Africa is playing an increasingly more significant role in the domain of international intellectual property law, and this book underlines the contributions made by African countries as a group to the development of the current international IP system. It examines in detail their breakthrough proposals and initiatives at the WTO, WIPO and WHO with regard to IP and public health; IP and traditional knowledge, traditional cultural expressions and genetic resources; IP and biodiversity; and exceptions and limitations to copyright. Using Botswana, Burundi, Egypt, Ghana, Kenya, Mauritius, Morocco, South Africa and Tunisia as examples, it examines the systems under which these IP subject matters are protected. From a regional perspective, the book also analyses some initiatives taken by ARIPO, OAPI and the African Union to protect traditional knowledge and traditional cultural expressions, especially in relation to protection of the rights of local farming communities and breeders, regulation of access to biological resources, genetically modified organisms and the proposed establishment of the new Pan-African Intellectual Property Organization (PAIPO). Demonstrating how Africa is now an active player on the international IP scene, this book will be invaluable to those interested in intellectual property law, business and commercial law, and African and international law.
’…very promising to those of us interested in intellectual property in Africa and finding resources on the subject to be somewhat lacking. It is especially exciting to see a book that approaches Africa’s contributions to global IP instead of global IP’s influence on Africa. In fact, Kongolo’s book delivers more than its title promises.’ Journal of Intellectual Property Law and Practice ’The book examines the active role being played by Africa in devising new arrangements to tackle public health, access to educational material, access to genetic resources and protection of traditional knowledge and how this international dynamism is properly echoed at the national level. These issues are exhaustibly examined in this timely, incisive and well-researched book.’ Pedro Roffe, International Centre for Trade and Sustainable Development, Switzerland ’This well-written book provides an insightful, comprehensive and up-to-date account of Africa's contributions to the development of domestic, regional and international intellectual property standards. Its publication cannot be more timely in view of the recent emergence of the African Group. For those who consider African countries passive takers of international norms shaped in the developed world, Tshimanga Kongolo's informative account will make you rethink your assumptions. The book is a rare gem in the literature of international intellectual property law and policy.’ Peter K. Yu, Drake University Law School, USA ’This well written volume puts forward African initiatives on intellectual property matters which affect their development. The nicety of this book is that it displays in an accurate manner, present intellectual property negotiations taking place at several international organizations where the African Group is an active actor through its revolutionary initiatives in the areas of traditional knowledge, public health, and access to genetic resources. It will enable readers to well perceive
Contents: Preface; Introduction; African countries’ national perspectives on various intellectual property issues; African regional intellectual property systems and regional initiatives; African initiatives at the international level; General conclusions; Bibliography; Index.