Expression of Interest (EOI)

Consultancy to conduct a gap assessment study on the implementation of the provisions of the AfCFTA Intellectual Property Rights protocol

Reference Number: 83458017

Publication date: 22.01.2024 

1. Introduction

The Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH is a federally owned international cooperation enterprise for sustainable development with worldwide operations. The GIZ Office in Kigali covers GIZ’s portfolio in Rwanda and Burundi. GIZ Rwanda/Burundi implements projects on behalf of the German Federal Ministry for Economic Cooperation and Development, the European Union and other commissioning authorities in the following priority areas: Sustainable Economic Development; Good Governance; Climate, Energy and Sustainable Urban Development; Digitalization and Digital Economy; and regional projects in the Great Lakes Region.

2. Context  

The AfCFTA is the world’s largest free trade area bringing together the 55 countries of the African Union (AU) and eight (8) Regional Economic Communities (RECs). As part of its mandate, the AfCFTA is to eliminate trade barriers and boost intra-Africa trade and advance trade in value-added production across all service sectors of the African Economy. The AfCFTA will contribute to establishing regional value chains in Africa, enabling investment and job creation. The practical implementation of the AfCFTA has the potential to foster industrialization, job creation, and investment, thus enhancing the competitiveness of Africa in the medium to long term.

Through the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ), Germany currently provides technical support to the African Union Commission (AUC), specifically to the Department of Economic Development, Trade, Tourism, Industry and Minerals (ETTIM) and the AfCFTA Secretariat, with its project “African Continental Free Trade Area (AfCFTA)”. The project’s main objective is to strengthen the framework conditions for intra-African trade. Besides the outstanding topics of AfCFTA Phase I on Trade in Goods and Trade in Services, phase II and III issues, such as Investment, competition policy, Intellectual Property Rights, and digital trade are supported. Furthermore, involvement of the private sector and civil society are supported. 

To this end, the project pursues a multi-level approach on the continental level working with the AUC DTI and AfCFTA Secretariat, at the regional level supporting Regional Economic Communities (RECs), and the national level, specifically in the projects focus countries, like Rwanda.  

3. Rationale

Recognizing the critical role played by IP in promoting innovation and fostering economic development in an increasingly knowledge-driven global economy, African countries have invested in establishing national IP regimes, and are party to several international treaties. However, the IP space in Africa remains significantly fragmented, with a plethora of initiatives and instruments at regional and continental levels. This is a major obstacle to the implementation of the AfCFTA. It also undermines the ability of African designers, artists, entrepreneurs and innovators to reap the profits of their creations, and thus the possibility of fully unleashing the creative economy on the continent.

The adoption of the IP Protocol is a step in the right direction. It aims to support the realization of the objectives of the AfCFTA by establishing harmonized rules and principles on the promotion, protection, and enforcement of IPR. The Protocol covers a comprehensive array of IPRs including plant variety protection, geographical indications, marks, patents, utility models, industrial designs, undisclosed information, layout designs of integrated circuits, copyrights and related rights, traditional knowledge, traditional cultural expressions, and folklores, as well as genetic resources. The Protocol espouses the notion of the preservation of the acquis at national, regional and multilateral levels by providing a framework compatible with prior international IP treaties.

A prominent feature of the Protocol is its development-oriented and pan-African approach, aiming to strike an appropriate balance between IP protection, advancement of public welfare, and the promotion of African interests. Moreover, the Protocol has a strong emphasis on technical assistance, multi-layered cooperation and capacity building in the administration and enforcement of IPR, a forward-looking perspective addressing emerging technologies, and special attention to the needs and interests of micro, small and medium enterprises, as well as women and youth entrepreneurs.

In Rwanda, there is an Intellectual Property Policy which is currently being revised. A conducive policy and legal environment will strengthen the processes and mechanisms for the protection and enforcement of the IPR in Rwanda. The AfCFTA protocol on Intellectual Property on the other hand has enormous potential to stimulate innovation, fostering technology collaboration among firms and individuals along continental value chains, and unleashing a sustained wave of intra-African investment to support expanded and sophisticated trade under the AfCFTA.

Rwanda signed and ratified the AfCFTA agreement and is currently keen to implement the AfCFTA commitments including the implementation of the AfCFTA protocol on Intellectual Property.

4. Objectives and scope of the assignment.

To prepare an assessment report detailing the existing gaps in Rwanda in line with the provisions of the AfCFTA protocol on Intellectual Property Rights. The assessment report will suggest possible strategies, implementation modalities and specific recommendations of bridging the identified gaps to successfully implement all the provisions of the AfCFTA protocol on Intellectual Property Rights. 

A. Specific tasks to be performed by the contractor.

• Examine the existing national policies, strategies, laws and regulations on Intellectual Property Rights and the Provisions of the AfCFTA on IPR.
• Conduct gaps need assessment on the implementation of the existing policies, strategies laws and regulations on IPR.
• Identify gaps between national laws protocol on IPR. Assessment of how Rwanda Development Board (RDB), Ministry of Trade and Industry (MINICOM), Ministry of Youth and Culture (MyCulture) and other responsible institutions implement regional commitments relating to Intellectual Property Rights.
• Assessment of how harmonization is done between the National Intellectual Property Rights Policies, strategies and laws and the with the ones of IP regional (ARIPO) and international blocks (WIPO &WTO) where Rwanda is a member
• Proposal of how national laws and regulations can be harmonized with the provisions of the AfCFTA Intellectual Property protocol
• Propose policy recommendations to bridge the identified gaps in the implementation of the existing laws and regulations relating to IPR
• Propose recommendations to bridge the identified gaps in the implementation of the provisions of the AfCFTA protocol on IPR.

