The African continental free trade has incorporated intellectual property protocol as part of the agreement. The protocol is composed of 43 articles arranged under seven parts.
Supporting the objectives of the AfCFTA as set out in Article 3 of the AfCFTA Agreement by establishing common rules and principles on the promotion, protection, cooperation, and enforcement of intellectual property rights
Intellectual property is any creation of the mind. It includes invention, literary and artistic work. Intellectual property is an intangible but it is embodied in tangible
The protocol includes all categories of intellectual property right namely;- plant variety protection, geographical indications, trademarks, copyright, and related rights, patents, utility models, industrial designs, undisclosed information including trade secrets, layout designs, or topographies of integrated circuits and emerging technologies as well as intellectual property rights related to traditional knowledge, traditional cultural expressions, and genetic resources. It requires state parties to give protection to all of these rights.
Plant variety protection; – Plant Variety Protection gives the breeder exclusive control over the variety, rights to use the variety, and encourages the development of better plant varieties. A new plant variety can be protected if it is distinct from any other existing variety, sufficiently uniform, and stable.
Geographical indications: – is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place. It gives the right holder an exclusive right to prohibit others from using the sign.
Trademarks: – A trademark most often protects IP associated with companies, such as a word, phrase, symbol or design used to identify and promote products or services. Companies may also use a service mark, which protects their services in the same way trademarks protect their goods.
Trademarks can help a business to differentiate what they make, do and sell from their competitors’ offerings.
Copyright and related rights: – The rights of authors of literary and artistic works (such as books and other writings, musical compositions, paintings, sculptures, computer programs and films) are protected by copyright, for a minimum period of 50years after the death of the author. Also protected through copyright and related rights (sometimes referred to as “neighboring rights”) are the rights of performers (e.g. actors, singers and musicians), producers of phonograms (sound recordings) and broadcasting organizations.
Patents: – A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application
Utility models: – a utility model system provides protection of so-called “minor inventions” through a system similar to the patent system. Utility models protect minor inventions through granting an exclusive right, which allows the right holder to prevent others from commercially using the protected invention, without his authorization, for a limited period of time
Industrial designs: – an industrial design constitutes the ornamental aspect of an article. An industrial design may consist of three dimensional features, such as the shape of an article, or two dimensional features, such as patterns, lines or color.
Undisclosed information:- Undisclosed information refers to trade secrets and test or other data submitted to government agencies to obtain regulatory approval for pharmaceuticals and agrochemical products.
Layout designs:- A layout-design is the three-dimensional layout of an integrated circuit or “chip”.
traditional knowledge:- Traditional knowledge (TK) is knowledge, know-how, skills and practices that are developed, sustained and passed on from generation to generation within a community, often forming part of its cultural or spiritual identity.
Traditional cultural expressions:- Traditional cultural expressions (TCEs), also called “expressions of folklore”, may include music, dance, art, designs, names, signs and symbols, performances, ceremonies, architectural forms, handicrafts and narratives, or many other artistic or cultural expressions.
Genetic resources; – Genetic resources means genetic material of actual or potential value; genetic material means any material of plant, animal, microbial or other origin containing functional units of heredity. Genetic resources by themselves are not protected by IPR rather they are protected in relation with life science innovation.
As per the protocol, in protecting those rights members must obey the principles of non-discrimination and exhaustion. Any benefits given to the nations of other member states in protecting intellectual property right must be extended to nations of other member country. The same rule applies when a member gives a benefit to its own nation. Exhaustion is limitation on the right of right holder to control the disposition of an article after the article has been sold by or under the authority of the IP Owner.
Duties of member countries in terms protecting intellectual property rights are provided for all categories of IPRs, since members are in different stages of IP protection the protocol sets ways of cooperation between member countries, and ways of enforcing the rights of the right holder during infringement of the right are also provided. The protocol also creates a continental means of IPR protection by establishing continental IPR office
