The COVID-19 pandemic has highlighted the critical importance of effective intellectual property (IP) systems for sustainable development, especially in Africa. Despite ongoing efforts, many African nations face significant challenges in harnessing IP’s full potential to promote socioeconomic development in public health, agriculture, and industrialisation. The pandemic revealed both strengths and weaknesses in existing IP systems, emphasising the need for reforms to better address public health emergencies and foster innovation.
In this context, there has been a growing focus on transforming the IP landscape in Libya and North Africa. Various initiatives, notably those by Qabas, have gradually enhanced IP ecosystems, contributing to sustainable development in the region.
Intellectual Property Ecosystems in Africa
IP ecosystems in Africa have not been optimal in leveraging IP to advance socioeconomic development towards achieving the Sustainable Development Goals (SDGs). For instance, Africa accounted for only 0.5% of the world’s patent applications in 2020, compared to 66.6% for Asia, 19.3% for North America, and 10.9% for Europe. Furthermore, only 20.7% of these applications were from residents, indicating limited local innovations or protection by patent systems.
Several factors contribute to this low level of patent protection among African residents, including weak science and technology capacity, inadequate research facilities and funding, insufficient intellectual property awareness, high costs of processing patent applications, and the complexity of maintaining patents. The cost of enforcement and subsequent litigations also poses a significant challenge.
Research has shown various shortcomings of IP ecosystems: many African patent offices are not fit for purpose due to limited resources. They lack safeguards and quality control mechanisms, as many do not conduct substantive examinations. There is limited infrastructure to ensure that information in patent applications is electronically available to the public, including researchers and technology-oriented industries. Additionally, gaps exist in relevant national IP legislation. The COVID-19 pandemic revealed that existing TRIPS safeguards on public health, intended to benefit Least Developed Countries (many of which are in Africa), have not been fully implemented or utilised.
No “One Size Fits All”
Lessons from the COVID-19 pandemic and ongoing AfCFTA negotiations provide an opportunity for policymakers and legislators to reexamine IP systems in Africa to make them “fit for purpose”. Intellectual property rights (IPRs) are private rights and territorial in nature, meaning national laws regulate the conditions for IPR acquisition, maintenance, and enforcement alongside international engagements.
Key questions for policymakers include: Are administrative procedures and costs to acquire IP protections adequate? Do court systems facilitate the enforcement of IPRs in case of infringement? Is the private sector, including small and medium enterprises, researchers, and entrepreneurs, fully aware of national IP systems? Are IPR legislations adequate and up to date? Does the national IP office have sufficient capacity to process IP applications and publish necessary information on inventions to the public? Addressing these questions will help policymakers revisit their IP ecosystems and identify areas for improvement.
It is essential to consider how IP laws, policies, and practices are designed and utilised in different countries to determine the effectiveness of the IP system for development purposes. Therefore, taking into account each country’s context and uniqueness is crucial. In other words, there is no “one size fits all” solution. The uniqueness includes existing national IP frameworks and international engagements, industrial composition and national strategic industries, market sizes, research and development (R&D) environments, and the advancement of industrialisation.
This national review exercise will help negotiate IPRs under the phase II of AfCFTA, promoting coherent regional IP ecosystems that advance the establishment of regional value chains to accelerate sustainable development. The time has come for Africa to advance with IP, fostering an environment where innovation and creativity can thrive, ultimately leading to sustainable development and economic growth.
Qabas: A Case Study in Public-Private Partnership
In Libya, Qabas exemplifies how public-private partnerships can enhance intellectual property (IP) ecosystems. They implement robust anti-counterfeiting measures to detect and counteract counterfeit activities, coordinating with local and international authorities for comprehensive IP protection. Qabas bolsters copyright enforcement by tackling unauthorized use and replication of materials, providing specialized legal support.
The firm offers expert litigation support to defend intellectual property rights in court, navigating North African legal complexities. They manage legal proceedings to challenge and annul infringing IP registrations, thereby protecting clients’ rights.
Qabas exemplifies the private sector’s ability to fill gaps left by the state, contributing significantly to state-building efforts and the implementation of intellectual property laws. Collaborating with state authorities, Qabas has successfully improved the current state of intellectual property protection in the country.
To maximize returns from intellectual assets, the firm also employs commercialisation tactics tailored to North African markets. They negotiate and manage licensing agreements to align with strategic business goals, optimizing revenue and market expansion. Technology transfer initiatives ensure compliance with regulations and maximize commercial potential. Additionally, Qabas conducts in-depth valuations of intellectual properties to determine their financial worth and market value.
Through its comprehensive approach and commitment to enhancing IP systems, this public-private partnership has gradually built stronger IP frameworks, paving the way for sustainable development in Libya. This model of public-private partnership serves as an example for other African countries seeking to enhance their IP ecosystems for broader socioeconomic benefits.
