Opening the floodgates to untapped markets: IP and AfCFTA’s role in promoting the African start-up ecosystem

Opening the floodgates to untapped markets: IP and AfCFTA’s role in promoting the African start-up ecosystem

by | Feb 16, 2026 | SAIPLJ, SAIPLJ 2025 SE

Opening the floodgates to untapped markets: IP and AfCFTA’s role in promoting the African start-up ecosystem

Author Andrew Mutua

ISSN: 2521-2591
Affiliations: Trainee Advocate, Munyao, Muthama and Kashindi (MMK) Advocates, Kenya
Source: South African Intellectual Property Law Journal, 2025, p. 139-157
https://doi.org/10.47348/SAIPL/v13/i2a7

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Andrew Mutua
Opening the floodgates to untapped markets: IP and AfCFTA’s role in promoting the African start-up ecosystem
South African Intellectual Property Law Journal, Volume 13 Issue 2, p. 139-157
https://doi.org/10.47348/SAIPL/v13/i2a7

Abstract

Africa’s start‑up ecosystem has become a defining feature of the continent’s innovation economy, yet its capacity to scale regionally is constrained by fragmented intellectual property regimes and uneven enforcement. Intellectual property (IP) is the foundation upon which ideas are secured, commercialised, and transformed into competitive advantage. The African Continental Free Trade Area (AfCFTA), through its emerging IP Protocol, offers a structural opportunity to embed IP into the architecture of continental integration, positioning it as a developmental currency rather than a technical afterthought.
This paper examines the current state of IP in Africa, tracing challenges of duplication, prohibitive registration costs, and weak institutional capacity, while analysing how AfCFTA can harmonise substantive law, streamline procedures, and embed enforceability. It argues that a robust IP framework under AfCFTA is indispensable for building a resilient start‑up ecosystem across the continent. Once secured, these innovations naturally diffuse into SMEs and MSMEs, broadening participation in regional value chains and ensuring that the benefits of start‑up dynamism extend beyond Tier 1 economies into Tier 2 and 3 markets.
The analysis concludes that the strength of Africa’s innovation economy will depend on how effectively the IP lifecycle, pre‑registration safeguards, registration processes, recognition of priority dates, and enforceable terms of protection is contextualised within AfCFTA’s framework. By embedding these stages into continental practice, Africa can provide clarity and certainty for founders, reduce risks of appropriation, and create pathways for scaling ideas into enterprises. A robust IP regime under AfCFTA thus ensures that start‑ups become engines of inclusive growth and sustainable integration.

Opening the floodgates to untapped markets: IP and AfCFTA’s role in promoting the African start-up ecosystem

Reimagining harmonisation: A roadmap to IP integration under the AfCFTA

by | Feb 16, 2026 | SAIPLJ, SAIPLJ 2025 SE

Reimagining harmonisation: A roadmap to IP integration under the AfCFTA

Author Victoria Chigozirim Onyeagbako

ISSN: 2521-2591
Affiliations: Herchel Smith Doctoral Researcher, Queen Mary University of London and Founder of My Intellectual Property Law Guide (MIPLG)
Source: South African Intellectual Property Law Journal, 2025, p. 158-183
https://doi.org/10.47348/SAIPL/v13/i2a8

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Victoria Chigozirim Onyeagbako
Reimagining harmonisation: A roadmap to IP integration under the AfCFTA
South African Intellectual Property Law Journal, Volume 13 Issue 2, p. 158-183
https://doi.org/10.47348/SAIPL/v13/i2a8

Abstract

Africa is rising to the occasion of global economic relevance, flying the vision of the African renaissance. The continent potentially hosts the largest free trade area (FTA) in the world, striving to create a common market across 54 of the 55 countries of the African Union (AU). Although healing from the burns of colonial exploitations, Africa has impressively risen to the occasion of IP development, mapping a blueprint for her transformation — Agenda 2063. This paper studies the vision for, and aspirations of, Agenda 2063. It discusses regional integration strategies, with a focus on harmonisation, and seeks to determine the AU’s vision for IP integration. Adopting a doctrinal approach, the paper addresses the questions — ‘what is the AU’s intention for integration under the AfCFTA’, ‘what integration strategy supports an effective regional IP system under the AfCFTA’ and ‘how can the AU achieve workable harmonisation’ to achieve Agenda 2063. In addressing these, this paper conducts a historical trace of the AU’s journey to Agenda 2063 and the AfCFTA, and underscores the strengths and weaknesses of IP integration models, particularly harmonisation. Recommendations for workable harmonisation and IP integration under the AfCFTA are proffered, a hybrid model of IP integration is suggested alongside a ‘ten for ten’ roadmap to achieve this workable harmonisation.