The scope of work for the consultancy shall cover all activities necessary to accomplish the stated objectives of the project, whether a specific activity is cited in these terms of reference or not. During the first week of the assignment there will be an inception meeting between all parties (the consultant, GIZ, MINICOM, RICA and other relevant stakeholders) to introduce the assignment, clarify any open questions and to further determine the scope of work and the way forward (activities).

The contractor is responsible for providing the following.

• The consultant is expected to produce an inception report with a detailed workplan and methodology.
• Zero draft of the gap assessment report with findings and implementation plans for review by all stakeholders
• Final draft of the gap assessment incorporating inputs from stakeholders
• Preparation and technical facilitation of the validation workshop of the gap assessment report.

B. Period of Assignment

The assignment is expected to be implemented within the period of 1^st April – 30^th May 2024. The total number of estimated days is 25 working days. The assignment requires physical presence in Rwanda (Kigali) as the study implies interviews with all relevant stakeholders and onsite research. 

These milestones, as laid out in the table below, are to be achieved within the contract period. These milestones are for both the assessments.

C. Personnel concept

The Consultant firm will provide a lead consultant and 1 expert. 

The consulting firm should have a long-standing experience working in areas of Intellectual Property Rights, trade policy, regional and international trade.  Additionally, the consulting firm or individual consultants should understand the free trade agreements especially the African Continental Free Trade Area (AfCFTA) matters and the WTO agreement on Intellectual Property Rights. The firm should also show previous experience working with other cooperating partners in the areas of IPR and Free trade agreements.

In the offer, the contractor is required to show how the objectives defined (Tasks to be performed) are to be achieved, if applicable under consideration of further method-related requirements (technical-methodological concept). 

The consultant team shall consist of one lead consultant and one expert. 

Qualifications of the lead consultant 

• 2.1.1 Graduate qualification in Economics, intellectual property, International Business, law, international trade and any other related field.
• 2.1.2. Fluent in spoken and written English (must be stated in the CV)  
• 2.1.3 A minimum of Ten (10) years of experience in a field related to IPR and proven track record in working on IP laws,
• 1.4 Experience (at least five (5) years) in dealing with IPR issues at governmental level and Proven ability to develop trade related studies, IPR – at least 2 reference projects completed
• 1.5 Must have led at least 3 projects in trade related studies
• 1.6 Proven experience to having participated in AfCFTA matters particularly the AfCFTA protocol on IPR – at least 3 similar assignments with proof.

Qualifications of the Expert

• 2.2.1 University degree in Economics, International relations, business law, International Trade, and other related fields, post graduate qualification in intellectual property will an added advantage
• 2.2.2 Fluent in spoken and written English (must be indicated in the CV) 
• 2.2.3 Seven (7) Years’ Experience in analytical works and economic analysis, designing and implementing IPR and trade policies. 
•  2.2.4 Proven ability to develop trade related studies, IPR – at least 2 reference projects completed
• 2.2.6 Proven experience to having participated in AfCFTA matters particularly the AfCFTA protocol on IPR- at least 3 similar assignments with proof. 

D. Technical-methodological concept. 

Strategy (1.1): The contractor is required to consider the tasks to be performed with reference to the objectives of the services. Following this, the contractor presents and justifies the explicit strategy with which it intends to provide the services for which it is responsible (Tasks to be performed).

The contractor is required to present the actors relevant for the services for which it is responsible and describe the cooperation (1.2) with them.

The tenderer is required to present and explain its approach to steering the measures with the project partners (1.3.1) and its contribution to the results-based monitoring system (1.3.2).

The contractor is required to describe the key processes for the services for which it is responsible and create an operational plan or schedule (1.4.1) that describes how the services (Tasks to be performed by the contractor) are to be provided. In particular, the tenderer is required to describe the necessary work steps and, if applicable, take account of the milestones and contributions of other actors (partner contributions) (1.4.2).

The tenderer is required to describe its contribution to knowledge management for the partner (1.5.1) and GIZ and to promote scaling-up effects (1.5.2) under learning and innovation. 

E. Project management of the contractor (1.6)

The tenderer is required to explain its approach for coordination with the GIZ project. 

F.Inputs of GIZ

GIZ will assume the costs for the venue for the validation workshop and the catering during the workshop. 

G. Submission of offer

The Expression of Interest should contain the following: 

A. Technical Proposal:

• A cover letter expressing your interest in this assignment
• Technical proposal with a brief description of why you would be considered as the most suitable for the assignment, relevant expertise, and a detailed, clear methodology, your approach to complete the assignment, template attached.
• CVs of the Experts proposed.
• Company registration certificate (RDB)
• VAT-Registration
• Latest tax clearance certificate
• Proof of successful completion of related assignments, and previous assignment related to intellectual property will be an added advantage 

B. Financial Proposal: The price per service category must contain all relevant costs supported by a breakdown of each cost. The costs must be in RWF and VAT 

Please submit electronically your EoI (technical & Financial offer) in 2 separated emails and should be in PDF files to this email ONLY: RW_Quotation@giz.de  until latest 07^th February 2024

Please you must write on each email subject this sentence: 

83458017 Technical/financial offer, without this sentence, your offer may not be considered

Hard copies are not allowed this time

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