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Africa’s International Intellectual Property Law Regimes

Intellectual property (IP) law is a knowledge governance system for creative works, marks, products, and processes that exists at domestic, regional, and international levels. National legislation creates economic and moral rights in works, marks, products, and processes. Generally, IP is categorized into two main classes, namely (i) industrial property and (ii) copyright and related rights. Industrial property encompasses patents, which protect product and process inventions; trademarks, which protect marks such as logos and brands; industrial designs; and geographical indications. Copyright protects creative works, including those of a literary, dramatic, musical, and artistic nature. Related rights protect performers, producers of phonograms or sound recordings, and broadcasters of radio and television programs. National IP legislation on each of these aspects is informed by binding international norms contained in agreements which the relevant state is party to. African states are party to several IP law regimes with other countries within the continent and beyond. International here means beyond continental borders, that is, arrangements for IP regulation with non-African state parties. This article outlines the literature on the engagement with, and participation in, international IP law regimes by African states and related literature on topical issues such as access, regional integration, international relations, innovation, development, biodiversity, plant breeders’ rights, and the protection of traditional knowledge. This work is based on the research supported in part by the National Research Foundation (NRF) of South Africa. Any opinion, finding and conclusion or recommendation expressed in this material is that of the author and the NRF does not accept any liability in this regard.