This paper aims to explore the contours of the future intellectual property (IP) protocol of the African Continental Free Trade Area (AfCFTA) Agreement.
Abstract
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.
Details
Keywords
Tobias Schonwetter and Caroline Ncube
This paper's main purpose is to deepen the general understanding regarding copyright exceptions and limitations as an important balancing tool of copyright law, particularly for…
Abstract
Purpose
This paper's main purpose is to deepen the general understanding regarding copyright exceptions and limitations as an important balancing tool of copyright law, particularly for developing countries in Africa. It seeks to address the problematic interplay between copyright exceptions and limitations on the one hand and technological protection measures (TPMs) on the other. It then aims to offer a solution for mitigating the potentially detrimental impact of TPMs on otherwise‐permitted uses of copyright‐protected knowledge materials.
Design/methodology/approach
The paper's approach is legal doctrinal research that relies exclusively on written texts.
Findings
The paper finds that copyright exceptions and limitations are currently in tension with the legal regulation of TPMs and their circumvention. The two do not seem to be optimally balanced, with some African countries having adopted an unduly restrictive legal approach. The paper therefore suggests a more balanced model that is in keeping with developmental ends and human rights concerns.
Originality/value
The paper makes a meaningful contribution by locating the discussion in Africa and providing a suggested equitable legal approach.