on Tobacco Control 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=275  
 - Kyoto Protocol to the United Nations  Framework Convention on Climate Change 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=278  
 - Stockholm Convention on Persistent Organic Pollutants 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=265  
 - Cartagena Protocol on Biosafety 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=256  
 - Convention on Biological Diversity 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=254  
 - United Nations Framework Convention on Climate Change 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=268  
 - Agreement Establishing the World Trade Organization (WTO) 
http://www.wto.org/english/docs_e/legal_e/04-wto.pdf  
- Agreement on Trade-Related Aspects of Intellectual Property Rights 
(TRIPS Agreement) 
http://www.wto.org/english/ docs_e/legal_e/27-trips.pdf  
 - United Nations Convention on the Law of the Sea 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=291  
 - Protocol (II) additional to the Gene va Conventions of 12 August 1949 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=282  
 - Protocol (1) additional to the Ge neva Conventions of  12 August 1949 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=281  
 - Convention on Transit Trade of Landlocked States 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=293  
 - Convention concerning the Protection of the World's Cultural and Natural Heritage 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=289  
 - Universal Copyright Convention 1971 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=205  
 - Protocol 1 Annexed to the Universal Copyright Convention 1952 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=209  IP/C/W/555 
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   - Protocol 1 Annexed to the Universal Copyright Convention 1971 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=206  
 - Protocol 2 Annexed to the Universal Copyright Convention 1971 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=207  
 - Universal Copyright Convention 1952 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=208  
- Convention (I) for the Amelioration of the Condition of the Wounded and Sick in 
Armed Forces in the Field of 1949 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=277  
 - Convention (IV) relative to the Protection of  Civilian Persons in Time of War of 1949 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=280  
- Convention (II) for the Amelioration of the Condition of Wounded, Sick and 
Shipwrecked Members of Armed Forces at Sea of 1949 
http://www.wipo.int/wipolex/en/other_treati es/details.jsp?group_id=22&treaty_id=279  
8. This legal arsenal needs a certain amount of ad apting and updating, and the texts administered 
by bodies with remits that touch on IP issues (Trade , Customs) need to be reviewed or supplemented. 
B. ADMINISTRATION OF IPR 
9. There are a number of obstacles in the path of IP development, one being that several bodies 
deal with these matters and coordination between them is a problem for users of the system (SME-SMI, R&DC and cultural players). 
10. The bodies involved are:  the Ministries of Industry, Culture, the Interior, Scientific Research, 
Trade, and Higher Education (Cheikh Anta Diop Un iversity, Dakar - UCAD).  There is also civil 
society. 
11. Furthermore, the institutional framework has probl ems regarding the availability of material 
and financial resources, creating and building the capacities of players (staff and rights holders), 
IP teaching in higher education, and the development of research. 
C. M
EANS OF ENFORCING IPR S 
12. In order to set up a framework for more effectiv e enforcement of IPRs in Senegal, the main 
stakeholders have identified a number of priority  needs for technical and financial cooperation:  
organization of awareness-raising campaigns;  trai ning for the staff of bodies responsible for rights 
enforcement, including the police, customs, and th e judiciary;  provision of detection and testing 
equipment;  development of IPR enforcement manuals  for the main enforcement agencies;  access to 
case law and research resources for the commercial c ourts, including through the establishment of a 
special IP section. 
D. INNOVATION , CREATIVITY AND TECHNOLOGY TRANSFER FOR DEVELOPMENT  
13. Senegal has the potential for innovation and crea tion.  Unfortunately, it has not managed to 
set up a suitable IP regime.  The public sector has a dominant role in research initiatives, while the 
private sector uses the results without really participating.  Yet, public sector R&D is unable to meet 
growing market demand.  Most of the country's industries suffer from inadequate development, in IP/C/W/555 
Page 9 
 
