Intellectual property and the African continental free trade area: lessons and recommendations for the IP protocol

• Published in: Journal of international trade law & policy Vol. 21; no. 2; pp. 105 - 121
• Main Author: Ncube, Caroline B
• Format: Journal Article
• Language: English
• Published: Bingley Emerald Publishing Limited 03.05.2022; Emerald Group Publishing Limited
• Subjects: Agreements; Competition policy; Cooperation; Free trade; Gender; Intellectual property; Negotiations; Protocol; Public health; Regions; Technical assistance; Africa; African Continental Free Trade Area (AfCFTA); Intellectual property; Gender
• ISSN: 1477-0024; 2045-4376
• DOI: 10.1108/JITLP-09-2021-0051

Purpose This paper aims to explore the contours of the future intellectual property (IP) protocol of the African Continental Free Trade Area (AfCFTA) Agreement. Design/methodology/approach This paper frames the IP protocol within the architecture of the AfCFTA Agreement, meaning that it will follow the structure of other protocols and will be guided by the Agreement’s foundational principles and objectives. With the place, shape and form of the protocol so established, the paper considers the substantive aspects that ought to be addressed. It also considers provisions on technical assistance, capacity building and cooperation. Findings The paper finds that the Tripartite Free Trade Phase 2 IP agenda is a credible starting place, which must be broadened to better meet gendered challenges and the continent’s developmental priorities. This will entail including provisions on specific aspects enumerated in the paper, which must be aligned with provisions on technical assistance, capacity building and cooperation to enhance implementation. The best outcomes in the negotiation, adoption and implementation of the IP protocol will be achieved by an inclusive approach incorporating all national, sub-regional and regional institutions guided by coherent policy and coordinated to ensure efficiency in resources and capacity mobilisation. Originality/value To the best of the author’s knowledge, this is the first paper to formally consider both the architecture and substantive provisions of the future AfCFTA IP protocol with specific focus on gendered dimensions.