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

Cookies Settings

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

Qantm CEO speaks to Managing IP about the business's first deal since it was acquired by a private equity firm and explains why top-tier Malaysian firm Henry Goh & Co was the group's ‘plan A, B and C’
György Pintz, founder of Pintz & Partners, talks through the challenges of founding a firm and explains why lawyers and table tennis players have more in common than you might expect
Kate Nuehring Su, partner at Marshall, Gerstein & Borun, explores a successful PTAB appeal and why the Federal Circuit reached an opposite outcome on the same doctrine
From BTS to Squid Game and kimchi to memory chips, the Korean wave is reverberating around the world and IP work is also seeing a boom, say two Yoon & Yang partners
Managing IP will host a ceremony in Kuala Lumpur on November 5 to reveal the winners
Recent lateral moves raise a bigger question for full-service firms – can patent litigation remain a strategic priority when competing practices generate larger profits?
As counterfeiters grow increasingly sophisticated, Gibson Dunn is differentiating its trademark practice through a focus on payment tracing, judgment enforcement and asset recovery
Anita Polott, who is celebrating three decades at Morgan Lewis this year, reflects on career progression, stepping into unfamiliar territory, and leadership frameworks
Technical excellence remains essential, but many firms are discovering that packaging IP with complementary practice areas can unlock new clients and a stronger competitive position
As international interest in Southeast Asia grows, Sheng Rong Tng discusses how changing client demands and the firm’s multidisciplinary model are helping it compete for complex regional mandates
Gift this article