Ministry of the industry and of MINES Decree No. 2015-776 June 02, 2015 Decree No. 2015-776 02 June 2015 on the establishment, organization and functioning of the National Commission for Coordination and development of intellectual property (CNCDPI) report of PRESENTATION innovation process, product or organization, as well as intellectual property rights that protect have become the key competitiveness and growth factors. As such, their recovery is a major issue of economic and social development.
Also, Senegal has it committed through its competent services in the implementation of a national strategy of development of the intellectual property developed in the form of a national plan of development of the intellectual property.
This implementation requires the creation of a consultation mechanism, consultation and implementation consistency interventions advocated by this plan.
Meanwhile, at its 48th session, the governing body of the Organisation Africaine de la Propriété Intellectuelle (OAPI), urged each Member State to put in place a national framework of coordination for the development of intellectual property to contribute to the materialization, nationally, of the new orientation of the OAPI which specifically notarial function wishes, in addition, to support development issues.
He added the strong recommendations of the international seminar in dakar on 27 and 28 December 2012.
As a result, Senegal opted for a mechanism for implementation of the projects envisaged by the National Development Plan of intellectual property (PNDPI). This device takes the form of a National Commission for Coordination and development of intellectual property (CNCDPI), established by Decree in view of the importance of the coordinating role of the National Commission.
The National Commission, whose composition is broadly to involve all the actors who can contribute to the development of intellectual property, will be responsible for conntribuer to the promotion of a culture of intellectual property and improve the consistency and the content of the policies implemented.
This Decree will enable Senegal to have an effective instrument for a better ensuring the consistency of its directions and its actions on intellectual property.
Such is the economy of the draft decree.
The President of the Republic, pursuant to the Constitution including in articles 43 and 76;
Saw the Bangui agreement of 02 May 1977 establishing the African organization of intellectual property (OAPI), revised February 24, 1999;
Having regard to Act No. 72 - 40 of 26 January 1972 establishing the Senegalese Copyright Office;
Having regard to Act No. 2008-09 of January 25, 2008, on copyright and neighboring rights;
Mindful of Decree No. 2006-1398 of 28 December 2006 concerning creation of the national Brigade to combat piracy el counterfeiting;
Mindful of Decree No. 2012-115 of January 19, 2012 instituting and establishing rules of organization and supply of the Senegalese Agency for intellectual property and Technological Innovation;
Mindful of Decree No. 2014-853 09 July 2014 on the distribution of the services of the State and control of public institutions, national companies and companies with public participation between the Presidency of the Republic, the Prime Minister's Office and the ministries, amended by Decree No. 2015-299 06 March 2015.
Having regard to Decree n ° 2014-878 of July 22, 2014 on the powers of the Minister of industry and Mines;
The report of the Minister of industry and Mines;
Ordained: Chapter i. - establishment and status Article 1. -It is created a coordinating body of the national policies and strategies referred to as intellectual property National Commission for Coordination and development of intellectual property.
It is placed under the authority of the Minister of industry and Mines and under the financial supervision of the Ministry of finance.
S. 2. - the National Commission for Coordination and development of intellectual property is an instance of dialogue and consultation in the field of literary and artistic creativity, the development of industrial property and innovation.
Chapter II. -Missions of the Commission national art. 3. - the National Coordination and development of the intellectual property Commission is responsible for:-to participate in the promotion of a genuine culture of intellectual property and better integration of traditional knowledge, genetic resources and cultural expressions traditional, geographical indications, of access to resources and benefit-sharing;
-to contribute to the definition of the guidelines for intellectual property development programs;
-to participate through its opinions and recommendations to improve consistency and the contents of the national intellectual property system;
-to contribute to the function of observing the exercise and respect of intellectual property rights;
-to issue on consultation or at its initiative, proposals or recommendations on all matters relating to intellectual property.
