This is the 10th post in a blog series to be published in 2023 by the APET Secretariat on behalf of the AU High-Level Panel on Emerging Technologies (APET) and the Calestous Juma Executive Dialogues (CJED)

The global economy is increasingly being driven by knowledge, innovation, and technology, with IPR protections playing a critical role in fostering inventions.[1] Africa has witnessed the transformative impact of Science, Technology, and Innovation (STI) within the e-commerce space, with mobile payment systems like M-PESA redefining the way business is conducted.[2] Additionally, the use of drones to transport medical supplies and vaccines to remote areas is has brought innovative solutions to address health challenges that have beset African countries for decades.[3] Research and development in the fields of renewable energy, biotechnology, and artificial intelligence are also seen as key drivers of economic growth and development.[4] The benefits of these innovations cannot be fully realised without the protection and recognition provided by Intellectual Property Rights (IPR).

IPR provides protection and recognition to innovators and creators, giving them exclusive rights to control and value their inventions. This recognition and safeguard incentivise innovators to continue to create and thereby encourage more innovation in a range of fields. Fostering a robust environment that supports the creation, protection, administration, and enforcement of IPR can catapult African countries into the forefront of the global economy. In addition, the private sector can thrive, thereby enhancing competition and promoting innovation.

A Nigerian scientist, Dr Samuel Achilefu, for example, developed a pair of high-tech goggles that can help surgeons identify cancerous tissues during surgery (see Figure 1). His work was recognised with a prestigious award for African innovators, the Africa Prize for Engineering Innovation, which gives him exclusive rights to his invention.[5]

Figure 1: Dr Samuel Achilefu wearing the cancer goggles for surgery

Another example is seen in South Africa, where a company called Lumkani developed a low-cost fire detection system that uses heat detection instead of smoke detection to prevent loss of life and property in informal settlements (see Figure 2). The company was able to secure patents for its innovation, which provided them with exclusive rights to the technology.[6]

Figure 2: Lumkani’s fire detection system

Scientific and technological research, development, and innovation (RDI) are critical enablers of Africa's social and economic transformation, and IPR plays a crucial role in obtaining value from these innovations. The recognition and protection of IPR create a conducive environment for innovation and enhance the private sector’s competitiveness in promoting sustainable economic growth and development in Africa.[7]

The African Union recognises the importance of IPR protection in promoting innovation and development on the continent. The Continental Strategy on Geographical Indications (2017) is one of the IPR instruments developed by the African Union (AU) to promote long-term rural development and food security.[8] This is accomplished by recognising geographic indications as a tool for enhancing the value of products from specific regions. For example, Ethiopia's famous coffee is protected by a GI that ensures the unique taste and quality of the product, while also providing a source of income for local farmers.

The African Model Legislation for the Protection of the Rights of Local Communities and Breeders and Regulations of Access to Biological Resources (2000) is another important IPR instrument that aims to protect Africa’s common biological diversity and the livelihood systems that depend on it.[9] The legislation provides a framework for regulating access to and benefit-sharing from genetic resources, such as traditional medicine and agricultural products. For instance, the traditional use of Rooibos tea by indigenous communities in South Africa is protected under this legislation, which ensures that the benefits derived from its commercialisation are shared with the local communities.[10] By creating these IPR instruments, the African Union is taking proactive steps to promote innovation and development on the continent while protecting the rights and indigenous knowledge of its citizens.[11]

Leveraging Intellectual Property Rights protections is a powerful way for Africans to create, sell, and secure income from their cutting-edge goods and services. For example, African countries can use patents to protect their innovative technology and pharmaceutical products, trademarks to differentiate and promote their brands, and copyrights to safeguard their creative works such as music, artwork, and films. By registering and enforcing these IPRs, African businesses can gain a competitive advantage in both domestic and international markets, thereby attracting investment and generating income. A Nigerian company, SecureID, for instance, has built a successful business by innovating and patenting smart card technology for identity and payment applications.[12] Similarly, a Kenyan-based technology firm, BRCK, has leveraged its patented technology for portable internet connectivity devices to secure partnerships with global companies such as Microsoft and IBM.[13]

Furthermore, African countries can also use geographical indications (GIs) to promote and protect unique products that are associated with specific regions or areas, such as Rwandan coffee or South African rooibos tea. This not only adds value to the products but also helps to preserve local tradition and culture. Therefore, by effectively utilising IPRs, African countries and businesses can promote innovation, secure economic benefits, and improve their negotiating position in global markets.

