INTRODUCTION

In the global knowledge economy, innovation, and creativity, IP is the oil that lubricates the economic engine of growth and development. It hold far-reaching promise for spurring economic growth, trade and employment in countries at all stages of development. Over the years, while developed economies have benefited from the creation of wealth around IP, the same cannot be said for Africa. At least not yet. As succinctly put by Schultz and Gelder: “African creativity remains an underappreciated and under exploited resource: rarely do creative sectors contribute more than 1 percent of the relatively low gross domestic products of any African country. Africa’s share of trade in cultural goods constitutes less than 1 percent of the global total.” IP rights establish a secure legal framework for investment, commercialization of innovation and creativity. It enables firms, including innovative start-ups, to navigate the perilous process of transforming an idea into a commercially viable product and to compete with success in the global marketplace, while safeguarding the public interest. As such, IP is a key factor in creating an environment in which innovation and creativity can flourish and generate future growth and prosperity in Africa.

WHAT IS INTELLECTUAL PROPERTY?

Broadly speaking, the term intellectual property refers to unique, value-adding creations of the human intellect that results from human ingenuity, creativity and inventiveness. IP serve as a shield to any innovation that emanate from an individual intellect by granting the inventor a legal right. It is categorized into different areas of Creativity such as Copyright, Industrial designs, Patent, Trademark, Trade Secret, Geographical Indications, Appellation of origin, Related rights, Traditional Knowledge(TK), Traditional Cultural Expression(TCE), Genetic resources, New plant varieties Protection, and lot more. All these IP rights generally purposed at ensuring that creative and innovative activities are protected against unauthorized users.

INTELLECTUAL PROPERTY PROTECTION IN AFRICA: A NECESSITY OR LUXURY?

For many years before now, most countries in Africa had recognized the important of IP protection. This resulted into the establishment of two International organizations on IP protection in Africa for both English and French speaking countries namely: African Regional Intellectual Property Organization (ARIPO) founded in 1970, and Organization Africaine de la Propriété Intellectuelle (OAPI) founded in 1962. Before the creation of both bodies, IP rights are enforced in Africa by the TRIPS agreement (Trade-related aspects of Intellectual Property rights), and world Intellectual property Organization (WIPO). It can adduced from the above that the concept of IP rights is not a novel concept in Africa. Regrettably, however, notwithstanding the nexus that exist between African countries and IP rights, Africans are yet to recognize the wealth that surrounded IP rights. Hence, Africa growth and development continues to assume a ridiculous dimension.

The general level of interest by the general populace in Africa is far lower than what is obtainable in other continent. In Africa, IP rights are deemed a distraction and not a thing of immediate concern. Our economies in Africa is assuming a ridiculous dimension with no solution in site. Just like how it is obtainable in other climes, Intellectual property protection is key for the growth and development of Africa. Africa has a great tradition of innovation and creativity and has extraordinary creative resources but has often struggled to realize their full economic potential. With problem of this nature, general knowledge on IP protection pose to be inevitable for Africa growth and development most especially during this 21st century era. IP rights shouldn’t be seen as a luxury. It is a thing of immediate concern. In fact, it is the panacea to arange number of problems hindering our growth and development in Africa. To justify the above assertion, some factors contributing to underdevelopment in Africa will be discussed below and ways upon which IP can remedy it all will be examined.

FACTORS CONTRIBUTING TO AFRICAN COUNTRIES UNDERDEVELOPMENT

INADEQUATE ENFORCEMENT MECHANISM OF INTELLECTUAL PROPERTY RIGHTS
Many African countries are in the third-world bracket. Millions of counterfeit goods which are not manufactured in African are shipped in, because of their almost non-existent laws at their ports. These imported goods pose a serious threat to Intellectual Property Protection that could be causing manufacturers and the continent, Africa, billions of dollars annually. According to WIPO, Africans are especially keen to protect traditional knowledge, such as those pertaining ecosystems and medicinal plants, along with patents and trademarks covering inventions, branding and company names. From their studies, some of the most affected areas of Intellectual Property infringements are medicines, computer software, spare parts of vehicles, designer clothes and all these products are being shipped in from Asia which is primarily the main problem. This problem is prevalent in Africa due to lack of enforcement of IP rights. Only few have the appropriate legislative and legal environment necessary for effective enforcement, especially in relation to cross-border trade.