Chapter III. -Composttion and of the members of the Commission national art. 4. - the National Commission for Coordination and development of the intellectual property is composed of the following members:-a representative of the Minister in charge of industry, President;
-one representative of the President of the Republic, 1st Vice President;
-a representative of the Prime Minister, 2nd Vice President;
-one representative of the President of the ' National Assembly;
-a representative of the President of the Economic Council, Social and environmental;
-a representative of the Minister in charge of health;
-a representative of the Minister in charge of Justice;
-a representative of the Minister in charge of Foreign Affairs;
-a representative of the Minister in charge of finance;
-a representative of the Minister in charge of Agriculture;
-a representative of the Minister in charge of the research;
-a representative of the Minister in charge of Culture;
-a representative of the Minister in charge of trade;
-a representative of the Minister in charge of tourism;
-a representative of the Minister in charge of crafts;
-a representative of the Minister in charge of Sports;
-one representative of the Senegalese Agency for intellectual property and Technological Innovation;
-a representative of the Agency in charge of the protection of copyright;
-one representative of the national Brigade to fight against piracy and counterfeiting;
-one representative of the inventors;
-one representative of the employers.
The President of the national think may invite all persons, due to skills issues to consider to take part in the meetings with voice but without vote.
S. 5. - the mandate of the members of the Committee is three years, renewable. The mandate ends at the normal expiration of its duration, by death or resignation. It takes also end as a result of loss of quality that motivated the designation or revocation following a foul by serious or actions incompatible with the function of Member of the Commission.
In case of death while in office or in all cases where a member the Commission is no longer able to carry out its mandate, it is provided, on the proposal of its administration or body it represents, its replacement for the period of the term.
Chapter IV. -Organization and functioning of the Commission national art. 6. - the National Commission includes its members an Executive Committee responsible for the implementation of the missions and the follow-up of its decisions and recommendations. This Committee is composed of representatives of the following structures:-a representative of the Ministry of health;
-one representative of the Ministry of Justice;
-a representative of the Ministry in charge of Culture;
-one representative of the General Directorate of customs;
-one representative of the Senegalese Agency for industrial property and Technology Innovation;
-a representative of the Agency in charge of the protection of copyright;
-a representative of the Association of Presidents of departmental councils;
-a representative of the Association of mayors of Senegal;
-one representative of the employers.
Each represented structure denotes a holder and one alternate.
S. 7. - the National Commission meets in regular session once a year, convened by its Chairman. The National Commission may meet in extraordinary session upon convocation by its Chairman.
The Executive Committee meets once per quarter and submits to the National Commission an annual monitoring and assessment report.
The convocation, the agenda and the relevant files, are sent to each Member at least fifteen days before the meeting.
The National Commission shall validly deliberate on all its agenda items only if two-thirds, at least, of its members are present.
If necessary to deliberate quorum is not reached at the first convocation, it is reduced to a simple majority for the following convocations which is reduced to eight clear days.
The National Commission's decisions are taken by a simple majority of the votes of the members present.
In the event of equality of votes, the presiding officer is predominant.
The National Commission's deliberations subject of a procès-verbal signed by the President and the Secretary of meeting. Also, this report mentions the names of the members or their deputies present at the meeting, as well as those of persons invited in an advisory capacity.
The deliberations are recorded in a special register initialled by the President and a member of the National Commission.
Extracts of the proceedings are sent within five days of the meeting of the National Commission to the represented authorities.
S. 8 - the Secretariat of the Commission is provided by the Secretary General of the Senegalese Agency for industrial property and I' Technological Innovation.
Chapter V. - Provisions financial arts. 9. - during the sessions the members of the National Commission perceive benefits session amounts shall be determined by order of the Minister in charge of the economy, finance and the Plan.
S. 10 - the necessary resources for the functioning of the National Commission are included in the State budget. Resources are, in addition, made bequests, donations and other revenues authorized by laws and regulations.
The National Commission may support technical or financial institution national, sub-regional, regional or international.
These resources are housed the Agent accounting individual to the Senegalese Agency for intellectual property and Technological Innovation, administered by the Executive Committee and are subject to the rules of public accounting. Her breast, the Executive Committee elects a President that, at the same time acts as authorising officer.
The operating costs of the Executive Committee are supported by the budget of the National Commission.
S. 11. - the Executive Committee develops and enforces the rules after its validation by the National Commission.
S. 12. - the Minister of economy, finance and the Plan, the Minister of industry and Mines and Minister of Culture and Communication are responsible, each in relation to the implementation of this Decree which shall be published in the Official Journal.
Made in Dakar. June 02, 2015.
By the President of the Republic: Prime Minister Mahammed Boun Abdallah DIONNE