Liberia: Does Boakai’s Nominee to LIPO Violate Intellectual Property Law?

The controversy surrounding President Joseph Boakai's appointment of Madam Garmai Koboi as the Director General of the Liberia Intellectual Property Office (LIPO) has sparked criticism from members of the Liberian National Bar Association (LNBA).

Questions have been raised about Madam Koboi's qualifications to lead the Intellectual Property Office, as the LNBA members cite the 2014 Repeal Act, which mandates that only lawyers should serve as the Director General.

Unfortunately, Madam Koboi holds a Master's degree in intellectual property and not in law, which credential she lacks. Section 1 (c) Title 1.1 entitled: “The Intellectual Property Act” provides that the director general shall possess the following minimum qualification and experience: a) be at least the minimum, a licensed Attorney-At-Law who has practiced law in Liberia for at least three years or has a bachelor's degree in intellectual property and has three years of managerial experience in intellectual property or b) be a licensed Counselor- At- Law with at least three years of managerial experience in intellectual property.

According to the LNBA, the Act requires the Director General to be a licensed lawyer with experience in intellectual property law, which differs from Madam Koboi's academic background in intellectual property without a law degree. The LNBA argues that legal expertise is essential for effectively handling intellectual property rights issues, including addressing infringement cases and tracking counterfeit goods.

However, point 1.1 (a) reads as though the nominee could either be a lawyer or a degree in Intellectual Property, while part (b) reads as though a combination of the two would work just as well. 

Meanwhile, the LNBA members express concerns that appointing a Director General without a legal background may undermine the integrity and transparency of LIPO's operations, as legal knowledge is crucial in enforcing intellectual property rights and prosecuting violations.

However, both Madam Koboi's parents Cllr. Koboi Johnson and Judge Ceianeh Clinton Johnson served in that position while in their private practices of the law.

As head of the Intellectual Property Office, the director general is empowered to protect and enforce the intellectual property rights of Liberia and to address any infringement of intellectual property rights.

Another cardinal responsibility, the critics argue, is to put in place a system to track and report on seizures of counterfeit goods or to prosecute intellectual property rights violations.

Because many Liberians are not familiar with intellectual property rights issues and do not understand what constitutes its infringement, it requires the expertise of a lawyer.

“Industrial property rights are prevalent, including unauthorized duplication of movies, music, and books. Vendors sell counterfeit drugs, apparel, cosmetics, mobile phones, computer software, and hardware openly, which call for a lawyer to occupy a said position,” the lawyers noted.

They also argued the new LIPO Director General’s track record of not being a lawyer threatens to undermine Boakai’s commitment to a merit-based system, integrity, transparency, and accountability.

The LNBA emphasized the importance of upholding a merit-based system and ensuring that qualified individuals are appointed to key positions in government agencies like LIPO. LIPO plays a significant role in protecting and promoting the works of inventors and innovators in Liberia through industrial property laws, ensuring that creators receive fair compensation for their intellectual property, and promoting fair competition in the market for copyright products and services. The agency registers and protects patents, trademarks, industrial designs, and other intellectual property rights, aiming to support innovation and economic development in Liberia.

Meanwhile, LIPO is a semi-autonomous governmental agency whose mandate is to protect and promote the works of inventors and innovators through the industrial property laws of Liberia in collaboration with global conventions, protocols, and treaties related to intellectual property rights protection to which Liberia is a signatory.

As part of its duties, LIPO ensures that creators benefit from their work and that the government benefits from a tax deduction on royalties. The establishment also encourages fair competition in the sale of copyrighted products and services.

Function and Role of the Liberia Industrial Property Office Protect and promote the works of inventors and innovators through the Industrial Property laws of Liberia in collaboration with conventions, protocols, and treaties relative to intellectual property rights protection to which Liberia is a signatory; Assure that all invented works innovative works are registered and protected at the advantage of the owners; Assure that the owners of such works benefit justly from their sale; Assure that government benefits from the tax deduction of royalties earned from the sale of such works.

The Industrial Property Office (IPO) registers and protects patents, trademarks, service names, industrial designs, traditional knowledge (herb, etc.), and geographic Indications. It encourages quality control and fair competition in the sale of copyrighted products and services.