Abstract

The rise of mobile banking applications has significantly improved financial inclusion across Africa, particularly in underserved communities. However, the interplay between intellectual property rights (IPRs) (including patents, copyrights, and trademarks) and financial inclusion remains underexamined. This article examines the impact of specific IPRs on the accessibility, ownership, and functionality of mobile banking applications in Botswana, Kenya, South Africa, and Zimbabwe. Using a doctrinal research methodology supported by illustrative empirical examples, the article analyses relevant legislation, IPRs ownership, and policy frameworks to determine whether IPRs facilitate or hinder financial inclusion. The findings suggest that while IPRs incentivise innovation by protecting mobile banking technologies, restrictive licensing agreements, old legislation, and ownership structures may inadvertently limit access to digital financial services. Nevertheless, there is no conclusive evidence that IPRs inherently impede financial inclusion. The article advocates for a balanced regulatory approach that ensures robust intellectual property protection while fostering open-access policies that enhance financial inclusion. The conclusion is that properly managed IPRs are more likely to support than obstruct financial inclusion in Africa. The paper makes three recommendations related to policy directives for IPRs registration, legislative amendments to accommodate applications, and case study analyses of selected major applications, such as M-Pesa.