Opening the floodgates to untapped markets: IP and AfCFTA’s role in promoting the African start-up ecosystem

Protocol to the Agreement Establishing the African Continental Free Trade Area on Intellectual Property Rights: An opportunity for a sui generis protection of indigenous knowledge in Africa

by | Feb 16, 2026 | SAIPLJ, SAIPLJ 2025 SE

Protocol to the Agreement Establishing the African Continental Free Trade Area on Intellectual Property Rights: An opportunity for a sui generis protection of indigenous knowledge in Africa

Author Tshimangadzo Donald Mukwevho

ISSN: 2521-2591
Affiliations: Senior Lecturer, North-West University
Source: South African Intellectual Property Law Journal, 2025, p. 184-201
https://doi.org/10.47348/SAIPL/v13/i2a9

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Tshimangadzo Donald Mukwevho
Protocol to the Agreement Establishing the African Continental Free Trade Area on Intellectual Property Rights: An opportunity for a sui generis protection of indigenous knowledge in Africa
South African Intellectual Property Law Journal, Volume 13 Issue 2, p. 184-201
https://doi.org/10.47348/SAIPL/v13/i2a9

Abstract

In Africa’s intellectual property (IP) landscape, protecting Traditional / Indigenous knowledge (TK/IK) remains a significant concern. There is a potential to create a sui generis system that combines IP rights, human rights, and customary law within the scope of the Protocol to the Agreement Establishing the African Continental Free Trade Area on Intellectual Property Rights (IP Protocol). This paper evaluates this potential, leveraging how the Protocol can fill the gaps in the existing regional and international frameworks. This paper makes the case that the IP Protocol might be a revolutionary legal tool for safeguarding associated Traditional/Indigenous knowledge (ATK/IK) by examining Africa’s legal system and learning from a few African nations. It draws attention to the difficulties in balancing regional commitments with national regulations and makes legislative proposals to provide a community-driven, financially sustainable protection system. Eventually, this paper aims to promote and foster an Africa-focused and sustainable strategy for preserving traditional knowledge while encouraging innovation and regional integration under the AfCFTA Agreement.

Opening the floodgates to untapped markets: IP and AfCFTA’s role in promoting the African start-up ecosystem

The AfCFTA Protocol on Intellectual Property Rights: A new framework for access to medicines in Africa

by | Feb 16, 2026 | SAIPLJ, SAIPLJ 2025 SE

The AfCFTA Protocol on Intellectual Property Rights: A new framework for access to medicines in Africa

Author Michael Saidu Dumbuya

ISSN: 2521-2591
Affiliations: Associate Barrister and Solicitor, FMK & Associates and Part-time Lecturer Ernest Bai Koroma University of Science and Technology, Sierra Leone
Source: South African Intellectual Property Law Journal, 2025, p. 202-222
https://doi.org/10.47348/SAIPL/v13/i2a10

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Michael Saidu Dumbuya
The AfCFTA Protocol on Intellectual Property Rights: A new framework for access to medicines in Africa
South African Intellectual Property Law Journal, Volume 13 Issue 2, p. 202-222
https://doi.org/10.47348/SAIPL/v13/i2a10

Abstract

None

Opening the floodgates to untapped markets: IP and AfCFTA’s role in promoting the African start-up ecosystem

Blurring boundaries: Piracy, algorithmic authorship and creativity among designers in Kenya

by | Feb 15, 2026 | SAIPLJ, SAIPLJ 2025 SE

Blurring boundaries: Piracy, algorithmic authorship and creativity among designers in Kenya

Author Grace Njeri Gatere

ISSN: 2521-2591
Affiliations: Assistant Lecturer, Technical University of Kenya and PhD Candidate, Technical University of Kenya
Source: South African Intellectual Property Law Journal, 2025, p. 223-242
https://doi.org/10.47348/SAIPL/v13/i2a11

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Grace Njeri Gatere
Blurring boundaries: Piracy, algorithmic authorship and creativity among designers in Kenya
South African Intellectual Property Law Journal, Volume 13 Issue 2, p. 223-242
https://doi.org/10.47348/SAIPL/v13/i2a11

Abstract

The traditional notions of authorship and copyright in the Kenyan design industry have been significantly disrupted by the proliferation of artificial intelligence (AI) technologies. There is an exponential increase in visual data, such as photographs and typefaces, on digital platforms. This has been enabled by the click, like, and share culture, providing fertile ground for AI developers to mine and train generative models. Designers generate creative outputs from this data. Adapting these innovations has raised difficult questions on authorship and originality. Consequently, this study explores AI’s impact on the design process through the lens of copyright law. Interrogating whether AI-generated photographs and typefaces can qualify for protection under existing legal structures. The analysis is situated in the lived experiences of designers who frequently use AI tools in their daily crafts and the challenges they face. The research method is two-pronged, with an empirical analysis and qualitative data from interviews with practising designers. Two questions guide the study: 1) Is AI capable of independent creativity? 2) Who is considered an algorithmic author? The paper proposes considerations for reforming legal standards to address the significance of algorithmic authorship.

