The African Intellectual Property Organizations: The Necessity of Adopting One Uniform System for All Africa 3 Journal of World Intellectual Property 2000

3 J. World Intell. Prop. 265 (2000)
The African Intellectual Property Organizations: The Necessity of Adopting One Uniform System for All Africa

handle is hein.journals/jwip3 and id is 261 raw text is:

The African Intellectual Property Organizations

The Necessity of Adopting One Uniform System for All Africa

Tshimanga KONGOLO*

I. INTRODUCTION

The necessity of protecting intellectual property rights within the international,
regional and national frameworks has been acknowledged all over the world. On the
international horizon, efforts have been made to establish a universal system of
protection of intellectual property. While the idea sounds great, it is meaningful to point
out that the actual system embodied in the Agreement on Trade-Related Aspects of
Intellectual Property Rights of the World Trade Organization indeed does not reflect
the international standards, as it has failed to consider the claims of developing countries
by prevailing principally the interests of developed nations.
It should be noted that at present in Africa, two major regional organizations
dealing with intellectual property matters exist: the African Regional Industrial Property
Organization (hereinafter the ARPo) and the Organisation Africaine de la Propriftt
Intellectuelle (OAPI).1 The two Organizations were established after the independence of
most African countries. However, it is unfortunate to notice that only a few African
countries are members of the ARIPo and the OAPI. It should be mentioned at the outset
that the systems of protection provided under these Organizations do not reflect, in a
strict sense, the African realities. They are, to some extent, simply the transposition of
the so-called international protection system to the regional level, almost without
adjustment. In other words, the ARIPo and the OAPI systems are modelled after the
Western style of intellectual property protection which does not always correspond and
fit to the African realities and environment. Notwithstanding that the Organizations
have played a significant role in the harmonisation of the intellectual property laws of
their Members, it should be pointed out that these Organizations are not without
shortcomings. Their systems would be more effective if they would take into
consideration African needs, priorities and realities. They should guide African countries
for the setting up of a unique African system of protection of intellectual property which
would enable the international community to acknowledge the African vision.
Aware of the imperfection of the TRIPS to deal with regional-specific matters,
developing countries in general and African countries in particular must endeavour to

* Assistant Professor, School of International Public Policy, Osaka University, Osaka, Japan.
I In English, the African Intellectual Property Organization.

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