WORLD TRADE  
ORGANIZATION  IP/C/W/523 
22 October 2008 
 (08-5119) 
Council for Trade-Related Aspects  
of Intellectual Property Rights  
 
 
 
PRIORITY NEEDS FOR TECHNICAL AND FINANCIAL COOPERATION 
 
Communication from Sierra Leone  
 
 
 The present document reproduces the inform ation which has been received from the 
Delegation of Sierra Leone by means of  a communication dated 28 September 2008. 
 
_______________ 
 
 
I. BACKGROUND 
A. THE TRIPS  COUNCIL DECISION OF 29 NOVEMBER 2005 
1. On 29 November 2005 the TRIPS Council extended the original TRIPS Article 66.1 
transition period1 for implementation of the TRIPS Agre ement by LDCs, from 1 January 2006 to 
1 July 2013.  
2. That decision called for LDCs to provide the WTO TRIPS Council, preferably before 
1 January 2008, as much information as possible on their individual priority needs for technical and 
financial assistance for implementing the TRIPS Agreement. 
3. Under TRIPS Article 67, developed country WT O Members have an obligation to provide 
technical and financial assistance to Sierra Leone and other developing countries for implementing the 
TRIPS Agreement. 
B. THE 2007  ASSESSMENT OF NEEDS FOR TECHNICAL & FINANCIAL ASSISTANCE FOR 
IMPLEMENTATION OF THE TRIPS  AGREEMENT IN SIERRA LEONE  
4. Sierra Leone took the initiative to r espond to the TRIPS Council Decision of 
29 November 2005, making use of a diagnostic tool kit and consultancy support from a pilot project 
undertaken by ICTSD and Saana Consulting in 20 07, with funding from the UK Department For 
International Development (DFID).  The pilot project completed a comprehensive needs assessment and stakeholder consultation exer cise in Sierra Leone in mid 2007.
2  
                                                      
1 The transition period applies to all TRIPS obligatio ns with the exception of Articles 3, 4 and 5.  The 
transition period does not affect a previous extension gi ven to LDCs not to apply obligations under sections 5 
and 7 of Part II of the TRIPS Agreement (patents and pr otection of undisclosed information) until the year 2016, 
which was granted by the Doha Declaration on th e TRIPS Agreement and Pu blic Health of 2001. 
2 A full technical and institutional appraisal is provided in the “Technical & Financial Cooperation for 
Implementation of the WTO TRIPS Agr eement in Sierra Leone: Final Report of Needs Assessment Diagnostic” , 
ICTSD-Saana Consulting, October 2007.  Available online at: http://www.iprsonline.org/ictsd/LDCneeds.htm  IP/C/W/523 
Page 2  
 
  5. The report of the needs assessment and cons ultation exercise identified the problems, 
challenges and key issues related to implementati on of the TRIPS Agreement as well as the long-term 
requirements for technical assistance and capacity bu ilding on the implementation of the objectives, 
principles, rights and obligations of the TRIPS Ag reement for Sierra Leone in four major areas: 
(a) IP policy, legal and regulatory framework; 
(b) Promoting innovation, technology transfer, cr eativity and using IP for development;  
(c) IPR administration infrastructure; and 
(d) Enforcement and regulation regime for IPRs. 
C. F
ORMAL SUBMISSION TO THE TRIPS  COUNCIL BY SIERRA LEONE , SEPTEMBER 2007  & 
FOLLOW -UP EXERCISE  
6. Based on this needs assessment, in Septem ber 2007, and in compliance with the 
29 November 2005 Decision of the TRIPS Council, Si erra Leone made a formal submission of its 
needs for technical and financial assistance to the TRIPS Council.3  
7. With encouragement from TRIPS Council Members and WTO Secretariat, and drawing on 
the experience of Uganda, in September 2008 Sierra Leone took the initiative to follow up the needs 
assessment by identifying the prio rity needs and translating these into a modest, initial two-year 
technical assistance project to en able the country to start taking forward the implementation of the 
TRIPS Agreement.4  
8. The project preparatory process was coordinated by the Ministry of Trade & Industry, which 
leads on all WTO matters in Sierra Leone, but with  the active collaboration and involvement of the 
key national stakeholders, including the Office of th e Administrator and Registrar General, Ministry 
of Tourism and Culture;  Ministry of Education, Science & Technology;  Ministry of Agriculture 
Forestry & Food Security;  Ministry of Health & Sanitation;  the Pharmacy Board of Sierra Leone; 
National Revenue Authority (Customs);  Sierra Le one Police (Criminal Investigation Division);  as 
well as the University of Sierra Leone and busin ess sector associations such as the Sierra Leone 
Business Forum, Chamber of Commerce and the Si erra Leone Indigenous Business Association. 
II. SIERRA LEONE’S REQUEST FOR A NATIONAL TECHNICAL ASSISTANCE 
PROJECT 
A. CONTEXT  
9. Despite the considerable challenges and sever e constraints identified, there is a strong 
commitment from the Government of Sierra Leone  for improving the overall trade and investment 
climate in the country.  A new Poverty Reduction Strategy Paper (PRSP), focused on growth and 
private sector development, is being completed, and Sierra Leone came top of the World Bank’s 
Doing Business indicators for 2008 in the West Africa region.  
10. At the same time, however, it must be recognized  that the pace of design and implementation 
of reforms is limited by the shallow levels of professional capacity within the key Ministries responsible for leading the trade and growth agenda. 
                                                     
 
3 See WTO document IP/C/W/499, 3 October 2007. 
4 This was done with the help of two independent experts from Saana Consulting and with financial 
assistance from DFID.  IP/C/W/523 
 Page 3 
 