Intellectual property rights are also crucial for converting knowledge into commercial assets. With IPR protection, businesses and innovators can invest in innovation without fear of losing their investment or having their ideas stolen. This security encourages investment and drives economic growth. One example of this is the pharmaceutical industry, which invests heavily in research and development to discover new drugs. The industry relies on patents to protect its investment and secure its exclusive rights to produce and sell drugs, allowing them to recoup investment and earn profits.

Despite the importance of the IPR, Africa is still lagging behind in the number of patents filed on the continent (see Figure 3 below). Shockingly, in 2020, Africa only accounted for 0.5% of the patent application, while Asia had an overwhelming 66.6%, North America 19%, and Europe 10.9%.[14]

 

Figure 3: Number of registered patents by region

This significant disparity between Africa and other regions can be attributed to several factors, including a lack of awareness about the importance of IPR, weak legal frameworks for IPR protection, and limited financial resources for research and development.[15]

There are, however, some encouraging examples of African countries taking steps to increase their patent applications and protect their intellectual property. For instance, South Africa has established a national IP policy, which seeks to enhance the country's innovation ecosystem and increase the number of patent filings. Similarly, Kenya has developed a national IP strategy that aims to increase awareness of IPR and improve IP protection and enforcement. These efforts are essential for Africa to become a more significant player in the global economy and to drive its social and economic transformation through innovation.

According to the African Union High-Level Panel on Emerging Technologies (APET), the absence of a comprehensive national policy on intellectual property is a significant challenge to Africa’s innovation and its impact on development. This hinders progress in other areas of other evolving initiatives. APET also notes that the low number of domestic applications for various intellectual property rights reflects limited local innovation. The lack of awareness of relevant rights or inadequate financial resources to pay for patent registration fees could sometimes impede domestic applications for various intellectual property rights. Additionally, poor record-keeping procedures and inadequate technical infrastructure at intellectual property registries are among the other factors that could impact the growth of intellectual property rights on the continent. Improving the IPR regime in African countries is, therefore, critical in bolstering and fostering innovation and promoting economic growth.

APET emphasises that improving the IPR regime in African countries is critical to fostering innovation and promoting economic growth. One of the key strategies proposed by the Panel is to encourage public-private partnerships. These partnerships can create an environment that fosters collaboration between innovators and private sector players to develop new technologies and bring them to market. For instance, African governments can partner with the private sector to provide funding, technical assistance, and other resources to help entrepreneurs develop their innovations. This collaboration can also extend to financial institutions, as governments can work with banks to offer loans to business owners who pledge intellectual property as security. By doing this, innovators can access the funding they need to bring their ideas to market and grow their businesses.

In addition, the Panel encourages African policymakers to facilitate closer collaboration between universities and entrepreneurs. African governments can strengthen the incentives provided to universities and research institutions to launch new businesses, reward employees, and simplify university IP ownership policies. Additionally, policymakers can make it easier for academics and researchers with an entrepreneurial spirit to establish spin-off companies. Such collaboration will enable academic research to be translated into practical applications, thus fostering economic growth and development. By providing such incentives, governments can encourage the development and commercialisation of innovative products and services. This, in turn, can lead to job creation, increased competitiveness, and ultimately contribute to the growth of the economy.