 
  particular because the necessary R&D facilities are l acking.  Although the technologies used are for 
the most part imported, technology transfer is extr emely limited.  Virtually no patents are registered 
locally. 
14. Technology transfer undeniably plays a vital role in the overall development of a country.  
Institutional linkage between our local research instit utions and that of inte rnational organizations 
needs to be more deeply rooted. 
15. Although Article 66.2 of the TRIPS Agreemen t requires developed country Members to 
provide incentives to encourage technology transfer to LDCs for the purpose of capacity building, its 
enforceability remains a problem. 
III. NATIONAL INTELLECTUAL PROPERTY DEVELOPMENT PLAN 
16. The National Intellectual Property Development Plan (PNDPI) can be described as a strategy 
for IP development which aims to create a framework in Senegal to protect and promote the IP system 
so that it can be used effectively in implemen ting the country's economic, social and cultural 
development policy.  It will also monitor the se tting up and strengthening of the bodies responsible for 
the promotion of intellectual creations. 
17. In order to achieve this overall aim, the following specific objectives will be pursued: 
 Turn IP into a driving force behind technology transfer; 
 provide economic operators with effective protection of their IP assets; 
 foster the development of a critical mass of property titles; 
 establish a legislative framework that is c onducive to the promotion and protection of 
invention and innovation; 
 establish a framework conducive to the mode rnization of the bodies responsible for 
managing and administering intellectual property assets; 
 strengthen the protection of related rights; 
 combat counterfeiting and piracy more efficiently; 
 build the IP capacity of public and private institutions; 
 provide for an integrated research/enterprise system; 
 acquire standard IP skills; 
 promote the teaching of IP in universities and colleges. 
18. To that end, the PNDPI is pursuing four ma jor objectives corresponding to priority areas of 
action, namely: 
 Strengthening the legislative and regulatory framework; 
 modernizing IP administration; IP/C/W/555 
Page 10  
 
   promoting the use of IP by companies; 
 promoting IP in the education and research sector. 
19. The main results expected from the PNDPI can be summarized as follows: 
 Improved legal context harmoni zed with the objectives, principles, rights, obligations 
and flexibilities set out in the TRIPS Agreement as well as other commitments to international and regional IP standards; 
 modern, service-oriented, and accessible and automated administration services for 
IPRs available for enterprises, creators and inventors in Senegal; 
 strengthened institutional framework a nd improved national IP coordination 
mechanism; 
 increased awareness and use of IP as a tool for economic development and 
integration; 
 structured expansion of IP education, training and research institutions within a 
common national network; 
 increased capacities for effective and effici ent enforcement and regulation of IPRs 
among the bodies responsible, such as the police, public prosecutors and the 
judiciary. 
A. I
MPLEMENTATION MODALITIES  
20. Addressing the identified problems, needs and ch allenges will be a long-term undertaking in 
Senegal, and needs to be addressed in a comprehensiv e, gradual and sustainable manner.  There is no 
"quick fix" solution. 
21. The PNDPI, phased over five years, with a detailed, external mid-term review, which will 
allow for genuine capacity development in Senegal' s national IP system and legal, regulatory and 
administrative institutional infrastruct ure, is an appropriate response. 
22. To achieve the expected results and objectiv es, the PNDPI programme will support a number 
of activities in the form of eight programme s under the four clusters mentioned above. 
Programme 1: Modernization of the Senegalese Agency for Industrial Property and 
Technological Innovation (ASPIT), creation of the Senegalese Agency for 
Literary and Artistic Property (ASP LA) and the Copyright Collective 
Management Society (SGCDA). 
Programme 2: Legislative and regulatory measures. 
 
Programme 3: Logistical and material support. 
 
Programme 4: Training and awareness raising. 
 
Programme 5: Human capacity building. 
 IP/C/W/555 
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  Programme 6: Providing Small and Medium Enterprises/Industries (SME-SMI) with 
appropriate technologies. 
 
Programme 7: Support for research and development centres, universities and colleges. 
 
