Abstract: The quest for traditional knowledge from Africa is witnessing increasing illicit commercialisation by multinational pharmaceutical firms and biotech companies. Scientific research and innovations have changed the way traditional knowledge (TK) is used, managed, and governed today. Intellectual property rights protection, such as patent rights, based on TK does not include TK holders’ interests. African countries are frustrated with many multilateral arrangements such as the WTO TRIPs Agreement and international trade negotiations under the World Trade Organisation due to the complex and unequal bargaining powers in these negotiations. A kind of one-size-fits-all arrangement. The adoption of the Continental Free Trade Area Agreement (AfCFTA) with its proposed IP Protocol to the Agreement could be a way to balance the inequality and to harness intra-regional trade negotiations relating to the commercialisation of traditional knowledge (TK). This analysis posits that for the AfCFTA Agreement’s objectives and the proposed IP Protocol to be achievable, the policies and laws of sub-regional bodies in Africa be harmonized to set minimum standards and effectively tackle the aspects of IP relating to the commercialisation of TK. Existing sub-regional organisations such as ARIPO and OAPI are fragmented along colonial backgrounds without harmonisation allowing for continuous illicit exploitation and commercialisation of TK in Africa.
Cite as: Patrick Ageh Agejoh, "The AfCFTA Intellectual Property Protocol and the Commercialisation of Traditional Knowledge in Africa", Volume 3, AfJIEL (2022), 138-158.