[wanabidii] CLAIMING OWNERSHIP: INTELLECTUAL PROPERTY IN AFRICA

Friday, October 11, 2013
THE IPR SESSION OF THE 9TH US-AFRICA BUSINESS SUMMIT, OCTOBER 8-11 2013
TOPIC: CLAIMING OWNERSHIP: INTELLECTUAL PROPERTY IN AFRICA

By Dr Mary Nagu

Economic significance of IPR
Africa is evidently a magnet for global business and investment with the potential for much higher Return on Investment than any other region in the World. Africa is home to numerous investment and business attractions such as natural resources with widest diversity of flora and fauna, mineral resources, agricultural products and agribusiness potential, a vibrant and creative music, film industry and many more. 

In order for Africa to benefit from the above resources; markets must be secure, stable and safe to attract global business and investment inflows. We in Africa treat the protection of Intellectual Property Rights as paramount in order for Africa to enjoy a sustained business and investment inflows.

Claiming Ownership of IP in Africa
Intellectual Property regime calls upon protection of creators of the Intellectual Properties, thus asserting ownership to these creations. African Governments have set legal frameworks which in one way or another foster protection and administration of Intellectual Property Rights (IPR) thus creating exclusivity to the use of these creations. 

These legal frameworks are faced with various challenges. Over the last decade, counterfeiting, piracy and passing-off have risen to very dangerous dimensions and have become one of the most devastating problems challenging the Intellectual Property ownership. These challenges call for concerted efforts in the enforcement of IP laws to ensure that the trade and business distortions are eradicated and the ownership of IP is asserted. If this is achieved, investments will flourish.

Protection of Intellectual Property Rights in Tanzania
In Tanzania we recognize IP as the vital link between the strategic use of intellectual property in social and economic development and the consequent poverty eradication. We have practically seen for instance, how entertainment industry is engaging a number of otherwise unemployed people into not only creating jobs for themselves, but for others as well. So, setting the legal framework for protection and recognition of IPR will not only benefit owners but also the Government and the entire economy. 

In the Government Roadmap for Improvement of Business Environment and Investment Climate, the issue of IP Policy formulation has been given prominence. Formulation of the National Intellectual Property Policy is ongoing. There is in place an established IP institutional framework which includes administration of industrial property; as well as copyright and related rights. Besides these two institutions, other institutions in the administration of IP matters include those dealing with Fair Competition, adjudication of IP cases (Courts), regulation of importation of goods and protection of Plants Breeders' rights. 

Intellectual Property Rights Tools
In Intellectual Property ownership, there are various tools; which if effectively utilized; have the potential for leveraging Africa's resources in accelerating social and economic development. Such tools include branding and Geographical Indications (GIs). We have Countries in Africa that have successfully used branding as a marketing tool for agricultural products; with substantial impact on the living standards of their people; by tapping directly in the world markets for their products.

Benefits of Protection of Intellectual Property Rights in Africa
Intellectual Property Policies, their corresponding Implementation Strategies, and effective enforcement of Intellectual Property laws will substantially drive economic growth and enhance Africa's competitiveness in the global market by attracting more FDI inflow.

Conclusion
In concluding, I wish to note that Africa has great potential in IP ownership though much is still to be done especially on capacity building and awareness creation in order to make the Government, owners and users of IP benefit from strategic utilization of IP assets.


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