Opening the floodgates to untapped markets: IP and AfCFTA’s role in promoting the African start-up ecosystem

IP and data rights in Africa’s digital economy: A protective-adaptive blueprint

by | Feb 15, 2026 | SAIPLJ, SAIPLJ 2025 SE

IP and data rights in Africa’s digital economy: A protective-adaptive blueprint

Author Tanaka Dakacha

ISSN: 2521-2591
Affiliations: Research and Teaching Associate, University of the Witwatersrand, School of Law
Source: South African Intellectual Property Law Journal, 2025, p. 243-268
https://doi.org/10.47348/SAIPL/v13/i2a12

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Tanaka Dakacha
IP and data rights in Africa’s digital economy: A protective-adaptive blueprint
South African Intellectual Property Law Journal, Volume 13 Issue 2, p. 243-268
https://doi.org/10.47348/SAIPL/v13/i2a12

Abstract

The rapid evolution of digital technologies is transforming Africa’s economic landscape, reshaping how creative works are produced, distributed, and consumed. This shift presents both opportunities and challenges for intellectual property (IP) protection. Using South Africa, Kenya, and Nigeria as case studies, this paper explores the role of robust IP frameworks in fostering innovation, creativity, and sustainable growth in Africa’s digital economy. It highlights how strong IP protection attracts technological investment and addresses issues such as digital piracy, copyright infringement, and rapid technological advancements. The paper also proposes strategies for harmonising IP laws across African jurisdictions, vital for regional integration under the African Continental Free Trade Area (AfCFTA).
It further examines data rights protection on digital platforms, focusing on ownership, consent, and the distribution of value. The paper discusses data ownership controversies and the need for regulatory harmonisation. By analysing the intersection of IP law, data rights, and digital innovation, it calls for adaptive policies that balance protection with access. Drawing from evolving IP regimes and AfCFTA protocols, it offers policy recommendations aligned with Agenda 2063 and global treaties. The comparative focus offers scalable insights, demonstrating how tailored reforms can enhance the creative industries, facilitate data flows, and attract investment — essential for equitable digital transformation and economic sustainability.

Reflections on approaches to constitutional interpretation in Botswana

by | Feb 15, 2026 | JCLA, JCLA V12 I2 2025

Reflections on approaches to constitutional interpretation in Botswana

Author: Obonye Jonas

ISSN: 2521-2605
Affiliations: LLM (Pretoria), (PhD) Bristol, Senior Lecturer, Department of Law, University of Botswana
Source: Journal of Comparative Law in Africa, Volume 12 Issue 2, p. 1-41
https://doi.org/10.47348/JCLA/v12/i2a1

Abstract

A constitution is a form of legislation that forms the basis for the polity of free and equal individuals. It establishes the state itself, together with its institutional geometry, rules, processes, and procedures, as well as societal values, and expresses the nation’s vision. In this sense, a constitution is a sui generis legislation that calls for the application of unique interpretive models. Constitutions, unlike regular statutes, rules, and regulations, are typically enduring, rigid, unitary and vague laws. Because the language of their text is vague and open-ended, it requires interpretation to decipher meaning. This article considers the various models of constitutional interpretation in Botswana. It points out that the Courts of Botswana contemporaneously employ the contextual and purposive interpretations of the Constitution. It notes that the hybrid model of interpretation allows the courts to rely on relevant rules of international law, drafting history, comparative law, public opinion and other considerations in search of a meaning to be ascribed to a Constitutional provision. It observes that the courts of Botswana consider the Constitution as a single unitary compact whose provisions rank equally. As such, they must be interpreted in a mutually reinforcing manner as part of a structure or system to render the Constitution effective. The article also discusses the constitutional avoidance doctrine. It concludes that it has lost relevance in modern constitutional adjudication as it ossifies the Constitution and prevents it from evolving to meet the needs of society.

Asymmetrical devolution and management of regional specificities of Cameroon’s Anglophone Regions: A half-seized good opportunity

by | Feb 15, 2026 | JCLA, JCLA V12 I2 2025

Asymmetrical devolution and management of regional specificities of Cameroon’s Anglophone Regions: A half-seized good opportunity

Authors: Gatsi Tazo, Paul N. Simo, Esq

ISSN: 2521-2605
Affiliations: Associate Professor in Public Law; Serving at the Faculty of Laws and Political Science, University of Buea (Cameroon); Director of the Institute of Interdisciplinary Studies for Development (IISD); Attorney at the Bar of New York and Barrister in Cameroon; Director of the Centre for Law and Public Policy (CLPP)
Source: Journal of Comparative Law in Africa, Volume 12 Issue 2, p. 42–74
https://doi.org/10.47348/JCLA/v12/i2a2

