Africa: IP in Africa: A little different

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Africa: IP in Africa: A little different

An article that recently appeared in the South African news publication Daily Maverick, Intellectual property for the 21st century economy, reminds us that, notwithstanding the increasing homogenisation of IP laws, parts of the developing world are yet to be totally convinced that IP is the best way of ensuring innovation and progress.

The article was written by renowned economist Joseph Stiglitz. He comes right to the point when he says this: 'Developing countries are increasingly pushing back against the intellectual property regime foisted on them by advanced economies over the last 30 years… they are right to do so because what matters is not only the production of knowledge, but also that it is used in ways that put the health and well-being of people ahead of corporate profits.'

According to Stiglitz, the pushback is being led by South Africa, India and Brazil, and the focus is medicines. Although South Africa has in the past felt the 'full legal might of the global pharmaceutical industry', it is in the process of finalising an IP policy that expands access to medicines. The South African government 'is right, and other developing and emerging economies should follow in its footsteps.'

Stiglitz is critical of IP: it was wrong to impose a 'one-size-fits-all' policy; the standards imposed by the developed world are not designed to maximise progress and innovation, but rather corporate profits; the institutions and laws protecting knowledge are increasingly inadequate to govern global economic activity, and poorly suited to the needs of developing countries; patents may encourage research, but the sheer number of patents now stifles innovation; much of the research that is taking place is aimed at extending protection rather than creating new products. The IP regime has, says Stiglitz, erected barriers to the use of knowledge, and this is not sustainable.

Stiglitz says that the 21st century economy will differ from that of the 20th century in two major ways – the economic weight of countries like South Africa, Brazil and India will increase, and the economy of ideas, knowledge and information will become increasingly important. Developing countries should be looking at alternatives to patents for financing research, including centralised bodies like national health institutes, tax credits and prizes.

IP owners in the developed world, as well as their advisors, would do well to bear these philosophical differences in mind

Wayne Meiring


Spoor & Fisher Jersey Africa House, Castle Street St Helier, Jersey JE4 9TW Channel Islands Tel: +44 1534 838000 Fax: +44 1534 838001

info@spoor.co.uk

www.spoor.com

more from across site and SHARED ros bottom lb

More from across our site

New filing data suggests Germany's grip on UPC litigation remains strong, while Bardehle Pagenberg, Arnold Ruess, Hogan Lovells and Carpmaels notch up notable cases
In 27 years, KASS has expanded to seven countries in southeast Asia and is now eyeing further growth opportunities. Its CEO shares her perspective
Mine Güner discusses bridging law and business, taking the initiative, and why Taylor Swift helped put copyright on the map
Cindy Goh discusses why she launched Cheang & Ariff's IP department, the improving litigation environment in Malaysia and what to consider when using AI
Increased focus on adding patent litigation depth to the firm’s Dallas office was behind the boutique’s most recent hires
IPH's Canadian acquisitions are paying off on paper, but a couple of strong years may not be enough to show that the group's strategy has truly won over the market
Examiner statistics could help patent prosecution practitioners tailor strategies, turning an area of high variability into a potential competitive advantage
The England and Wales High Court’s ruling in Accord v Novartis may not rewrite the law on plausibility, but it does signal a pragmatic approach that could provide greater certainty for life sciences innovators
Firms with established sports relationships and specialised expertise are well positioned to capture the market’s expanded pool of IP work
Gunjan Paharia discusses developing RIA, an AI platform built to draw on decades of institutional knowledge, support junior lawyers, and reshape how legal teams work
Gift this article