Of particular concern for Africa is traditional knowledge which communities have used over millennia for biodiversity management but which is not protectable under conventional IPRs. There are two regional organizations promoting Intellectual Property Rights in Africa. The plethora of categories and for a discussing intellectual property rights is a source of concern for Africa in view of the dearth of resources. Register a design. Copyright © 2014-2021 Disrupt Africa. What are we doing right? The African Intellectual Property Organization (OAPI; Organisation Africaine de la Propriété Intellectuelle), dating back to the 1960s, establishes a unitary system for the protection of intellectual property rights effective in all 17 OAPI member states. All three countries are credited for having the basic IP standards in place. Africa is rich in traditional knowledge. Register copyright. 0000052742 00000 n 0000005346 00000 n At least not yet. Currently the OAPI system is governed by the Bangui Agreement of 2 March 1977, last revised on 24 February 1999, and comprises 17 predominantly French-speaking countries, which are Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Republic of Congo, … 0000014563 00000 n 0000008554 00000 n With the youth bulge in Africa, improving literacy rates and increased exposure to technology in day-to-day engagements, now is the time to direct youth creativity into key sectors, such as agriculture, healthcare and tourism. Chapter 1 An Overview Of The Intellectual Property Rights (IPRS) Regime In Kenya - M. Wekesa 1.0 Introduction.....................................................................................................1 2795 47 This is why, in 2015, Microsoft 4Afrika partnered with the Kenya Copyright Board. 0000015248 00000 n However, approximately 60 to 70 per cent of these applications originate from non-South African companies. However, approximately 60 to 70 per cent of these applications originate from non-South African companies. ARIPO was established by the Lusaka Agreement of 1976. 0000104936 00000 n %PDF-1.5 %���� The system, which allows people to register remotely, has already resulted in a 100 per cent increase in applications – and is cited by the US Chamber International IP Index as a key area of strength in Kenya’s IP climate ranking. One of them is the African Regional Intellectual Property Organization (ARIPO) which is based in Harare in Zimbabwe, and the other is the Organisation Africaine de la Propriété Intellectuelle (OAPI) which has its headquarters in Yaoundé in Cameroon. Companies and Intellectual Property Commission (CIPC) administer the following IP domains in South Africa: trademarks, patents, designs and copyright (films only). 0000005207 00000 n It is submitted that the fact that intellectual property is protected on a world-wide basis and had been comprehensively protected in South Africa for around a century prior to the adoption of the Constitution, and that South Africa is a member of, and is bound by, certain international conventions dealing with intellectual property which oblige it to grant protection comprising certain minimum … Register a patent. Von Seidels is ISO 9001 certified for service quality. 0000018845 00000 n . Innovation & Intellectual Property Collaborative Dynamics in Africa EDITORS: JEREMY DE BEER, CHRIS ARMSTRONG, CHIDI OGUAMANAM AND TOBIAS SCHONWETTER Published by UCT Press in association with the IP Unit, Faculty of Law, University of Cape Town (UCT) and Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ). According to the World Health Organisation (WHO), 90 per cent of food in sub-Saharan Africa is produced using customary farming practices. In South Africa, there are an average of. 0000005003 00000 n But not all countries in Africa are equal when it comes to intellectual property … In the, , which measures the IP environments of 45 economies globally, Kenya ranks 31. However, while developed economies have benefited from the creation of wealth around IP, the same cannot be said for Africa. IP has become one of the most valuable commodities in the Information Age. 0000002692 00000 n INTELLECTUAL PROPERTY RIGHTS IN EAST AFRICA HARMONIZATION OF PATENT LAWS AND POLICIES FOR THE EAST AFRICAN COMMUNITY MUNYITHYA JOSEPH MANZI G62/68062/2013 A Research Project Paper Submitted to the University of Nairobi in Partial Fulfilment of the Requirements for the Degree of Master of However, while developed economies have benefited from the creation of wealth around IP, the same cannot be said for Africa. In late 2016, Kenya also established the Traditional Knowledge and Cultural Expressions Act 2016, which seeks to enable communities to control and profit from the use of culturally significant knowledge and expressions. Furthermore, economies with good IP protection are 45 per cent more likely to attract venture capital and private equity funding. 