Programme 8: Teaching of IP at universities and colleges. 
 23. Implementation of the PNDPI could be assisted  and coordinated by the National Council for 
the Coordination of Intellectual Property (CNPCI).  It  will be the role of the CNPCI to supervise the 
IP system, monitor the system as a whole, keep th e State informed regarding the implementation of 
the PNDPI, and lead the audit of the bodies involved in implementation.  It will comprise 
representatives of the Office of the President of the Republic, of the Prime Minister's Office, of the Ministries of Culture, Industry, Justice, Higher Edu cation, Trade, Agriculture , the Interior, Health, 
and the Environment, and of the Chamber of Commerce. 
24. The Council will work in close cooperation with the development partners and a network of 
designated contact points in each of the participating institutions.  It will be responsible for specifying, 
managing and coordinating all programme activities,  and for financial management, procurement, 
work planning and reporting. 
25. Development partners, including potentially  multilateral organizations and WTO Members 
(national IP offices, development agencies, innovati on, technology research institutes, and education 
organizations), will be requested to provide expe rts for specific PNDPI programme activities.  The 
CNCPI will use financial support from development partners to procure consultancy services from 
international and national experts a nd academics in the fields of IP law, economics, administration, 
education and training, enforcement, and management. 
B. C
ONCLUSION AND OUTLOOK  
26. A memorandum for the implementation of Senegal's PNDPI was recently signed with WIPO 
for an amount of CFAF 8.5 billion.  The memora ndum establishes a framework for cooperation with 
WIPO which will enable the State of Senegal to cr eate an environment conducive to IP development. 
27. However, it should be pointed out that, on the one hand, there has as yet been no real 
commitment to implementing the activities of the va rious programmes covered in the PNDPI and, on 
the other, the needs expressed in the context of the PNDPI will in all likelihood expand, which would 
mean funding beyond the estimated amount for the PNDPI.  Hence the need to include the 
programmes already identified under the PNDPI am ong the priority needs Senegal has expressed in 
view of the impending implementation of the TRIPS Agreement. 
28. Senegal will have to take account of the needs thus identified when it next updates its 
Diagnostic Trade Integration Study (DTIS) and Action Matrix, so that partial funding can be obtained 
through broader initiatives for LDC support, in particular the Aid-for-Trade initiative and the 
Enhanced Integrated Framework (EIF).  Initiativ es such as these afford opportunities to strengthen 
and coordinate efforts made to meet the individual  priority needs identified by LDCs in the area of 
TRIPS. 
29. Thus, Senegal has formulated an IP development programme that identifies particular areas of 
action requiring technical and financial assistance.  It welcomes such aid as the multilateral institutions and WTO Members may provide  for the programme's implementation. 
30. This document has two annexes.  Annex A highlig hts the main priorities in terms of financial 
and technical elements allowing the necessary step s to be completed for implementation of the IP/C/W/555 
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  TRIPS Agreement, taking as a basis the intellectua l property development strategy worked out from 
the responses and suggestions made in the course of consultations with the various stakeholders and in 
the context of talks held at national level.  The needs evaluation covers IP policy and legal framework, 
administration, IPR observance and regulation, th e promotion of innovation, technology transfer 
incentives and the use of intellectual property as a tool for development. 
31. Annex B contains an indicative time-frame of a long-term national programme aimed at IPR 
capacity building in keeping with Senegal's needs. IP/C/W/555 
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  Annex A 
 
