The AfCFTA Protocol on Intellectual Property Rights: A new framework for access to medicines in Africa

The AfCFTA Protocol on Intellectual Property Rights: A new framework for access to medicines in Africa

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

The AfCFTA Protocol on Intellectual Property Rights: A new framework for access to medicines in Africa

Author Michael Saidu Dumbuya

ISSN: 2521-2591
Affiliations: Associate Barrister and Solicitor, FMK & Associates and Part-time Lecturer Ernest Bai Koroma University of Science and Technology, Sierra Leone
Source: South African Intellectual Property Law Journal, 2025, p. 202-222
https://doi.org/10.47348/SAIPL/v13/i2a10

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Michael Saidu Dumbuya
The AfCFTA Protocol on Intellectual Property Rights: A new framework for access to medicines in Africa
South African Intellectual Property Law Journal, Volume 13 Issue 2, p. 202-222
https://doi.org/10.47348/SAIPL/v13/i2a10

Abstract

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The AfCFTA Protocol on Intellectual Property Rights: A new framework for access to medicines in Africa

Blurring boundaries: Piracy, algorithmic authorship and creativity among designers in Kenya

by | Feb 15, 2026 | SAIPLJ, SAIPLJ 2025 SE

Blurring boundaries: Piracy, algorithmic authorship and creativity among designers in Kenya

Author Grace Njeri Gatere

ISSN: 2521-2591
Affiliations: Assistant Lecturer, Technical University of Kenya and PhD Candidate, Technical University of Kenya
Source: South African Intellectual Property Law Journal, 2025, p. 223-242
https://doi.org/10.47348/SAIPL/v13/i2a11

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Grace Njeri Gatere
Blurring boundaries: Piracy, algorithmic authorship and creativity among designers in Kenya
South African Intellectual Property Law Journal, Volume 13 Issue 2, p. 223-242
https://doi.org/10.47348/SAIPL/v13/i2a11

Abstract

The traditional notions of authorship and copyright in the Kenyan design industry have been significantly disrupted by the proliferation of artificial intelligence (AI) technologies. There is an exponential increase in visual data, such as photographs and typefaces, on digital platforms. This has been enabled by the click, like, and share culture, providing fertile ground for AI developers to mine and train generative models. Designers generate creative outputs from this data. Adapting these innovations has raised difficult questions on authorship and originality. Consequently, this study explores AI’s impact on the design process through the lens of copyright law. Interrogating whether AI-generated photographs and typefaces can qualify for protection under existing legal structures. The analysis is situated in the lived experiences of designers who frequently use AI tools in their daily crafts and the challenges they face. The research method is two-pronged, with an empirical analysis and qualitative data from interviews with practising designers. Two questions guide the study: 1) Is AI capable of independent creativity? 2) Who is considered an algorithmic author? The paper proposes considerations for reforming legal standards to address the significance of algorithmic authorship.

The AfCFTA Protocol on Intellectual Property Rights: A new framework for access to medicines in Africa

IP and data rights in Africa’s digital economy: A protective-adaptive blueprint

by | Feb 15, 2026 | SAIPLJ, SAIPLJ 2025 SE

IP and data rights in Africa’s digital economy: A protective-adaptive blueprint

Author Tanaka Dakacha

ISSN: 2521-2591
Affiliations: Research and Teaching Associate, University of the Witwatersrand, School of Law
Source: South African Intellectual Property Law Journal, 2025, p. 243-268
https://doi.org/10.47348/SAIPL/v13/i2a12

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Tanaka Dakacha
IP and data rights in Africa’s digital economy: A protective-adaptive blueprint
South African Intellectual Property Law Journal, Volume 13 Issue 2, p. 243-268
https://doi.org/10.47348/SAIPL/v13/i2a12

Abstract

The rapid evolution of digital technologies is transforming Africa’s economic landscape, reshaping how creative works are produced, distributed, and consumed. This shift presents both opportunities and challenges for intellectual property (IP) protection. Using South Africa, Kenya, and Nigeria as case studies, this paper explores the role of robust IP frameworks in fostering innovation, creativity, and sustainable growth in Africa’s digital economy. It highlights how strong IP protection attracts technological investment and addresses issues such as digital piracy, copyright infringement, and rapid technological advancements. The paper also proposes strategies for harmonising IP laws across African jurisdictions, vital for regional integration under the African Continental Free Trade Area (AfCFTA).
It further examines data rights protection on digital platforms, focusing on ownership, consent, and the distribution of value. The paper discusses data ownership controversies and the need for regulatory harmonisation. By analysing the intersection of IP law, data rights, and digital innovation, it calls for adaptive policies that balance protection with access. Drawing from evolving IP regimes and AfCFTA protocols, it offers policy recommendations aligned with Agenda 2063 and global treaties. The comparative focus offers scalable insights, demonstrating how tailored reforms can enhance the creative industries, facilitate data flows, and attract investment — essential for equitable digital transformation and economic sustainability.

