The clock is ticking for the Sustainable Development Goals: A geographical indications-based intervention in the quest to end poverty

The clock is ticking for the Sustainable Development Goals: A geographical indications-based intervention in the quest to end poverty

by | Feb 16, 2026 | SAIPLJ, SAIPLJ 2025 SE

The clock is ticking for the Sustainable Development Goals: A geographical indications-based intervention in the quest to end poverty

Author Tendai Mikioni

ISSN: 2521-2591
Affiliations: Doctoral Researcher, South African Research Chair: Intellectual Property, Innovation and Development, University of Cape Town
Source: South African Intellectual Property Law Journal, 2025, p. 108-124
https://doi.org/10.47348/SAIPL/v13/i2a5

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Tendai Mikioni
The clock is ticking for the Sustainable Development Goals: A geographical indications-based intervention in the quest to end poverty
South African Intellectual Property Law Journal, Volume 13 Issue 2, p. 108-124
https://doi.org/10.47348/SAIPL/v13/i2a5

Abstract

With less than five years remaining before the 2030 deadline, the world finds itself significantly off-track, particularly in realising Sustainable Development Goal 1: Ending poverty in all its forms everywhere. This paper investigates how intellectual property (IP) law, specifically geographical indications (GIs), can be leveraged as a strategic tool in the fight against poverty. By focusing on GIs, a unique form of IP that links products to their geographic origin and associated qualities, the paper highlights their developmental potential beyond commercial protection. Through a multi-jurisdictional analysis, including Penja Pepper (Cameroon), Gambian cashews, Darjeeling tea (India), and Karoo Lamb (South Africa), the study demonstrates both the realised and unrealised opportunities of GIs in uplifting communities and fostering local economies. While acknowledging that GIs alone cannot eradicate poverty, the paper argues that they can play a meaningful role in its alleviation by enabling sustainable livelihoods and economic resilience. One highlights the need to harness GIs as part of a broader strategy to meet SDG 1.

The clock is ticking for the Sustainable Development Goals: A geographical indications-based intervention in the quest to end poverty

AfCFTA and the calibration of trade mark post-registration use requirements

by | Feb 16, 2026 | SAIPLJ, SAIPLJ 2025 SE

AfCFTA and the calibration of trade mark post-registration use requirements

Author Thato Moloto

ISSN: 2521-2591
Affiliations: Lecturer, North-West University
Source: South African Intellectual Property Law Journal, 2025, p. 125-138
https://doi.org/10.47348/SAIPL/v13/i2a6

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Thato Moloto
AfCFTA and the calibration of trade mark post-registration use requirements
South African Intellectual Property Law Journal, Volume 13 Issue 2, p. 125-138
https://doi.org/10.47348/SAIPL/v13/i2a6

Abstract

Trade marks, while facilitating brand recognition and consumer trust, may also become trade barriers when unused registrations clutter national registries. Africa’s cluttered registries, dominated by dormant marks (often from non-African individuals or entities), impose disproportionate costs on local traders by raising barriers to market entry and hindering competitiveness. This article examines the proliferation of unused registered trade marks in Africa and their detrimental impact on intra-continental trade under the African Continental Free Trade Area (AfCFTA). Through an analysis of post-registration use requirements across selected states and registry data, the article proposes a harmonised AfCFTA framework that reduces the post-registration use period and automatic expungement for specific high-clutter classes. This calibration aims to purge unused marks, reduce artificial trade barriers, and foster authentic brand competition, thereby advancing the AfCFTA’s goals of economic integration and Agenda 2063.

The clock is ticking for the Sustainable Development Goals: A geographical indications-based intervention in the quest to end poverty

Opening the floodgates to untapped markets: IP and AfCFTA’s role in promoting the African start-up ecosystem

by | Feb 16, 2026 | SAIPLJ, SAIPLJ 2025 SE

Opening the floodgates to untapped markets: IP and AfCFTA’s role in promoting the African start-up ecosystem

Author Andrew Mutua

ISSN: 2521-2591
Affiliations: Trainee Advocate, Munyao, Muthama and Kashindi (MMK) Advocates, Kenya
Source: South African Intellectual Property Law Journal, 2025, p. 139-157
https://doi.org/10.47348/SAIPL/v13/i2a7

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Andrew Mutua
Opening the floodgates to untapped markets: IP and AfCFTA’s role in promoting the African start-up ecosystem
South African Intellectual Property Law Journal, Volume 13 Issue 2, p. 139-157
https://doi.org/10.47348/SAIPL/v13/i2a7