0000105536 00000 n The world – and more specifically, technology – has changed significantly in this timespan. The system, which allows people to register remotely, has already resulted in a 100 per cent increase in applications – and is cited by the US Chamber International IP Index as a key area of strength in Kenya’s IP climate ranking. As general awareness around IP increases, so will the demand for proper enforcement. 0000003139 00000 n The current local systems in place to register IP are inaccessible, time consuming and difficult to use. 7 challenges faced by tech startups in Africa, Japanese firm launches $15m African startup fund, announces 5 investments, The startups on a quest to be the “African super app”, Meet the Investor: Eunice Wambui, Capria Ventures, SA entrepreneur launches fund to help people launch a “side hustle”, Kenyan ed-tech startup Kidato accepted into Y Combinator accelerator. Where do we stand? At least not yet. trailer In South Africa, there are an average of 900 patent applications filed per month. They have also recognised the importance of not always following the same methods used by developed countries, or imposing tight regulations that end up hampering innovation, but rather figuring out what is most conducive for Africa. The benefits are enormous. 0000005480 00000 n ӵiJ����d�Y��� Q:5|U�)��T?ϵG�fLc/;�������nq. Africa is rich in traditional knowledge. We are currently working with the Common Market for East and Southern Africa to, drive adoption of this system in 18 other countries across the continent, For a startup or small business – which Africa looks to for economic and social development – registering IP as soon as possible is vital. Whether developers are using mobile services to build new e-health apps, or artists are recording and uploading original songs to YouTube, IP – from inventions to art – is being created and shared every day. /��QPv9�C� IP is an important asset in today's knowledge economy and should be strategically managed. 0000013954 00000 n … See her opening presentation and initial questions below. <<8afaa3a96a8ff040b79848558ef1cb83>]>> Welcome to Nigerian Law Intellectual Property Watch! If Africa hopes to achieve its sustainable development goals, establishing a knowledge-based and innovation-driven economy is essential – and we are at a pivotal point in doing so. In South Africa, there are an average of 900 patent applications filed per month. The current local systems in place to register IP are inaccessible, time consuming and difficult to use. The Program is held at AU in Mutare and at ARIPO in Harare. It has the capacity to hear applications for patents and registered trademarks in its member states who are parties to the Harare, Banjul and Arusha protocols. Coupled with the right IP policies and frameworks in place, we can empower youth to create wealth for themselves, and take their inventions to the world. 0000012513 00000 n Second, simply not enough people in Africa are registering their IP. It’s important that you manage your IP to ensure you get the best protection and the most out of your idea/invention. Intellectual property refers to assets which are intangible, making them easily susceptible to exploitation by third parties, which were created through human intellect. However, what is important is that governments and authorities have recognised the importance of regularly reviewing and optimising laws to keep pace with the current challenges IP owners face. 0000004424 00000 n 0000003806 00000 n 0000011118 00000 n Good day everyone. First, there is a lack of legal enforcement of IP rights. The African Ministerial Conference 2015: Intellectual Property for an Emerging Africa co-organized by the Government of Senegal and WIPO in cooperation with the African Union (AU), and the Japan Patent Office in Dakar, Senegal from November 3 to 5, is an opportunity to explore the relevance of intellectual property (IP) to African economies and its role in supporting the development of vibrant innovation ecosystems … 01 March 2019. This is not for a lack of IP frameworks, authoritative bodies and laws. xref The African Regional Intellectual Property Organisation (ARIPO) is based in Harare, Zimbabwe. IP has become one of the most valuable commodities in the Information Age. In the wake of last week’s World IP Day, Microsoft 4Afrika’s corporate affairs director Louis Otieno explores the state of intellectual property (IP) rights in Africa. According to the World Health Organisation (WHO), 90 per cent of food in sub-Saharan Africa is produced using customary farming practices. Flora IP’s Dr Titilayo Adebola moderated a webinar on Thursday, 02 July 2020, organised by the Africa International Trade and Commerce Research (AITCR). ARIPO has a total of 19 member countries mostly from the English speaking part of Africa, and OAPI has a total of 17 member countries mostly from the French-speaking part of Africa. D���,C�C ߥ�ل�HX 0000143578 00000 n There are various types of IP available. 