Reflections on approaches to constitutional interpretation in Botswana

by | Feb 15, 2026 | JCLA, JCLA V12 I2 2025

Reflections on approaches to constitutional interpretation in Botswana

Author: Obonye Jonas

ISSN: 2521-2605
Affiliations: LLM (Pretoria), (PhD) Bristol, Senior Lecturer, Department of Law, University of Botswana
Source: Journal of Comparative Law in Africa, Volume 12 Issue 2, p. 1-41
https://doi.org/10.47348/JCLA/v12/i2a1

Abstract

A constitution is a form of legislation that forms the basis for the polity of free and equal individuals. It establishes the state itself, together with its institutional geometry, rules, processes, and procedures, as well as societal values, and expresses the nation’s vision. In this sense, a constitution is a sui generis legislation that calls for the application of unique interpretive models. Constitutions, unlike regular statutes, rules, and regulations, are typically enduring, rigid, unitary and vague laws. Because the language of their text is vague and open-ended, it requires interpretation to decipher meaning. This article considers the various models of constitutional interpretation in Botswana. It points out that the Courts of Botswana contemporaneously employ the contextual and purposive interpretations of the Constitution. It notes that the hybrid model of interpretation allows the courts to rely on relevant rules of international law, drafting history, comparative law, public opinion and other considerations in search of a meaning to be ascribed to a Constitutional provision. It observes that the courts of Botswana consider the Constitution as a single unitary compact whose provisions rank equally. As such, they must be interpreted in a mutually reinforcing manner as part of a structure or system to render the Constitution effective. The article also discusses the constitutional avoidance doctrine. It concludes that it has lost relevance in modern constitutional adjudication as it ossifies the Constitution and prevents it from evolving to meet the needs of society.

Asymmetrical devolution and management of regional specificities of Cameroon’s Anglophone Regions: A half-seized good opportunity

by | Feb 15, 2026 | JCLA, JCLA V12 I2 2025

Asymmetrical devolution and management of regional specificities of Cameroon’s Anglophone Regions: A half-seized good opportunity

Authors: Gatsi Tazo, Paul N. Simo, Esq

ISSN: 2521-2605
Affiliations: Associate Professor in Public Law; Serving at the Faculty of Laws and Political Science, University of Buea (Cameroon); Director of the Institute of Interdisciplinary Studies for Development (IISD); Attorney at the Bar of New York and Barrister in Cameroon; Director of the Centre for Law and Public Policy (CLPP)
Source: Journal of Comparative Law in Africa, Volume 12 Issue 2, p. 42–74
https://doi.org/10.47348/JCLA/v12/i2a2

Abstract

This paper examines the special status of Cameroon’s English-speaking regions (North West and South West) as outlined in the 2019 General Code of Regional and Local Authorities (GC-RLA). It aims to assess the effectiveness of the asymmetrical devolution in favour of the North West and South West regions, chosen as the structural tool to accommodate their specificities within the national fold, and as a path towards resolving the conflict afflicting these two regions. The paper concludes that resorting to asymmetrical devolution as a tool to resolve Cameroon’s Anglophone crisis is a good medicine, which, however, has not been administered at the appropriate dose. On the one hand, indeed, establishing infranational regions with differentiated degrees of autonomy based on their specificities, is increasingly resorted to, in a bid to resolve conflicts within States which are driven by internal regional and territorial specificities, especially when – as it is the case in Cameroon – minorities concerned attain a certain threshold of demographic significance (around 15% of the national population). On the other hand, based on the comparative normative guideposts and best experiences on the setting up of special status regions, this study argues that the conditions for the implementation of the special status as provided for by the GC-RLA are not conducive to making it play the role for which it has been provided.