Priority needs for technical and financial cooperation to take steps necessary 
to implement the TRIPS Agreement 
 1. Administration of IPR 
 Creation of a National Council for the Coor dination of Intellectual Property (CNPCI) 
to ensure better coordination of national IP policy; 
 creation of the Senegalese Agency for Literary and Artistic Property (ASPLA) to 
advise the State and policymakers on lite rary and artistic property matters; 
 creation of the Copyright Collective Management Society (SGCDA) as foreseen by 
Law No. 2008-09 of 25 January 2008 on copyright and related rights; 
 creation of an Innovation and Technology S upport Centre (CAIT) to provide support 
for researchers and inventors; 
 building and furnishing of A SPIT and ASPLA headquarters; 
 upgrading of the Ministry of Trade Laborator y for better handling of IP-related tests; 
 supply of rolling stock and equipment to the services and authorities in charge of 
intellectual property matters to help them to be more operational and efficient in 
carrying out their tasks; 
 developing human resources in the CNPC I, ASPIT, ASPLA, CNPCI and SGCDA.  
Staff in these different bodies will require on-the-job training in IPR administration, 
patent information services, strategic a nd business planning, financial management 
and accrual accounting, human resources ma nagement, information technology skills, 
and communications on an ongoing basis. 
2. IP Policy and Legal Framework 
 Adoption of the laws on patronage and the st atus of the artist in order to provide 
artists with a favourable working environm ent while at the same time opening up 
opportunities for financing; 
 accession to certain international conventions  with a view to completing the national 
legal arsenal and enjoying the advantages involved; 
 development of domestic legislation on the practice of traditional medicine; 
 coordination of IP policy development.  Wh ile several aspects of the basic elements 
of the IPR legal framework are already in place, and new draft laws and regulations are being prepared, what is missing is an  over-arching national IP policy framework 
developed and supported by all interested  stakeholders, and covering the policy 
linkages between IP and public health;  agriculture and the environment including plant variety protection;  education, scien ce and technology;  enterprise development 
and regulation, competition, and the protecti on of Senegal's rich cultural heritage and IP/C/W/555 
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  traditional knowledge.  Financ ial and technical assistance is required to design and 
implement a comprehensive, coherent and inclusive national IP policy development 
and consultation process; 
 creation of an IP observatory within the CNCPI to keep the government and partners 
informed of IP-related developments in the country; 
 training for policymakers on IPR concepts, international IPR conventions and best 
practices from other countries.  Technical assi stance is required to launch an intensive 
phase of human resources development for government officials, the private sector and civil society.  What is needed is theo retical and practical training, tailored to the 
needs of policymakers, on basic IP concep ts, the international framework for IPR 
protection (TRIPS Agreement and other pr incipal international IP conventions 
including obligations, flexibilities, safeguard s and exceptions applicable to Senegal), 
key challenges (benefits, costs and risks) for developing countries implementing 
stronger IP protection and best practices from other countries.  Educating government 
officials and other relevant stakeholders in basic concepts of intellectual property rights is essential to raise awareness and unde rstanding of IPRs in general, their value 
and how they can be used in the interest  of furthering Senegal's local and regional 
development. 
3. Enforcement of IPRs 
 Improving consumer education and public  awareness about IPRs.  There is a 
medium-term need for technical and financial assistance to support public education and awareness-raising campa igns throughout Senegal on IPRs, including obligations, 
flexibilities, safeguards and exceptions.  Campaigns should  be professionally 
designed and use well-defined messages to target different audiences appropriately, 
e.g. consumers, businesses and traders, artists and musicians, radio and television broadcasters, the academic community, manufacturers, researchers and legal and business service professionals.  Such camp aigns should include participation from 
private sector and right holders' organi zations as well as consumer associations; 
 strengthening of the National Bureau to Combat Piracy and Counterfeiting (BNCLP) 
by creating synergy with the agencies and authorities responsible for protecting IPRs; 
 training of enforcement agencies and right holders' organizations  in IPR concepts, 
national legislation and enforcement strate gies.  There is a need for technical 
cooperation and financial support for the "training of trainers " in IP concepts, national 
legislation and regulations and enforcement matters for the full range of enforcement 
authorities and such other organizations that play important roles in contributing to effective enforcement of IPRs.  These in clude the police, Customs, the Trade 
Administration, the Senegalese Standards Association, and potentially the military.  
Specialized training is needed for the Office of the Public Prosecutor.  In addition, 
support is needed for "training of traine rs" on IPR enforcement strategies for other 
interested organizations (governmental and private sector) including, for example, the 
Ministry of Health's Directorate of Pharma cy (authority for regulatory compliance of 
pharmaceuticals); 
 training of producers in geographical indica tions (GIs) and collective marks (CMs) to 
raise their awareness of the economic interests involved; IP/C/W/555 
Page 15 
 