 
  B. GOALS AND OBJECTIVES  
11. The overall goal of Sierra Leone’s  proposed national technical assistance project is to further 
integrate Sierra Leone into the global economy and world trading system by increasing the contribution of intellectual property towards the achievement of sustainable economic growth and 
reducing poverty. 
12. The specific purpose of the project is to upgrade the national system for intellectual property 
generation, protection, administration and enfor cement in Sierra Leone in line with TRIPS and 
applicable regional and inte rnational IP agreements. 
C. E
XPECTED RESULTS  
13. The main expected results from the propo sed project can be summarised as follows: 
(a) Improved legal context harmonized with objec tives, principles, rights, obligations and 
flexibilities set out in the WTO TRIPS Ag reement, as well as other applicable 
international and regional standards. 
(b) Strengthened administration services for industrial property rights and copyright 
available for enterprises, creators and inventors. 
(c) Increased awareness, understanding and use of industrial property and copyright in 
Sierra Leone. 
(d) Increased capacities for effective and e fficient enforcement and regulation of 
intellectual property rights amongst the Na tional Revenue Authority, police, public 
prosecutors and judiciary. 
D. PROJECT COMPONENTS AND ACTIVITY CLUSTERS  
14. To achieve the expected results and objectiv es, this initial project will support a number of 
activities under four main, inter-linked activity clus ters, focused on industrial property (particularly 
trademarks) and copyright, where a basic regime  already exists and where the IP infringement 
situation in the country is most problematic: 
(a) Cluster 1 - Updating the Policy,  Legal & Regulatory Framework 
(b) Cluster 2 – Increasing Awareness and Improving Education 
(c) Cluster 3 – Strengthening Administration 
(d) Cluster 4 – Capacity Building for Enforcement 
E. PROJECT IMPLEMENTATION & MANAGEMENT ARRANGEMENTS  
15. Upgrading the national system for protection, ad ministration, and enforcement of intellectual 
property rights in Sierra Leone in line with the TRIPS Agreement will be a long-term undertaking.  
The process should be addressed in a patient and su stainable manner, minimizing risks and transaction 
costs.  
16. Assistance for upgrading the national intellectual property system should also keep in step 
with the absorptive capacity of th e Government of Sierra Leone and the much greater challenges for IP/C/W/523 
Page 4  
 
  sustaining rapid, inclusive growth which face the country, given its extremely low levels of human, 
social and economic development. 
17. Project implementation will be supported a nd coordinated by a small management and 
coordination team, recruited through a single contract with a suitable Service Provider.  The project management team will be based in office space pr ovided by the Ministry of Trade & Industry, who 
will designate a senior official to have responsibility for the project.  
18. The project management team will work in cl ose cooperation with Development Partners and 
national stakeholders, particularly the Office of th e Administrator & Registrar General, Ministry of 
Tourism and Culture, Ministry of Agriculture, Forestry & Food Security and enforcement and 
regulatory authorities.  The Service Provider w ill be responsible for successful specification, 
management and coordination of a ll programme activities, financial management, procurement, work-
planning and reporting. 
19.  At this stage, the total cost of the project is provisionally estimated at USD $1.48m over 
2 years.  It is proposed that the project will be supported by technical and financial assistance from 
Development Partners using two main modalities: 
i. Technical assistance contributions may be provi ded as in-kind contributions by development 
partners to support specific project activities (e.g. study tours for Sierra Leone’s IP 
administration officials). 
 
and/or 
 
ii. Financial assistance to fund the cost of engagi ng an overall Service Provider to manage the 
implementation of the project on behalf of the Government of Sierra Leone, and reporting to 
the Ministry of Trade and Industry and the Project Steering Committee. 
 20. Development Partners, including potentially mu ltilateral organisations such as WIPO and 
WTO Members, will be requested to provide experts for specific project activities (e.g. training of 
customs officials in anti-counterfeiting operations).   The Service Provider will use financial support 
from Development Partners to procure consultanc y services from international and national experts 
and academics in the fields of IP policy, legislative drafting, administration, education and training, and enforcement. 
F. G
OVERNANCE , MONITORING , REVIEW AND EVALUATION  
21. The national project steering committee, comprising representatives from all concerned 
government agencies, the private sector, civil so ciety and Development Partners will oversee and 
validate the overall direction of the project.  
22. The project steering committee will review a nd endorse annual project  workplans and oversee 
project monitoring and evaluation reports, prepared by the Service Provider on a quarterly basis 
against the expected results  in each activity cluster. 
23. It is proposed that an external review of th e project and detailed design and costing of a Phase 
II project will be undertaken over a two-week peri od in Sierra Leone during month 18 of Phase I. 
G. IMPLEMENTATION TIMEFRAME  
24. The total implementation timeframe of the pr oject will be 24 months, commencing full scale 
implementation by June 2009 or earlier if possible, with completion by June 2011.  IP/C/W/523 
 Page 5 
 
 
  25. Dependent on the outcome of the external review  and detailed design, it is envisaged that the 
Phase II project could be implemented over a 3 year period, commencing June 2011. 
III. NEXT STEPS 
26. The Government of Sierra Leone requests imme diate consultations w ith developed country 
WTO Members, on the operationalising of Article  67 of the TRIPS Agreement, as well as WIPO, 
WCO and UNCTAD and the Enhanced Integrated Fram ework Secretariat, with a view to securing 
technical and financial assistance for implementation of the proposed IP4SL project.  
27. A draft project document has been prepared by the Government of Sierra Leone for the above 
mentioned proposed national technical assistance proj ect on intellectual property rights and the TRIPS 
Agreement.  The draft project document can be ma de available to WTO developed country Members 
and interested international organizations as a b asis for taking forward the requested consultations. 
 
__________