Analysis

Enforcement of intellectual property rights in Africa is not always a straightforward task. Plans crafted with reference only to enforcement in developed countries will not be a perfect fit to the African situation. Still, there are possible solutions to the issue of counterfeiting and piracy in Africa. Protective mechanisms are a reality. Passionate professionals both within the government and among law practitioners are eager to learn and for the current system to evolve into one which is efficient, and which adequately protect the African consumer from the dangers of counterfeiting. Our final word of advice to right holders would therefore be to surround yourself with professionals who know the continent and who will be able to craft the best possible strategy aligned with expectations and budget.

Intellectual Property Rights (IPRs) enforcement in Africa holds the power to influence the extent to which foreign and local entities and individuals will register IPRs within and across African borders. Therefore, the book entitled Enforcement of Intellectual Property Rights in Africa (Oxford University Press, 2020), is a timely publication which provides key insights pertaining to IPRs enforcement.

The preparation of a book like Enforcement of Intellectual Property Rights in Africa (Oxford University Press, 2020), is a task that is both Herculean as well as Sisyphean. Herculean, because, with nearly 60 separate jurisdictions to cover, the enormity of the task cannot be overstated. Sisyphean, though, due to the impossibility for a book of this nature to be up to date and accurate; even before it is published, laws and situations will likely have changed in one or several jurisdictions. These two factors were clearly on the minds of the authors.

The book, Enforcement of Intellectual Property Rights in Africa (Oxford University Press, 2020), comes at a timely moment when the African continent is in a very critical stage of pursuing sustainable economic growth. Intellectual property rights have been prioritised continentally, regionally and at domestic levels as being a key part of this desired growth.

In Enforcement of Intellectual Property Rights in Africa (Oxford University Press, 2020), Marius Schneider and Vanessa Ferguson have not only given good exposition on the IP regime in all 54 African countries but have also taught us social studies on the nations of Africa. Some of this information seems far in history but one can blame the authors, as sourcing information and statistics on African countries can be a herculean task. They have done very well in this regard!

Earlier in November 2020, I reviewed the book, Enforcement of Intellectual Property Rights in Africa (Oxford University Press, 2020) for The IPKat Blog. In that review, I observed that as a continent with 54 countries having distinct and diverse legal systems and rules, “understanding and following developments on law and practice in Africa can be an uphill task even for a field like IP law that ‘enjoys’ the benefit of various international treaties”. To translate this observation in practical terms, my review could only engage with the broad objectives of the book and the way in which the chapters on each African country sought to achieve those objectives.

Gray and Gills (2016) view South-south cooperation (SSC) as an organising concept and a set of practices in pursuit of historical changes through a vision of mutual benefit and solidarity among the disadvantaged of the world system. From this perspective, SSC has become increasingly important as a means for countries within the global south axis to share knowledge, experience, know-how and solutions. In forging these interactions between South-South countries, "horizontality" is pivotal for conveying ideas of trust, mutual benefit and equity among cooperating countries. There has been a longstanding relationship between Africa and the Caribbean, with the two regions historically collaborating in areas of mutual interest at the bilateral, regional and multilateral levels. This partnership has been renewed over time in keeping with changes in the global political economy. However, while these states continue to cooperate in multiple fora in relation to different issues, economic activity and trade between them remain negligible. This paper argues that there is potential to enhance integration between these two regions by mainstreaming trade relations through a deliberate effort by related governments via SSC.

The Caribbean and Africa are unique and similar in their pluri-ethnic composition and shared history. They may have more in common than any other geopolitical regions in the world. They have even more reason to strengthen and deepen political and cultural ties, not least because the Caribbean is historically a major location of the African diaspora, and much of Caribbean history is steeped in the African "soul" and culture. This should be seen as a central element in their global repositioning strategies, specifically within the context of the OACPs.

An African-Caribbean Economic Engagement Network is a grand vision of bold design and will not be easy to achieve; however, the fact that it is possible should be cause for optimism.

The fact remains that despite some welcome relationship building between Africa and the Caribbean in the past few years, the global trade and investment landscape is not always conducive to bloc thinking. Historical and cultural ties are intangible and important building blocks of any relationship, and it has led to a level of respect between regions and negotiators over the years that have to be acknowledged. But what happens when commerce overtakes culture and investment opportunities overtake history? The act of multilateral negotiation has never truly confronted how the inequities of the real world are brought to the negotiating table. It will have to address that, as developing countries themselves will need to start framing a response to what happens when the competition of the real world also impacts their well-curated solidarity.