 
   training of pilot operators in licensing tec hniques and the use of patent documents to 
ensure technological monitoring of companies; 
 training of staff from ASPIT, the Food Technology Institute, ISRA, and academic 
circles in research and the use of industrial design documentation; 
 awareness raising of traditional healers and training to preserve the environment and 
traditional knowledge in order to safeguard the wealth and diversity of the natural 
cultural heritage; 
 IP training for employers and GI/CM experts; 
 IP documentation for employers, the Chamber of Commerce, Industry and 
Agriculture (CCIA), SME/SMI support structures, judges and judicial assistants; 
 organization of study trips for staff fro m ASPIT, ASPLA and research institutes; 
 enhancement of cooperation with foreign enforcement agencies on counterfeiting and 
piracy.  Financial and technical assistance is needed to ensure coordination of border measures between Senegal a nd its neighbouring countries.  A study should be 
undertaken to determine the feasibility of  establishing a network mechanism between 
countries for greater coordination and cooperation between the IP offices, and 
customs and police authorities; 
 strengthening of regional and international structures for technical assistance in the IP 
area (including training); 
 training of focal points (ASPIT, ITA, ASPLA, ISRA, UCAD and employers) and 
training of a group of journalists and orga nizers in IPR in order to disseminate IP 
culture within the country; 
 integration of IP teaching in the curricu la of Senegalese universities, advanced 
vocational training centres, the École national d'Administration (ENA), the Judicial 
Training Centre (CFJ), management schools, etc., as this will contribute to providing 
the country with senior managerial staff in the IP area.  The focus will be on 
supporting undergraduate, pos tgraduate and doctoral t eaching and supervision 
capacity and on investigating the socio-econom ic impacts, international experiences 
in other countries, and identification of the optimum legal and regulatory framework for their administration.  The subject ma tter to be covered would include the full 
range of intellectual property issues, including new and evolving areas, such as 
ensuring improved access to medicines, technology transfer concepts, protection of traditional knowledge, explo itation of geographical indications, access to genetic 
resources, and the evolution of  copyright and potentially new forms of rights in the 
digital environment. 
4. Innovation, creativity and tec hnology transfer for development 
 Strengthening of the human and material  capacity of approved seed companies in 
order to obtain quality seeds; 
 identification, coding and promotion of cu ltural expressions to preserve, protect and 
promote the national cultural heritage; IP/C/W/555 
Page 16  
 
   support for cultural industries by providing them with a secure , investment-friendly 
environment; 
 support for the IP programme of ADEPME and the Chambers of Commerce to 
encourage innovation and speed up the registration of patents with the African Intellectual Property Organization (OAPI); 
 development of business education and awareness about IP for SMEs.  There is a 
long-term need for technical and financial assistance for education and 
awareness-raising campaigns in basic IP concepts, using IP for development, and the 
management of IP, for SMEs across Senega l, but targeting the creative industries 
(copyright and related rights), in partic ular the agricultural (plant varieties, 
trademarks, geographical indications), commercial and manufacturing (trademarks 
and patents) sectors.  Activities shoul d be professionally designed and should 
appropriately target the different segme nts concerned and their support communities 
(e.g. creators of IP, business service providers, government research facilities, 
university researchers, and legal and financia l service professionals).  Finally, there is 
a specific need for technical and financ ial assistance to improve the quality and 
availability of local business consultancy and support organizations to offer improved 
services in IP management by SMEs in Sene gal, again targeting the sectors described 
above; 
 establishment of a technology monitoring centre and a technology transfer centre to 
help stimulate business innovation and crea tivity while favouring cooperation with 
foreign companies; 
 development of a patent information serv ice to support innovation and technology 
transfer.  Technical cooperation and fina ncial assistance are needed to design and 
implement a computerized and online patent information service in Senegal.  The 
patent information service should include the facility for advanced searching of 
up-to-date global patent databases to  identify technologies and technological 
information of importance for innovation and technology transfer to support industrial development in key sectors (e.g. manufacturing, energy, agriculture, mining, fisheries, and forestry). 
 making public domain technologies availabl e to the Research and Development 
Centres (R&DC), and creation of a museum of inventions.  Indeed, in the context of 
establishing and strengthening a domestic , creative and innovative base, it is 
important to attract technology and to abso rb and adjust it for local needs.  It is 
important to build upon knowledge av ailable within the public domain. 
 support for the activities of the National Agency for Applied Scientific 
Research (ARESA) and reduction in the cost  of patent registration.  This would 
enable ARESA to provide its  researchers with better s upport in their activities while 
at the same time helping them to make th eir results more secure, thereby contributing 
to the development of applied research. 
 
