Reimagining harmonisation: A roadmap to IP integration under the AfCFTA

Reimagining harmonisation: A roadmap to IP integration under the AfCFTA

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.

Reimagining harmonisation: A roadmap to IP integration under the AfCFTA

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

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.

Reimagining harmonisation: A roadmap to IP integration under the AfCFTA

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

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

None

Reimagining harmonisation: A roadmap to IP integration under the AfCFTA

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

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.

Reimagining harmonisation: A roadmap to IP integration under the AfCFTA

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

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.