Abstract

Africa’s start‑up ecosystem has become a defining feature of the continent’s innovation economy, yet its capacity to scale regionally is constrained by fragmented intellectual property regimes and uneven enforcement. Intellectual property (IP) is the foundation upon which ideas are secured, commercialised, and transformed into competitive advantage. The African Continental Free Trade Area (AfCFTA), through its emerging IP Protocol, offers a structural opportunity to embed IP into the architecture of continental integration, positioning it as a developmental currency rather than a technical afterthought.
This paper examines the current state of IP in Africa, tracing challenges of duplication, prohibitive registration costs, and weak institutional capacity, while analysing how AfCFTA can harmonise substantive law, streamline procedures, and embed enforceability. It argues that a robust IP framework under AfCFTA is indispensable for building a resilient start‑up ecosystem across the continent. Once secured, these innovations naturally diffuse into SMEs and MSMEs, broadening participation in regional value chains and ensuring that the benefits of start‑up dynamism extend beyond Tier 1 economies into Tier 2 and 3 markets.
The analysis concludes that the strength of Africa’s innovation economy will depend on how effectively the IP lifecycle, pre‑registration safeguards, registration processes, recognition of priority dates, and enforceable terms of protection is contextualised within AfCFTA’s framework. By embedding these stages into continental practice, Africa can provide clarity and certainty for founders, reduce risks of appropriation, and create pathways for scaling ideas into enterprises. A robust IP regime under AfCFTA thus ensures that start‑ups become engines of inclusive growth and sustainable integration.

The clock is ticking for the Sustainable Development Goals: A geographical indications-based intervention in the quest to end poverty

Reimagining harmonisation: A roadmap to IP integration under the AfCFTA

by | Feb 16, 2026 | SAIPLJ, SAIPLJ 2025 SE

Reimagining harmonisation: A roadmap to IP integration under the AfCFTA

Author Victoria Chigozirim Onyeagbako

ISSN: 2521-2591
Affiliations: Herchel Smith Doctoral Researcher, Queen Mary University of London and Founder of My Intellectual Property Law Guide (MIPLG)
Source: South African Intellectual Property Law Journal, 2025, p. 158-183
https://doi.org/10.47348/SAIPL/v13/i2a8

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Victoria Chigozirim Onyeagbako
Reimagining harmonisation: A roadmap to IP integration under the AfCFTA
South African Intellectual Property Law Journal, Volume 13 Issue 2, p. 158-183
https://doi.org/10.47348/SAIPL/v13/i2a8

Abstract

Africa is rising to the occasion of global economic relevance, flying the vision of the African renaissance. The continent potentially hosts the largest free trade area (FTA) in the world, striving to create a common market across 54 of the 55 countries of the African Union (AU). Although healing from the burns of colonial exploitations, Africa has impressively risen to the occasion of IP development, mapping a blueprint for her transformation — Agenda 2063. This paper studies the vision for, and aspirations of, Agenda 2063. It discusses regional integration strategies, with a focus on harmonisation, and seeks to determine the AU’s vision for IP integration. Adopting a doctrinal approach, the paper addresses the questions — ‘what is the AU’s intention for integration under the AfCFTA’, ‘what integration strategy supports an effective regional IP system under the AfCFTA’ and ‘how can the AU achieve workable harmonisation’ to achieve Agenda 2063. In addressing these, this paper conducts a historical trace of the AU’s journey to Agenda 2063 and the AfCFTA, and underscores the strengths and weaknesses of IP integration models, particularly harmonisation. Recommendations for workable harmonisation and IP integration under the AfCFTA are proffered, a hybrid model of IP integration is suggested alongside a ‘ten for ten’ roadmap to achieve this workable harmonisation.

The clock is ticking for the Sustainable Development Goals: A geographical indications-based intervention in the quest to end poverty

Protocol to the Agreement Establishing the African Continental Free Trade Area on Intellectual Property Rights: An opportunity for a sui generis protection of indigenous knowledge in Africa

by | Feb 16, 2026 | SAIPLJ, SAIPLJ 2025 SE

Protocol to the Agreement Establishing the African Continental Free Trade Area on Intellectual Property Rights: An opportunity for a sui generis protection of indigenous knowledge in Africa

Author Tshimangadzo Donald Mukwevho

ISSN: 2521-2591
Affiliations: Senior Lecturer, North-West University
Source: South African Intellectual Property Law Journal, 2025, p. 184-201
https://doi.org/10.47348/SAIPL/v13/i2a9

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Tshimangadzo Donald Mukwevho
Protocol to the Agreement Establishing the African Continental Free Trade Area on Intellectual Property Rights: An opportunity for a sui generis protection of indigenous knowledge in Africa
South African Intellectual Property Law Journal, Volume 13 Issue 2, p. 184-201
https://doi.org/10.47348/SAIPL/v13/i2a9

Abstract

In Africa’s intellectual property (IP) landscape, protecting Traditional / Indigenous knowledge (TK/IK) remains a significant concern. There is a potential to create a sui generis system that combines IP rights, human rights, and customary law within the scope of the Protocol to the Agreement Establishing the African Continental Free Trade Area on Intellectual Property Rights (IP Protocol). This paper evaluates this potential, leveraging how the Protocol can fill the gaps in the existing regional and international frameworks. This paper makes the case that the IP Protocol might be a revolutionary legal tool for safeguarding associated Traditional/Indigenous knowledge (ATK/IK) by examining Africa’s legal system and learning from a few African nations. It draws attention to the difficulties in balancing regional commitments with national regulations and makes legislative proposals to provide a community-driven, financially sustainable protection system. Eventually, this paper aims to promote and foster an Africa-focused and sustainable strategy for preserving traditional knowledge while encouraging innovation and regional integration under the AfCFTA Agreement.