Africa: African governments show increased interest in IP protection

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Africa: African governments show increased interest in IP protection

On June 28 2018 the Zimbabwean authorities published a document entitled the Zimbabwe Intellectual Property Policy and Implementation Strategy.

For those who have witnessed the economic decline of Zimbabwe, the document is almost plaintive. It acknowledges that Zimbabwe is in "dire need of a National Intellectual Property Policy and Strategy." It puts extraordinary faith in intellectual property. According to the document, IP will "turn around the economic fortunes of the country" and "transform Zimbabwe from a resource-based economy to a knowledge-based economy."

The policy will create a country with "high levels of IP awareness, IP consciousness and IP literacy." It will create a country that has a "culture of creativity, innovation and inventiveness." It will ensure that there are "reliable IP laws and enforcement measures."

Zimbabwe is not the first country to publish an official IP policy. In 2016, Ghana published its National Intellectual Property Policy and Strategy (NIPPS). This document recognises that "globalization and technological advancement are changing the landscape of the world economy." It recognises that "trade in high-value added and intensive goods and services has become central to many economies." It recognises that "knowledge-based industries are becoming the drivers of economies."

It shows ambition too. The policy will bring Ghana's IP system in line with "international best practices." It will place Ghana "amongst the leading countries in the utilization of IP as a tool for rapid national development." It will allow Ghana to achieve the status of "an advanced human society with a better quality of life reflected in all aspects of socio-economic and environmental conditions."

The IP policy that really made the headlines was the one in South Africa, first introduced in 2013. Unlike the two described above, this one had a far stronger developing world flavour to it, with suggestions that South Africa should follow developments in "similar economies such as Brazil, India and Egypt". This issue attracted criticism from a leading IP judge, who suggested that this would do little to "engender confidence and attract investment." He also suggested that some joined-up thinking was in order, alleging that the Department of Science and Technology was pro-IP, whereas the Department of Health and the Department of Education were anti-IP.

Much water has flowed under the bridge and now one of the central pillars of that policy, patent examination, an issue strongly linked to concerns about evergreening of pharmaceutical patents, is seemingly imminent. In February 2018, three trainee patent searchers employed by the Companies and Intellectual Property Commission (CIPC), published an article in a South African legal magazine. In it, they confirmed that South Africa would be phasing in patent examination, starting with certain sectors as well as local applications. They said that this would lead to an increase in costs, but promised that "the quality of the patents granted by the CIPC will increase as well."

It is quite clear that a number of African governments now take IP very seriously.

galle.jpg

Margaret Le Galle


Spoor & Fisher JerseyAfrica House, Castle StreetSt Helier, Jersey JE4 9TWChannel IslandsTel: +44 1534 838000Fax: +44 1534 838001info@spoor.co.ukwww.spoor.com

more from across site and SHARED ros bottom lb

More from across our site

In-house counsel explain why firms should provide risk management advice that helps them achieve their goals
Attorneys at four firms explain the AI trends they expect in the future, including a potential shift in who plaintiffs sue for copyright infringement
The dispute at the Intellectual Property Enterprise Court pits Dryrobe against D-Robe and will include a ‘genericide’ element
Novo Nordisk losing patent rights covering Ozempic in Canada and a US Supreme Court decision favouring Ed Sheeran were also among the top talking points
The court will hand down its ruling in Iconix v Dream Pairs on Tuesday, June 24, in a case that concerns post-sale confusion
Developments included a stay in a row concerning the UPC’s jurisdiction and a timeline for the rollout of the long-awaited new CMS
Jorg Thomaier, who has been head of IP at the German pharma company since 2010, will leave later this year and hand the reins to the company’s head of patents
Companies must conduct thorough IP due diligence – even if it may not be mandatory
Celia Cheah at Wong & Partners in Malaysia says she is aiming to tap into the Baker McKenzie member firm’s international network and expand its IP portfolio
A team of partners that joined Boies Schiller Flexner say they would like to double the firm’s patent litigation capabilities
Gift this article