0000003039 00000 n Mission Nigerian Law Intellectual Property Watch Inc. (NLIPW) is devoted to promoting awareness about intellectual property rights and deepening discussions on the problem of counterfeiting in Sub-Saharan Africa. And what can we do better to foster more innovation-driven economies? 0000002555 00000 n For a startup or small business – which Africa looks to for economic and social development – registering IP as soon as possible is vital. 0000052882 00000 n 0000105466 00000 n 0000015571 00000 n Register a trade mark. 0000004396 00000 n Our trademark lawyers assist Clients on Trademark Registration in Africa. 2795 0 obj<> endobj . Second, simply not enough people in Africa are registering their IP. Intellectual Property (IP) is a term that describes the application of the mind to develop something new or original. Bienvenue a nos ami. South Africa’s National Treasury, for example, announced in its. This results in high online piracy rates and large amounts of counterfeit goods. Intellectual property (IP) matters – which generally cover patents, copyrights and related matters, industrial designs, trademarks, geographical indications (GIs), utility models, trade secrets, and plant breeders’ rights – have become increasingly important, … Where African economies fall short is in two predominant areas. The benefits are enormous. Furthermore, economies with good IP protection are. 15 May 2019. IP can exist in various forms; a new invention, brand, design or artistic creation. 0000018417 00000 n The importance of IP protection for startups. that it would be relaxing IP exchange control, making it easier for startups to expand and seek funding outside of South Africa. Adams & Adams ' commitment to the intellectual property discipline and its efforts to build an Africa-wide practice (it has 22 associate offices across the continent) ensures it is a popular choice for an impressive list of clients for major engagements in the region. Trademark Renewal, and Related TM services 0000009892 00000 n In the 2017 US Chamber International IP Index, which measures the IP environments of 45 economies globally, Kenya ranks 31st – the IP leader among African economies – followed by South Africa (33) and Nigeria (35). 0000014591 00000 n Intellectual Property, commonly referred to as Saba IP, is an intellectual property firm active in Middle East and Africa. 0000003670 00000 n The Program is jointly organized by the World Intellectual Property Organization (WIPO), the African Regional Intellectual Property Organization (ARIPO) and Africa University (AU) with financial support from the Government of Japan. Von Seidels is an intellectual property law firm specialising in protecting and enforcing IP rights throughout Africa. A recent survey in South Africa found that, out of 200 technology startups, 43 per cent have their own product or IP. Second, simply not enough people in Africa are registering their IP. , economies with robust IP protection see 80 per cent more knowledge-based, technological and creative outputs; are 75 per cent more likely to have larger and more dynamic content and media sectors; are 68 per cent more likely to have supportive business climates; have 40 per cent greater capacity to generate value from ICT; and are 50 per cent more attractive to foreign investors. It is a key step in taking a product or service to market. A major target of Goal 3 of the Sustainable Development Goals adopted by the United Nations in 2015 is the elimination of ‘the epidemics of AIDS, tuberculosis, malaria and neglected tropical diseases’ and combating ‘hepatitis, water-borne diseases and other communicable diseases’. All three countries are credited for having the basic IP standards in place. Much of the past discussion on intellectual property rights in Africa centered around access to proprietary technology needed for development and around essential medicines for diseases such as HIV-AIDS. startxref If this knowledge is captured and protected correctly, it could foster incredible innovation of great economical value. to attract venture capital and private equity funding. 0000105948 00000 n Cameroon is a member state of the union of 17 countries constituting the Organisation Africaine de la Propriété Intellectuelle (OAPI). 16 January 2019. 0000015427 00000 n The African Regional Intellectual Property Organization, formerly African Regional Industrial Property Organization, is an intergovernmental organization for cooperation among African states in patent and other intellectual property matters. ARIPO was established in 1976 in Lusaka, Zambia through the joint efforts of the UN Economic Commission for Africa (UNECA) and the World Intellectual Property Organisation (WIPO), when the Agreement on the Creation of an African Regional Industrial Property Organisation (ARIPO) was concluded by a group of 15 founding states. Without this enforcement, entrepreneurs and developers may not feel motivated to innovate, lacking incentive to pursue creative activities that change lives and create jobs. Africa has two regional organisations that together promote intellectual property rights. In late 2016, Kenya also established the Traditional Knowledge and Cultural Expressions Act 2016, which seeks to enable communities to control and profit from the use of culturally significant knowledge and expressions. 