The Panel is committed to promoting innovation and entrepreneurship across Africa and encourages African governments to provide incentives to innovators and companies to generate Intellectual Property (IP). Furthermore, improving record-keeping procedures and investing in technical infrastructure at intellectual property registries is also critical to improving the IPR regime in Africa. This will ensure that innovators have access to the resources they need to protect their intellectual property and that investors have a reliable and transparent system for investing in new technologies.

The panel urges African countries to speed up the processes in obtaining IP patents and provide a tax break for new patents. This will encourage inventors and companies to obtain patents quickly, thereby safeguarding their innovations and facilitating their commercialisation. A tax break for new patents will further incentivise innovators and companies to develop and commercialise innovative products and services, thereby contributing to economic growth and development. This is because APET believes that providing incentives for innovators and companies to generate Intellectual Property, developing better IP regulation guidelines, encouraging collaboration between universities and entrepreneurship, and speeding up IP patent processes are crucial steps in promoting innovation and entrepreneurship across Africa.

Moreover, to create global models, procedures, and best practices for IP valuation, African countries should develop better IP laws, and regulatory guidelines in line with international standards.  Governments can collaborate with one another or with international organisations such as the World Intellectual Property Organization (WIPO) to achieve this. The establishment of such guidelines will provide a clearer legal framework for IP management, which will help to promote innovation and entrepreneurship across the continent

In conclusion, APET notes that IPR can effectively promote socio-economic development through innovation. This will, however, require collaboration between policymakers, researchers, and industry stakeholders to create a legal framework that supports and protects innovative ideas and products. Furthermore, it is essential to build capacity and raise awareness among entrepreneurs, researchers, and policymakers about the importance of IPR. This includes training programs and workshops on IP management and licensing, as well as promoting IP education and literacy in schools and universities. APET affirms that by enhancing IPR on the African continent, countries can unlock the potential for innovation, creativity, jobs and economic growth.

 

 

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[1]https://itif.org/publications/2019/04/25/way-forward-intellectual-property-internationally/

[2] https://au.int/sites/default/files/newsevents/workingdocuments/33178-wd-stisa-english_-_final.pdf.

[3] https://www.weforum.org/agenda/2020/05/medical-delivery-drones-coronavirus-africa-us/.

[4] Singh, N.; Nyuur, R.; Richmond, B. Renewable Energy Development as a Driver of Economic Growth: Evidence from Multivariate Panel Data Analysis. Sustainability 2019, 11, 2418. https://doi.org/10.3390/su11082418.

[5] https://techpoint.africa/2015/06/18/this-nigerian-radiologist-invented-cancer-seeing-goggles-for-surgeons/.

[6] https://www.theguardian.com/global-development/2016/dec/27/south-africa-startup-blazes-trail-fire-detection-protect-townships-lumkani-khusela-ikhaya-project.

[7] https://www.un.org/osaa/sites/www.un.org.osaa/files/final_policy_paper_on_iprs_in_africa_fin_en_230822_v56883.pdf

[8] https://au.int/sites/default/files/documents/36127-doc-au_gis_continental_strategy_enng_with-cover-1.pdf.

[9] https://www.blauen-institut.ch/s2_blue/tx_blu/tp/tpt/t_oau_model_law.pdf.

[10] https://www.derebus.org.za/rooibos-revealing-the-road-to-traditional-knowledge-protection/.

[11] https://worldjusticeproject.org/news/value-traditional-knowledge-milestone-indigenous-rights-south-africas-rooibos-industry.

[12] https://www.wipo.int/wipo_magazine/en/2019/05/article_0002.html.

[13] https://news.microsoft.com/en-xm/2019/05/14/upepo-technology-receives-microsoft-ai-for-earth-grant-for-innovation-in-waterkevin-kihara-ceo-upepo/.

[14] https://www.un.org/osaa/news/towards-effective-intellectual-property-ecosystems-sustainable-development.

[15] https://www.brookings.edu/blog/africa-in-focus/2020/01/23/figure-of-the-week-patent-policies-and-their-effects-on-african-innovation/.