Examining the harmonisation of Intellectual Property policy, law and administration in Africa, this book evaluates the effectiveness of efforts to establish continental Intellectual Property institutions and frameworks. It also considers sub-regional initiatives led by the regional economic communities and the regional Intellectual Property organisations, focusing on relevant protocols and agreements that address Intellectual Property as well as the implementing institutions. The book assesses the progress of such initiatives with particular reference to the current socio-economic status of African states. It argues that that harmonisation initiatives need to be crafted in a way that is supportive of the developmental goals of African states and advocates for due consideration of individual states unique conditions and aspirations. This book will be of great relevance to scholars and policy makers with an interest in Intellectual Property law and its harmonisation in Africa.
1. Intellectual Property and the Public Interest in Africa
1.1 The Intellectual Property Landscape in Africa
1.2 Overview and History of National IP laws
1.3 IP and the public interest
1.3.1 A global public interest?
1.3.2 A continental, sub-regional and national public interest?
1.4 African states diversity and the need for flexible and nuanced IP systems
1.4.1 African states contribution to the articulation and formulation of the Development Agenda at WIPO
1.4.2 The Dakar Declaration on IP for Africa
1.4.3 TRIPS implementation by African states: a straight-jacket or nuancing tool?
1.4.4 IP policy focus area: TRIPS Flexibilities
1.4.3.1 Transition periods
1.4.3.2 Definition of invention & other patent grant related flexibilities