Job: Consulting Opportunity

Location: Jakarta, Indonesia 
Deadline: Monday, 23 September 2013 

Description

Consulting Opportunity – Facilitation of AANZFTA Policy Workshops on Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions (GRTKTCEs) and Development of a Policy Framework Paper on IP and GRTKTCEs

Project Title: Policy Workshops on IP and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions

Reference Code: [AANZ-0046-IP-08]

I. Project Title and Summary

On 21 June 2013 the FTA Joint Committee endorsed the ASEAN-Australia-New Zealand FreeTrade Area (AANZFTA) Economic Cooperation Work Program (ECWP) project on PolicyWorkshops on Intellectual Property (IP) and Genetic Resources, Traditional Knowledge andTraditional Cultural Expressions (GRTKTCEs). The broad goal of the project is to increaseknowledge of the potential role of IP principles and systems in the protection of GR, TK andTCEs, in order to assist ASEAN Member States (AMS) to develop policy responses to preventmisappropriation and to ensure any benefits from commercialisation are appropriately shared. This knowledge will enable AMS to be better informed when making domestic policydecisions on IP and GRTKTCEs and will also assist countries in the region to engage fully ininternational discussions on these issues.

In order to achieve the overarching goal, policy workshops will be conducted on: 1) IP andGRTK, with particular emphasis on sharing current approaches to protection of theseresources in the AANZFTA region, and discussing and agreeing on the key policy issues in thisarea; and 2) IP and TCEs, with a similar emphasis to the GRTK workshop. In addition, a Post-workshop Report of discussions and a Policy Framework Paper will be produced, in order toassist AMS to make informed policy decisions and to engage in international negotiations onthese issues in the World Intellectual Property Organization (WIPO) forum and in otherinternational and regional fora.

II.Purpose of the Assignment

The ASEAN Secretariat seeks proposals for consultancy services for the following activities:

(1) Drafting pre-workshop questionnaire(s) to gain a better understanding of currentapproaches to protection of GRTKTCEs in each jurisdiction, namely AMS, Australia andNew Zealand;

(2) Planning and facilitating a policy workshop on IP and GRTK and another policyworkshop on IP and TCEs;

(3) Drafting Post-workshop Reports of Discussions (or Summary of Outcomes), including asurvey of Current Approaches to IP and GRTKTCEs in AANZFTA countries; and

(4) Developing a Policy Framework Paper on IP and GRTKTCEs.

III. Key Beneficiaries of the Activity

The key beneficiaries of the project are the national IP Offices of AMS, other relevantgovernment ministries responsible for IP and GRTKTCEs policy matters and indigenouscommunities in AMS. The Post-workshop Report of Discussions (or Summary of Outcomes), including Current Approaches to IP and GRTKTCEs will provide AMS with a greaterappreciation of the key policy issues and how these issues are currently being addressed inother jurisdictions. The Policy Framework Paper on IP and GRTKTCEs will go one step furtherand provide AMS will greater detail on key policy issues that need to be considered andaddressed prior to development of domestic legislative or other regulatory responses and toallow for more informed discussion in international debates on these issues.

IV.Scope of Work and Required Activities

The project will be carried out through:

a. 2 policy workshops each on (i) IP and GRTK; and (ii) IP and TCEs, with particularemphasis on sharing current approaches in the region and discussing the key policyissues in the respective areas;

b. Policy framework paper on IP and GR, TK and TCEs to enable each country to makefully informed decisions about appropriate domestic policy responses to these issuesand to assist AMS to effectively engage in the international debate.

The Consultant is expected to: develop a questionnaire on current approaches to protectionof GRTKTCEs in each jurisdiction, analyse the results and present those results during thepolicy workshops; facilitate the policy workshops; and using the information collectedthrough the questionnaire and policy workshops, deliver Post-workshop Report/s and a Policy Framework Paper. In order to deliver these components of the project, the Consultantwill work closely with the Directorate General Intellectual Property Rights (DGIPR) ProjectManager, the AANZFTA IP Expert, and through the ASEAN Secretariat, all IP Officials fromAMS (through the ASEAN Working Group on Intellectual Property Cooperation and/orAANZFTA IP Committee) to fully understand regional activities and needs.

Specifically, the Consultant is expected to undertake the following:

a. Author a Current Approaches to Protection of GRTKTCEs Questionnaire to gain agreater understanding of current: policies, laws and mechanisms for protection ofGRTKTCEs; interaction of these mechanisms with the IP systems in AMS, Australia and New Zealand; and any future plans AANZFTA Parties have for protection of GRTKTCEs.In consultation with the Project Manager and ASEAN Secretariat, the Consultant isexpected to add any additional issues to the questionnaire that he/she feels wouldassist in understanding current approaches in the region.

b. Analyse the responses to the Current Approaches to Protection of GRTKTCEsQuestionnaire and present these results during the Policy Workshops.

c. Act as the facilitator and make appropriate presentations during the Policy Workshops. Prior to the workshops the Consultant will work with the Project Managerfrom the DGIPR to design the agenda of the meeting.

