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Intellectual Property Policy Formulation in LDCs in Sub-Saharan Africa

Intellectual Property Policy Formulation in LDCs in Sub-Saharan Africa MICHAEL BLAKENEY ∗ and GETACHEW MENGISTIE ∗∗ I. INTRODUCTION Most least-developed countries (LDCs) are members of the World Trade Organization (WTO) or are in the process of acceding to membership of the Organization. Implementation of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is one of the membership obligations for WTO members. This article examines the construction and implementation of intellectual property (IP) policies in a number of LDCs in Sub-Saharan Africa (SSA) and the integration of those policies with other developmental priorities within those countries. For example, in the essentially agricultural LDCs of SSA, the establishment of knowledge-based industries offers an opportunity for economic development which is perceived as a means of ‘antelope-jumping’ the necessity for transition through heavy industry. As will be seen below, a number of SSA LDCs have announced information and communications technology (ICT) plans as ‘an engine for: accelerated development and economic growth; national prosperity; and global competitiveness’.1 Intellectual property provisions are contained in a number of regional trade agreements which have SSA members. Article 24 of the Protocol on Trade in the treaty establishing the Southern African Development Community (SADC) states that ‘Member States shall adopt policies and implement measures http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Intellectual Property Policy Formulation in LDCs in Sub-Saharan Africa

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Publisher
Edinburgh University Press
Copyright
©© Edinburgh University Press 2011
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2011.0004
Publisher site
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Abstract

MICHAEL BLAKENEY ∗ and GETACHEW MENGISTIE ∗∗ I. INTRODUCTION Most least-developed countries (LDCs) are members of the World Trade Organization (WTO) or are in the process of acceding to membership of the Organization. Implementation of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is one of the membership obligations for WTO members. This article examines the construction and implementation of intellectual property (IP) policies in a number of LDCs in Sub-Saharan Africa (SSA) and the integration of those policies with other developmental priorities within those countries. For example, in the essentially agricultural LDCs of SSA, the establishment of knowledge-based industries offers an opportunity for economic development which is perceived as a means of ‘antelope-jumping’ the necessity for transition through heavy industry. As will be seen below, a number of SSA LDCs have announced information and communications technology (ICT) plans as ‘an engine for: accelerated development and economic growth; national prosperity; and global competitiveness’.1 Intellectual property provisions are contained in a number of regional trade agreements which have SSA members. Article 24 of the Protocol on Trade in the treaty establishing the Southern African Development Community (SADC) states that ‘Member States shall adopt policies and implement measures

Journal

African Journal of International and Comparative Law – Edinburgh University Press

Published: Mar 1, 2011

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