Challenges in protecting and enforcing Intellectual Property in the African continent
Written By
Associate
UK
I am an associate in our Intellectual Property department, specialising in brand management with a particular focus on trade marks and designs.
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Practices
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Currently there is no single uniform IP system or laws across the continent. There have been efforts to harmonise IP practices regionally through organisations such as the African Regional Intellectual Property Organization (ARIPO) and the African Intellectual Property Organization (OAPI). A number of countries are also signed up to international treaties, systems and agreements which provide for rules on IP rights such as the TRIPS Agreement or the Madrid Protocol allowing countries to be designated as part of a WIPO international trade mark registration.
However, there are concerns about these systems and agreements’ implementation on a local level, this, coupled with issues in varying standards of cross-border infringement enforcement and a web of interacting legal frameworks can make the protection of IP confusing.