Abstract

This paper examines the special status of Cameroon’s English-speaking regions (North West and South West) as outlined in the 2019 General Code of Regional and Local Authorities (GC-RLA). It aims to assess the effectiveness of the asymmetrical devolution in favour of the North West and South West regions, chosen as the structural tool to accommodate their specificities within the national fold, and as a path towards resolving the conflict afflicting these two regions. The paper concludes that resorting to asymmetrical devolution as a tool to resolve Cameroon’s Anglophone crisis is a good medicine, which, however, has not been administered at the appropriate dose. On the one hand, indeed, establishing infranational regions with differentiated degrees of autonomy based on their specificities, is increasingly resorted to, in a bid to resolve conflicts within States which are driven by internal regional and territorial specificities, especially when – as it is the case in Cameroon – minorities concerned attain a certain threshold of demographic significance (around 15% of the national population). On the other hand, based on the comparative normative guideposts and best experiences on the setting up of special status regions, this study argues that the conditions for the implementation of the special status as provided for by the GC-RLA are not conducive to making it play the role for which it has been provided.

The protection of disability rights under the Nigerian national framework

by | Feb 15, 2026 | JCLA, JCLA V12 I2 2025

The protection of disability rights under the Nigerian national framework

Authors: Barakat A Raji, Israel A Adeniyi, Dauda A Ariyoosu, Solomon O Afolabi, Ridwan O Olagunju-Ibrahim, John Ogedengbe Imam A Ahmed

ISSN: 2521-2605
Affiliations: Associate Professor, Department of Jurisprudence and International Law, University of Ilorin, Nigeria; Nigerian Law School, Lagos; Associate Professor, Department of Business Law, University of Ilorin, Nigeria; Associate Professor, Department of Private and Property Law, University of Ilorin, Nigeria; Reader, Department of Islamic Law, University of Ilorin, Nigeria; Lecturer II, Department of Jurisprudence and International Law, University of Ilorin, Nigeria; Lecturer II, Department of Jurisprudence and International Law, University of Ilorin, Nigeria
Source: Journal of Comparative Law in Africa, Volume 12 Issue 2, p. 75 – 104
https://doi.org/10.47348/JCLA/v12/i2a3

Abstract

There were various reports and studies shown in 2021 indicating that the population of persons living with disabilities in Nigeria has exceeded 32 million. Generally speaking, the issues surrounding disability conditions and welfare are usually addressed as matters of welfare and charity. This attitude has precipitated the continued social exclusion and marginalisation of persons with disabilities in Nigeria. Nigeria has ratified the United Nations Convention on the Rights of Persons with Disabilities and its Optional Code. Another milestone in the country’s efforts to promote disability inclusion and achieve sustainable improvement in the conditions of persons with disabilities was reached in January 2019, when it signed into law the Discrimination against Persons with Disabilities (Prohibition) Act. Despite the passage of these laws, people with disabilities continue to face discrimination, insecurity, violation of rights, stigmatisation, and lack of access to basic amenities daily. Silhouetted against this backdrop, this paper examines the extent of the protection of disability rights under the Nigerian legal regime. This paper employs a doctrinal and qualitative methodology of legal research in which relevant primary and secondary sources of legal materials are subjected to descriptive and content analysis. The paper then concludes with recommendations on how to achieve effective protection of disability rights in Nigeria.

The spirits and the law – the role of superstition laws in modernity in Kenya and Seychelles – a literature review

by | Feb 15, 2026 | JCLA, JCLA V12 I2 2025

The spirits and the law – the role of superstition laws in modernity in Kenya and Seychelles – a literature review

Author: Michelle St.Ange-Ebrahim

ISSN: 2521-2605
Affiliations: PhD candidate at Griffith University, Australia
Source: Journal of Comparative Law in Africa, Volume 12 Issue 2, p. 105–139
https://doi.org/10.47348/JCLA/v12/i2a4

Abstract

This article examines the legal and socio-political dimensions of superstition-related offences in Kenya and Seychelles, highlighting how cultural beliefs intersect with crime, law, and state power. Rather than viewing witchcraft and superstition as mere cultural relics, this analysis underscores their entanglement with modern political agendas and governance challenges. Legal responses to superstition, including anti-witchcraft laws, may paradoxically reinforce societal fears and legitimise witch hunts, fostering cycles of persecution. Drawing on Foucault’s theories of power and knowledge, this article argues for a nuanced legal approach that differentiates between harmful acts and legitimate expressions of belief. A balanced framework must protect citizens from harmful practices while upholding fundamental freedoms, aligning with international human rights standards. This article is divided into four parts: first, a conceptual map of superstition, religion, and witchcraft; second, Foucault’s power/knowledge as an analytical framework; third, the statutory and case-law frameworks in Kenya and Seychelles; and finally, a comparative synthesis and implications for reform.