What changed?
The AfCFTA Protocol on Intellectual Property Rights was concluded under the Phase II negotiations, and its Annexes have since been adopted. Together they form a continental intellectual property framework, the first of its kind. Instruments existed at national and regional level. None covered the continent as a whole.
Why does a continental framework matter to a business?
Because a market of one country and a market of a continent make different demands on a brand. An enterprise that registers a trademark at home and then exports discovers that protection stops at the border. Consistent policies across State Parties are what allow a business to plan expansion rather than react to it.
What counts as intellectual property in practice?
Trademarks, patents, copyright, industrial designs, geographical indications and trade secrets. For most enterprises the most valuable intangible asset is the brand. For a manufacturer it may be a design or a process. For a creator it is the work itself.
What does protection actually unlock?
Three things that are difficult to obtain without it. The ability to license or franchise rather than sell outright, which matters when capital is short. Credibility with investors and partners, who tend to prioritise enterprises whose innovations are owned and registered. And recourse when a product is imitated.
Where does a business start?
With the national intellectual property office, and with the regional organisation covering its jurisdiction.
