The African Continental Free Trade Area: what’s the role for IP?
The African Continental Free Trade Area (AfCFTA) came into effect on January 1, 2021 and is the largest trade area in the world by number of participating countries since the formation of the World Trade Organization (WTO).
The objectives outlined in article 3 of the treaty include the establishment of a common market for products and services, a regional customs authority, enhancing the competitiveness of member states’ economies both in Africa and globally, and promoting industrial development.
Considering these objectives, one wonders where the role of IP figures in this agreement, which promises to be a powerful instrument for the economic development of the African continent.
IP objectives
IP rights feature prominently in the treaty establishing AfCFTA. First, in article 4 of the agreement, it is established that one of the specific objectives of the agreement will be to make the member states cooperate, among other areas, in the field of IP.
IP features seven more times throughout the text, which underlines the importance of establishing a set of IP rules which are clear, transparent, predictable, and mutually advantageous to the member states.
The most relevant provision is article 6: “This Agreement shall cover trade in goods, trade in services, investment, IP rights and competition policy.” Article 7 detailed this matter further and obliges member states to include IP rights in phase II of the negotiations in order to implement the treaty’s objectives.
In view of the above, I think it can be said that IP occupies a central role in the agreement underpinning the AfCFTA.