(Note: the DGIPR Project Manager, with the support of the ASEAN Secretariat, will beresponsible for the initial part of the meeting, i.e. welcoming participants and outliningthe aims of the project. DGIPR and the ASEAN Secretariat will also be responsible for all logistical and practical arrangements surrounding the event. The principle role ofthe Consultant will be to present the results of the questionnaire, facilitate thebrainstorming discussion and record outcomes).

d.Utilising the information collected through the questionnaire and Policy Workshopsprepare the Post-workshop Report of Discussions (or Summary of Outcomes),including Current Approaches to IP and GRTKTCEs. The report should include:

i. Key discussion points and outcomes from the policy workshops and possibleareas of recommendation;

ii. High-level key policy issues surrounding IP and GRTKTCEs;

iii. Information on how IP and GRTKTCEs is being addressed in each jurisdiction;and

iv. A summary of the current state-of-play in the WIPO IGC discussions (Note: thiscan be taken from the WIPO presentation, which will be delivered during thepolicy workshops and from a conversation with the WIPO representative to theworkshops).

e. Utilising the information collected through the questionnaire and Policy Workshopsprepare the Policy Framework Paper on IP and GRTKTCEs, containing, but not limited to:

i.How to determine IP and GRTKTCEs policy objectives;

ii.Details of key policy issues to be considered, including Ownership and Culturalidentity, the Public Domain and Legal Certainty; and

iii. Model policy framework.(Note: The Policy Framework Paper is not aimed at recommending any particularpolicy changes or outcomes, but instead providing information on the policyconsiderations that should be addressed on IP and GRTKTCEs as part of the policydevelopment process. The consultant should add any additional issues to the paperthat he/she feels would address this objective.)

f. Submit the final draft Policy Framework Paper on IP and GRTKTCEs to the AANZFTAIntellectual Property (IPC) Co-Chairs for endorsement and make a presentation of keyfindings to the AANZFTA IPC via video or teleconference.

V. Qualifications of the Consultant

The following qualifications will be considered when consultant proposals are received:

• The Consultant or team of consultants should have a least ten (10) years experiencein IP policy development and/or as a policy advisor to government/s.
• The Consultant or team of consultants should have specific experience working on IPand GRTKTCEs issues.
• Experience in the WIPO IGC would be an advantage.
• The Consultant or team of consultants should have experience working with IPOffices in the ASEAN or similar region.

VI Project Management Arrangements

The Project will be implemented in accordance with the ECWP Project Management Guideand Templates (June 2011) and the ASEC rules and regulations, as appropriate.

The funds will be released in three (3) tranches, as follows:

• First payment representing 40% of the Total Contract Amount, following delivery ofthe policy workshops, which will take place from 3-8 February 2014.
• Second payment representing 20% of the Total Contract Amount, followingsubmission of the Post-Workshop Report/s, which is due on 10 March 2014.
• Third and final payment representing 40% of the Total Contract Amount followingsubmission of the Policy Framework Paper, which is due on 30 May 2014.

VII Timeline

Deliverable

• Consulting opportunity advertised - Deadline - 2 September 2013
• Consultant proposals submitted- Deadline - 23 September 2013
• Contract signed with successful consultant- Deadline - 25 November 2013
• Provisional agendas of the policy workshops finalised in- Deadline - 6 December 2013
• consultation with the DGIPR Project Manager- Deadline - 6 December 2013
• Questionnaire developed and distributed- Deadline - 13 December 2013
• Final agendas produced13 January 2014Policy workshops delivered - Deadline -3 to 8 February 2014
• Post-workshop Report delivered - Deadline -10 March 2014
• First draft of the Policy Framework Paper delivered- Deadline -21 April 2014Final draft of the Policy Framework Paper delivered- Deadline -30 May 2014
• Presentation of key findings to AANZFTA IPC delivered-TBA

VIII.Submission of Proposals

The application should include the consultant's qualifications and expertise, particularly:

• A brief discussion, in the Consultant's own words, of his/her understanding of thepurpose of the assignment;
• Summary information on how the Consultant intends to approach the project,including how he/she will conduct the workshops, and from the Consultant'sexperience, which headline issues should be included in the Policy Framework Paper(Note: In designing this project it was assumed that each policy workshop would runfor 3 days, back-to-back, acknowledging that the participants in each workshopwould potentially be from different parts of government and that some of the issueswould be different. If the consultant has an alternative approach to the workshopsinvolving some common sessions for all participants and some concurrent sessionson IP and GRTK, and separately on IP and TCEs, please include this in your proposal);
• A summary work plan setting the activities that the Consultant will undertake,including timelines and deliverables;
• Past experiences in undertaking similar work and brief summaries of all projectsundertaken relevant to IP principles and systems in the protection of GR, TK andTCEs;
• Evidence of the Consultant's qualifications and expertise, including related projectsand list of agencies the consultant previously worked with if available;List of relevant publications and links to their websites;
• Proposed rate for the consultancy, noting that it should not exceed the rateprovided below;
• Names and curriculum vitae of all personnel who will be engaged in theperformance of the services; and
• Professional reference list preferably within AANZFTA Parties and relevant to thearea of assignment as well as with relevant international organizations asappropriate.

The application shall include the cost of consultancy, with itemized details as follows:

(a) consultancy fees for (i) development of questionnaire, including analysis of the result,(ii) facilitating the workshops, including preparation of agenda, presentations of initialanalysis in the workshop, provision of technical expertise in the workshop anddelivery of a Post-workshop report/s; (iii) delivery of Policy Framework Paper, withunit cost and the number of days;

(b) detailed miscellaneous charges, if required (e.g., communications costs).

The cost of travel and accommodation for the consultant/s, as may be required by theASEAN Secretariat, shall be paid based on actual costs and borne by the Project Fund andneed not be part of the cost estimates for the purpose of applications.

The total amount of the contract for the assignment shall not exceed AUD 32,000.00(excluding travel and accommodation costs for the policy workshops, which will be held overa 6-day period in Indonesia from 3-8 February 2014). Travel, accommodation costs and adaily subsistence allowance may be provided for up to two Policy Consultants.

Interested applicants/experts are invited to respond to this advertisement electronically by 23 September 2013.

More Info and Application