  
   IP/C/W/555
 Page 17Annex B 
 
Indicative Timetable 
 
STRATEGIC GOALS AND 
OBJECTIVES IDENTIFIED NEED S FOR TECHNICAL 
AND FINANCIAL ASSISTANCE PROPOSED MAIN ACTIVITIES TO 
ADDRESS NEEDS LEAD NATIONAL 
AGENCIES PROVISIONAL
TARGET 
TIMETABLE 
Project No. 1: 
 
Modernizing 
IP administration 
infrastructure  Developing an optimal business model for 
intellectual property administration in Senegal by benchmarking against international best practice. 
Establishment of the CNPCI, ASPLA and 
SGCDA.  Creation of CAIT. 
Development of human and material resources in 
the above-mentioned entities.  Creation of a National Council for the 
Coordination of Intellectual Property (CNPCI). 
 Creation of the Senegalese Agency 
for Literary and Artistic Property 
(ASPLA). 
 Creation of the Copyright Collective 
Management Society (SGCDA). 
 Creation of the Innovation and 
Technology Support Centre (CAIT). 
 Upgrading of the Ministry of Trade's 
analysis laboratory. 
 Supply of rolling stock and 
equipment to the services and 
authorities in charge of intellectual property matters. 
 Staff recruitment, design and 
implementation of training 
programmes. 
 Human resources development in the 
CNPCI, ASPIT, ASPLA, CNNCI and 
SGC. 
 Building and furnishing ASPIT and 
ASPLA headquarters.  Ministry of Industry 
 Ministry of Culture 
 Ministry of Health 
 Ministry of Scientific 
 Research 
 Ministry of Finance 
 Ministry of Foreign 
 Affairs 2011-2013  
  IP/C/W/555 
Page 18 STRATEGIC GOALS AND 
OBJECTIVES IDENTIFIED NEED S FOR TECHNICAL 
AND FINANCIAL ASSISTANCE PROPOSED MAIN ACTIVITIES TO 
ADDRESS NEEDS LEAD NATIONAL 
AGENCIES PROVISIONAL
TARGET 
TIMETABLE 
Project No. 2: 
 
Updating IP policy and legal 
framework  Coordination and development of national IP 
support policy. 
Strengthening of the IP policy and legal 
development and coordination capacity in the 
Ministries of Industry, Culture, and Trade. 
Accession to certain legal instruments. Support for the training of policymakers on IPR 
concepts, TRIPS and international IPR 
conventions. 
Support for IP legislative reform and policy 
coherence. 
Regular and effective participation of Senegal in 
meetings of the WTO TRIPS Council and WIPO 
as well as all related negotiations.  Adoption of laws on patronage and 
the status of the artist. 
 Development of domestic legislation 
on the practice of traditional 
medicine. 
 Accession to certain international 
conventions with a view to 
completing the national legal arsenal. 
 Coordination of the development of 
IP policy. 
 Creation of an IP observatory within 
the CNCPI. 
 Training for polic ymakers on IPR 
concepts, international IPR 
conventions and best practices from 
other countries.  Ministry of Industry 
 Ministry of Culture 
 Ministry of Justice 
 Ministry of Trade 
 Ministry of Health 
 Ministry of Agriculture 
 Ministry of Scientific 
Research 
 Universities 
 Civil society and private 
sector 2011-2013 
Project No. 3: 
 