There are several ways in which the inflow of pirated and counterfeit goods can be reduced in Africa with the use of IP enforcement mechanism. For example, the Berne convention and WIPO copyright Treaty contain few provisions concerning enforcement of rights. The convention provides for an enforcement mechanism known as Conservatory and provisional method which can be used to prevent the entry of infringing goods into the channel of commerce with the aid of Custom agency. Without this enforcement, entrepreneurs and developers may not feel motivated to innovate. Even the local companies are afraid to innovate new ideas and develop local contents for fear of having those ideas stolen. All these hinders the development of African continent, and invariably makes IP protection in Africa a necessity and far beyond luxury.

LACK OF EXPOSURE ON INTELLECTUAL PROPERTY PROTECTION:

Another prominent issue is lack of exposure of African to some salient IP rights. According to the World Health Organization (WHO), 90 per cent of food in sub-Saharan Africa is produced using customary farming practices. This knowledge can be protected under IP rights like Traditional knowledge(TK). The region where they are manufacturing this food can also draw the attention of foreign investor to their region if they seek protection under geographical indication and Appellation of Origin. To obtain this protection will be easy since the whole process of manufacturing took place in their region. If all these knowledge are captured and protected correctly, it could foster incredible innovation of great economic value in Africa.

If an idea or invention, which would have qualified for patent protection, falls into the public domain too early, it becomes very difficult to enforce and protect. As Liz Lenjo, advocate of the High Court of Kenya and IP lawyer, advises: “More trainings and health-checks on IP, as well as emphasis to entrepreneurs on the importance of legal counsel when in business, need to be done. For those concerned about costs, protective lawyering is far cheaper than defensive lawyering.” According to the 2017 IP Index, economies with robust IP protection see 80 per cent more knowledge-based, technological and creative outputs; are 75 per cent more likely to have larger and more dynamic content and media sectors; are 68 per cent more likely to have supportive business climates; have 40 per cent greater capacity to generate value from ICT; and are 50 per cent more attractive to foreign investors. The benefits are enormous.

INEFFECTIVE INTELLECTUAL PROPERTY REGISTRATION SYSTEM

The current local systems in place to register IP in Africa are inaccessible, time consuming and difficult to use. As a result, few people in Africa are registering their inventive works. The available local registration system did not encouraged international registration. There are several treaties on international registration of IP which can protect innovation and creativity globally. Among these International registration include; The Madrid System for international registration of trademarks; The Hague convention on international registration of Industrial designs; The Lisbon Agreement on international registration and protection of appellation of origin; The patent Corporation Treaty on international registration of patent. These are important aspect of IP that need to be taken serious by African countries. IP protection does not only protect property right at domestic levels, but can extend it reach internationally. Registering IP as soon as possible is vital. It is a key step in taking a product or service to market.

CONCLUSION

Intellectual property protection is a breeding ground for growth and development in Africa. It is far beyond luxury. If Africa hopes to achieve its sustainable development goals, establishing a knowledge-based and innovation-driven economy with the use of IP rights is essential – and we are at a pivotal point in doing so. Now is the time to direct our creativity into key sectors, such as agriculture, healthcare and tourism. Coupled with the right IP policies and frameworks in place, African Countries can empower themselves to create wealth and take their inventions to the world. Hence, IP rights should be seen as a thing of immediate concern and not a luxury.

Gobir Habeeb Bolaji is a 400level law student of Usmanu Danfodiyo University, Sokoto. He cane be reach via:

08108527278

[email protected]