16 January 2019. 0000052812 00000 n The compilation of a comprehensive guide to Intellectual Property Laws and Procedures in Africa has long been a goal for academics and practitioners alike. For those concerned about costs, protective lawyering is far cheaper than defensive lawyering.”. This is not for a lack of IP frameworks, authoritative bodies and laws. 0000181470 00000 n 0000000016 00000 n It advises a high proportion of the world's leading businesses. Read More � �'�rg\Bw���:o4YIfq�;wT_� It has been 17 years since World IP Day was first launched. Yet, the occasion of World IP Day is more relevant today than ever before. Key players from Africa's startup and investment ecosystem post on issues close to their heart for Disrupt Africa. 0000104729 00000 n 0000001270 00000 n 0000143361 00000 n Despite these flaws and challenges, many African economies are focused on and open to reviewing and improving their IP rights climates. 0000019048 00000 n Guide to IP in Africa. According to the 2017 IP Index, economies with robust IP protection see 80 per cent more knowledge-based, technological and creative outputs; are 75 per cent more likely to have larger and more dynamic content and media sectors; are 68 per cent more likely to have supportive business climates; have 40 per cent greater capacity to generate value from ICT; and are 50 per cent more attractive to foreign investors. 0000106018 00000 n %%EOF All rights reserved. However, approximately 60 to 70 per cent of these applications originate from non-South African companies. It is a key step in taking a product or service to market. Intellectual Property Attorneys Africa. If this knowledge is captured and protected correctly, it could foster incredible innovation of great economical value. The African Regional Intellectual Property Organization (ARIPO) is an inter-governmental organization (IGO) that facilitates cooperation among member states in intellectual property matters, with the objective of pooling financial and human resources, and seeking technological advancement for economic, social, technological, scientific and industrial development. 0000016953 00000 n 0000015276 00000 n 0000005031 00000 n The Organisation Africaine de la Propriété Intellectuelle (OAPI) has its headquarters in Yaoundé, Cameroon. Adams & Adams Practical Guide to Intellectual Property in Africa. This is why, in 2015, Microsoft 4Afrika partnered with the Kenya Copyright Board, to develop an online IP registration system. �s�[k���a~>��hD֐�S��y���P�����'�8�x!uhG�� Both laws, of course, come with their own complications, cautions and counter-arguments. 0000144037 00000 n We have offices in South Africa, ARIPO (Namibia), OAPI (Cameroon) and Nigeria. There was no 3D printing, Wikipedia or even YouTube. – the IP leader among African economies – followed by South Africa (33) and Nigeria (35). , to develop an online IP registration system. We are currently working with the Common Market for East and Southern Africa to drive adoption of this system in 18 other countries across the continent. 0000144234 00000 n 0000003102 00000 n In the western world, Intellectual Property is regarded as an imported service that should be paid for, but in Africa where there are more pressing issues like famine, inter-tribal wars and social instabilities, the effects of those are so great that laws in relation to issues such as Intellectual Property are deemed a distraction and not an immediate concern. As Liz Lenjo, advocate of the High Court of Kenya and IP lawyer, advises: “More trainings and health-checks on IP, as well as emphasis to entrepreneurs on the importance of legal counsel when in business, need to be done. With the creation of accessible tools and mediums like smartphones and YouTube, there has come a whole new wave of creativity and innovation. 0000007152 00000 n In April 2000, there were no smartphones. Africa: Intellectual Property and Covid-19 Medicines - Why a WTO Waiver May Not Be Enough GCIS/Flickr Nurse Zoliswa Gidi-Dyosi is the first healthcare worker in South Africa … A recent survey in South Africa found that, out of 200 technology start-ups, 43% have their own product or IP. Despite these flaws and challenges, many African economies are focused on and open to reviewing and improving their IP rights climates. ARIPO also features a protocol on the prote If an idea or invention, which would have qualified for patent protection, falls into the public domain too early, it becomes very difficult to enforce and protect. 0 Intellectual property. Saba & Co. South Africa’s National Treasury, for example, announced in its 2017 Budget Review that it would be relaxing IP exchange control, making it easier for startups to expand and seek funding outside of South Africa. 2799 0 obj<>stream 0000003737 00000 n