Africa's IP system: doing business with the sleeping giant
According to Eurostat, the EU’s statistical office, exports from the 28 countries of EU (EU-28) to Africa reached a peak of €154 billion ($182 billion) in 2015, turning into a trade balance surplus, following a decline in the value of imported energy products. Deemed a sleeping giant of the world economy with constant GDP growth, Africa accounted for a 3% share of the world GDP in 2015, compared to 2.1% in 2005, and European companies are starting to become increasingly aware of the potential of investing in Africa.
Data shows that the world economic crisis impacted the exports and imports between the EU-28 and Africa. Between 2003 and 2008 there was a staggering increase of EU-28 exports by 71%, which again picked up at a steady rate between 2009 and 2015; after the stumble in 2008, pre-crisis values were left behind in 2012.
International trade goes hand in hand with IP, preparing and easing the international expansion of companies and strengthening their local competitiveness. Unfortunately, most European companies look at IP protection in Africa as murky and unenforceable, but if applicants understand key aspects of African IP management, the situation becomes much simpler.
It sounds familiar
Europeans will find African IP laws very familiar. Many countries have retained the legal systems from their former European colonial governors such as France, the UK and Portugal. Even when countries have mixed systems that combine civil or common law with customary law, they do not often come into play with regard to IP legislation.
Another important aspect of IP protection in Africa is related to IP rights applications. Many companies overlook preventive filings, which should be deemed a first necessity as many countries are first-to-file jurisdictions and protection depends on successful applications. Although many countries belong to the Paris Union and protection for well-known trademarks is in place, not many companies actually achieve the required widespread recognition.
