By Thrishni Subramoney

JOHANNESBURG--Are patents and copyrights helping or hindering development in Africa? That was the debate that took centre stage at the first session of the final day of the Common Sense conference currently underway at Wits University in Johannesburg.

Patents will increase economic growth, was the argument from Bhavini Kalan of the South African National Advisory Council on Innovation - who took the stage first. Kalan says applied correctly with governments having “walk-in” rights, to ensure that new innovations benefit the country, patents, can play a key role in growing small and medium size enterprises (SMMEs) and will support Black Economic Empowerment.

“Exclusive rights have become a bargaining chip for developing countries,” Kalan said.

However, Kalan’s argument was challenged from the floor, by Creative Commons founder, Prof. Lawrence Lessig. He accused the South African government of toeing the US line on the value of patents. He said there was “an assumption” adopted by the South African government that strengthening patents would foster innovation, when in fact they stood to harm creativity.

Another audience member also slammed the idea of patenting, saying it was restrictive in terms of the innovation on free software, making it impossible to write any reasonable code without violating some patent.

Francois Bar, from the Annenberg School of Communication at the University of Southern California said that the very lack of regulation surrounding wireless technology in the United States had in fact led to rapid and unique innovation. Bar’s presentation threw a light on wireless innovation that is taking the US by storm.

“Innovation and tinkering is something that happens when end users are allowed to play freely with technology,” Bar said. Illustrating his case, he revealed how wireless fanatics in the US had for some time used Pringles (a US brand of potato chips) cans to make wireless receivers. “The cans apparently were exactly the right size and shape to strengthen their wireless signals,” he said much to the amusement of the audience.

Probably with the strongest case for reviewing copyright laws on the continent, Achal Prabhala from the Access to Learning Materials in Southern Africa Project, said that the intellectual property rights were one of the greatest stumbling blocks in the quest for providing affordable education.

Prabhala says the Trade Related aspects of Intellectual Property rights agreement (TRIPS) Plus agreement being motivated for by the United States in trade talks with Southern African created a situation where poor countries would sell off their ability to buy affordable learning materials.

“If South Africa wants to buy a book which costs US$300 in the UK and US$1 in India, they cannot get the book from India, because the agreement bars parallel trade,” Prabhala said. He added that South African copyright laws were long-winded to say the least.

“If I was a teacher, I would flout copyright laws in this country because some of them are so obscure and confusing that it would be impossible to remember the terms,” Prabhala.

Also on the panel, Mogege Mosimege, from the South African Department of Science and Technology, says the intellectual property right sector needs to also acknowledge and protect the rights of holders of indigenous knowledge.

“Even though we want to move forward, we have to be careful not to trample on the main holders of indigenous knowledge – the majority of whom are from marginalised and impoverished communities,” Mosimege said.