We use cookies to give you the best online experience. By using our website you agree to our use of cookies in accordance with our cookie policy. Learn more here.Close Me
In the wake of the debt crisis in Europe, the business world is
looking at emerging markets in the developing world with renewed
interest. From being regarded as something of a basket case, Africa
is now seen as playing a significant role in the First World's
economic salvation. However, this cannot have any hope of success
in a completely laissez-faire environment and prudent practice
requires that intellectual property be properly protected wherever
business is done.
Naturally, IP-owners will be concerned about
enforceability of their rights in African states and the procedures
involved in doing so. Certain regional IP-related organisations
have already been established to streamline this process, including
ARIPO and OAPI. ARIPO (African Regional Intellectual
Property Organization) is a regional patent filing system in Africa
and is similar to the regional patent filing system in Europe,
allowing an application for granting a patent to be made centrally
at the ARIPO office, which is situated in Zimbabwe. The
other regional patent system in Africa is OAPI
(Organisation Africaine de la Africaine de la
Propriété Intellectuelle the African
Intellectual Property Organization), which currently has 16 member
states.
The legal frameworks are thus in place, but it pays to have
local expertise in terms procedure, national law and multi-lateral
agreements. Based on this, South African IP practices are looking
to their home continent with increasing interest and some highly
respected names in the local legal world recently have announced
the opening of offices in various African states. With the world
wanting to do business in Africa, IP is becoming a hot
commodity.
In some cases, this is not so much a scramble for Africa as the
continuation of an existing strategy. An example of this is the IP
specialist firm, Spoor & Fisher, which has for some thirty
years provided services across Africa, mainly through its Jersey
office. Spoor & Fisher has an OAPI office in Cameroon and a
well-developed network of agents across the continent.
No doubt, doing business in Africa can imply a steep learning
curve so seeking advice from experts with a sound track record may
be the best route for new players.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
BMW had sued Grandmark, a company that is a major supplier of replacement parts, in other words vehicle parts that aren't manufactured by the vehicle manufacturers themselves but rather by independent companies, and that often cost a fraction of the price of the originals.
The Economist, in an editorial called ‘Print Me a Stradivarius’, recently questioned how 3- dimensional printing will affect IP. My reaction was a simple: Say What!
A discussion on the decision of the Indian Supreme Court to deny Novartis’s application for patent protection for an improved version of its patented Glivec drug.
The news that what’s arguably the world’s best known company, Apple, is unable to continue selling what’s arguably the world’s hottest product, IPad, under that name in China will give IP lawyers the heebie-jeebies.
Patent Protection Conditions Video
