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

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

Download PDF

Share

Cite this article

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.

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

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

Download PDF

Share

Cite this article

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.

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

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

Download PDF

Share

Cite this article

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.

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

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

Download PDF

Share

Cite this article

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.

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

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

Download PDF

Share

Cite this article

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

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

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

Download PDF

Share

Cite this article

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.