Strengthening 
IP enforcement and 
regulation regime  Organization and implementation of 
communication/awareness-raising campaigns. 
Training and qualification of private and public 
sector attorneys and agents. 
Training of enforcement agencies and 
right-holders' organizations in IPR concepts, 
national legislation and IPR enforcement strategies. 
Enhancing cooperation w ith foreign enforcement 
agencies on counterfeiting and piracy. 
Development of a multidisciplinary IP policy 
teaching, research and analysis capacity in the 
academic community.  Design, implementation and 
monitoring of medium-term public education and awareness-raising 
campaigns on IPRs targeting different 
audience segments and using a range of media. 
 Strengthening of the National Bureau 
to Combat Piracy and Counterfeiting (BNCLP). 
 Design and implementation of 
medium-term training programmes 
for enforcement agencies, including classroom based and on-the-job 
training on national legislation and 
IPR enforcement strategies, training of trainers, and study trips. 
 Training of producers in geographical 
indications (GIs) and collective marks 
(CMs).  Ministry of the Interior 
 Directorate-General of 
Customs 
 ASN 
 Ministry of Trade 
 The National 
Gendarmerie 
 The Public Prosecutor's 
Office, administrative authorities 
 Private sector, Ministry 
of Health 2011-2013  
   IP/C/W/555
 Page 19STRATEGIC GOALS AND 
OBJECTIVES IDENTIFIED NEED S FOR TECHNICAL 
AND FINANCIAL ASSISTANCE PROPOSED MAIN ACTIVITIES TO 
ADDRESS NEEDS LEAD NATIONAL 
AGENCIES PROVISIONAL
TARGET 
TIMETABLE 
 Training of pilot operators in 
licensing techniques and the use of 
patent documents to ensure 
technological monitoring of companies. 
 Training of staff from ASPIT, ITA, 
ISRA and the UCAD in research and the use of documentation on 
industrial creation. 
 Awareness raising of traditional 
healers and training to preserve the environment and traditional 
knowledge. 
 IP training for employers and GI/CM 
experts. 
 IP documentation for employers, the 
CCIA, the SME/SMI support 
structures, judges and judicial assistants. 
 Enhancement of cooperation with 
foreign enforcement agencies on 
counterfeiting and piracy. 
 Access by the customs authorities of 
Senegal to World Customs 
Organization (WCO) databases that 
are used to identify counterfeit trademarks.  Technical cooperation 
from the WCO and Interpol would be 
required to establish this system and train staff in its use. 
 Training of focal points (ASPIT, ITA;  
ASPLA, ISRA, UCAD and 
employers);  training of a group of 
journalists and organizers in IPR in 
order to disseminate IP culture within the country.  
  IP/C/W/555 
Page 20 STRATEGIC GOALS AND 
OBJECTIVES IDENTIFIED NEED S FOR TECHNICAL 
AND FINANCIAL ASSISTANCE PROPOSED MAIN ACTIVITIES TO 
ADDRESS NEEDS LEAD NATIONAL 
AGENCIES PROVISIONAL
TARGET 
TIMETABLE 
 Integration of IP teaching in the 
curricula of Senegalese universities, 
advanced vocational training centres, 
the ENA, the CFJ, management schools, etc. 
Project No. 4: 
 Using IP for development, 
promoting innovation, 
creativity, and technology transfer  Improving business education and awareness 
about IP for SMEs, targeting the creative industries (copyright and related rights), and the 
agricultural (plant varieties, trademarks, 
geographical indications) and manufacturing (patents and trademarks) sectors in particular. 
Development of a patent information service to 
support innovation and technology transfer. 
Identification of a potential economic value of 
national creative and cultural industries. 
Development of IP management policies and 
procedures for national universities and research 
institutes.  Strengthening the human and material 
capacity of approved seed companies in order to obtain quality seeds. 
 Identification, coding and promotion 
of cultural expressions to preserve, 
protect and promote the national 
cultural heritage. 
 Support for cultural industries by 
providing them with a secure, investment-friendly environment. 
 Support for the IP programme of 
ADEPME and the Chambers of 
Commerce to encourage innovation and speed up the registration of 
patents with the OAPI;  development 
of business education and awareness about IP for SMEs. 
 Establishment of a technology 
monitoring centre and a technology 
transfer centre to help stimulate 
business innovation and creativity 
while favouring cooperation with foreign companies. 
 Development of a patent information 
service to support innovation and 
technology transfer. 
 Making public domain technologies 
available to Research and 
Development Centres (R&DC). 
 Support for the activities of ARESA 
and reduction in the cost of patent  Ministry of Industry 
 Ministry of Agriculture 
 Ministry of Scientific 
Research 
 Private sector 2011-2013  
   IP/C/W/555
 Page 21STRATEGIC GOALS AND 
OBJECTIVES IDENTIFIED NEED S FOR TECHNICAL 
AND FINANCIAL ASSISTANCE PROPOSED MAIN ACTIVITIES TO 
ADDRESS NEEDS LEAD NATIONAL 
AGENCIES PROVISIONAL
TARGET 
TIMETABLE 
registration. 
 Scoping study to examine domestic 
measures (tax incentives, etc.) to 
promote innovation and opportunities 
for technology licensing and 
contract-based research;  
development of local incentives for FDI;  design of support programmes 
in priority R&D sectors. 
 
__________