Africa: Intellectual Property

Nigeria's intellectual property sector has seen significant developments including the implementation of the National Intellectual Property Policy and Strategy, the inauguration of WIPO's first Sub-Saharan...

The Nigerian Trade Marks Registry has published two new Journals, opening a critical two-month statutory opposition window for trade mark owners and applicants. This publication triggers a non-extendable period during which proprietors of earlier marks must act to challenge potentially conflicting applications, or risk allowing them to proceed to registration unchallenged.

For trademark owners, the registration certificate is often perceived as the ultimate proof of ownership. In most jurisdictions, once a trademark is granted, the corresponding certificate is issued shortly thereafter, allowing the owner to rely on a single official document for enforcement, licensing and commercial transactions. In Angola, however, the situation is often more complex.

Nigeria's Federal Competition and Consumer Protection Commission has launched a landmark investigation into Meta, Google, X, and AI platforms following allegations of anti-competitive practices and unauthorized use of news content. The probe examines whether these tech giants hold unchecked market power over Nigerian publishers and raises critical questions about who benefits when platforms generate commercial value from journalism.

The pharmaceutical industry faces a critical challenge: balancing the need to reward innovation through patents with ensuring access to life-saving medications. This article examines how developing economies like Nigeria can structure patent ecosystems that encourage pharmaceutical innovation while maintaining affordable access to essential medicines, exploring mechanisms such as voluntary licensing, compulsory licensing, and differential pricing.

The Casablanca Trade Court has issued what appears to be Africa's first standard essential patent ruling, interdicting two Transsion Holdings subsidiaries from selling 4G and 5G smartphones that infringe Ericsson...

When actress Anita Joseph used AI to swap her face onto content creator Caramel Plug's birthday photograph, it sparked a viral controversy that exposed critical gaps in how Nigeria's creative industry understands copyright ownership. Under the Copyright Act 2022, the photographer—not the subject—typically owns the image, while AI-generated derivatives exist in a legal gray zone that may leave no one with enforceable rights.

Nigeria's Federal Competition and Consumer Protection Commission has launched a landmark investigation into Meta, Google, X, and AI platforms following allegations of anti-competitive practices and unauthorized use of news content. The probe examines whether these tech giants hold unchecked market power over Nigerian publishers and raises critical questions about who benefits when platforms generate commercial value from journalism.

South Africa's Constitutional Court has delivered a landmark ruling on the Copyright Amendment Bill, upholding the controversial shift to 'fair use' while striking down broad educational exceptions for textbook copying. The judgment leaves critical questions unresolved about contract terms, ministerial powers, and the Bill's complete silence on generative AI—creating both constraints and opportunities as Parliament must now revisit legislation conceived over a decade ago.

Cape Verde has introduced a modernised Industrial Property Code that brings significant changes to the country's intellectual property framework.

A South African court has delivered a decisive ruling on the limits of post-employment competition, finding that two senior employees unlawfully used their former employer's proprietary software, client relationships, and confidential information to launch a competing business. The judgment reinforces that fiduciary duties can extend beyond employment termination and that building a business on a former employer's investment constitutes unlawful springboarding rather than legitimate entrepreneurship.

China's elimination of tariffs on Nigerian imports presents unprecedented market access to 1.4 billion consumers, but Nigerian exporters face critical intellectual property vulnerabilities...