IP dispute resolution in Africa: Strengthening investor confidence

Africa’s vibrant market growth is attracting global investment and dispute resolution mechanisms—from specialised national tribunals to international arbitration and regional bodies—are strengthening enforcement, reducing risk, and bolstering investor confidence across the continent, says Sofia Araujo of Inventa.

Africa is rapidly emerging as a continent of innovation, creativity and entrepreneurial opportunity. From technology startups in Nairobi and Lagos to renewable energy initiatives in South Africa and Morocco, investors are increasingly attracted to African markets.

Yet, one question persists: can the continent provide the legal certainty necessary for cross-border investment in IP? The answer lies in the mechanisms of IP dispute resolution, which are evolving to protect rights holders, streamline enforcement and foster investor confidence.

This article explores the legal frameworks, specialised tribunals, arbitration and regional developments that make Africa’s IP landscape increasingly reliable for investors.

1. The African IP landscape: Complexity and opportunity

Africa’s IP systems are diverse and multi-layered, reflecting the continent’s legal pluralism. The primary regional frameworks include:

• ARIPO (African Regional Intellectual Property Organization): Covers anglophone countries, administering patents, trademarks, industrial designs, among other IP rights such as copyright and related rights, traditional knowledge and plant variety protection. ARIPO provides centralised registration while requiring enforcement in designated member states individually.
• OAPI (Organisation Africaine de la Propriété Intellectuelle): Comprising francophone countries, OAPI provides a unified registration system with centralized protection across all member states.
• National legislation: Countries such as South Africa, Nigeria, Kenya and Mozambique maintain independent IP systems, often with well-established procedures and enforcement mechanisms.

While this diversity can appear fragmented, it offers strategic opportunities for investors who understand the nuances of each jurisdiction. For international investors, navigating these systems effectively depends on a clear understanding of legal structures, dispute resolution options and enforcement practices.

2. Specialised IP tribunals: Ensuring legal certainty

Several African countries have established specialised IP tribunals or chambers within broader commercial courts.

These institutions are designed to resolve disputes efficiently and with technical expertise, reducing uncertainty and litigation delays. Examples include:

South Africa: WIPO and the South African Judicial Education Institute (SAJEI) signed a Memorandum of Understanding (MoU) to strengthen judicial capacity in the adjudication of IP disputes. Under this agreement, WIPO actively participates in training programmes and workshops organised by SAJEI, including the annual judicial seminar, where experienced international IP judges share best practices and case studies on complex patents, trademarks and copyright disputes. 

This partnership provides South African judges with practical guidance on adjudicating technically complex IP matters, enhancing their ability to interpret IP laws consistently and apply international standards.

By combining formal judicial training with exposure to global case law and dispute resolution strategies, the programme strengthens the overall capacity of the South African judiciary to handle IP litigation efficiently, ensuring greater legal certainty for rights holders and investors alike.

Kenya: Kenya is widely recognised as one of the African jurisdictions with the strongest institutional capacity in the field of intellectual property, thanks to a combination of functionally specialised courts and robust technical agencies. IP disputes are primarily adjudicated by the High Court of Kenya – Commercial & Tax Division, located at the Milimani Law Courts, which routinely hears cases involving patents, trademarks, and copyright, ensuring greater predictability and efficiency in dispute resolution. 

This judicial structure is complemented by specialised bodies such as the Kenya Industrial Property Institute (KIPI)—responsible for the registration and administration of patents, trademarks and industrial designs—and by capacity-building initiatives supported by WIPO, including ongoing training programmes for judges, examiners and IP practitioners, all of which strengthen the technical quality of adjudication. 

Together, this institutional framework places Kenya among the African countries with the most mature structures for the enforcement of intellectual property rights, even in the absence of courts exclusively dedicated to IP.

Zimbabwe: Zimbabwe has established the Intellectual Property Tribunal, created under the Intellectual Property Tribunal Act (Cap. 26:08), to provide a specialised judicial framework for resolving IP disputes. The Tribunal has jurisdiction over appeals, applications and cases relating to various IP rights, including patents, trademarks, industrial designs, copyrights, geographical indications and integrated circuits. 

The law provides for the Tribunal to sit with technical “assessors,” enabling complex cases—especially those with scientific or technological aspects—to be adjudicated with specialised expertise. The Tribunal exercises powers comparable to those of the High Court in civil matters, including issuing legal determinations, hearing appeals, and making orders typical of IP litigation.

Specialised IP tribunals provide structured mechanisms for adjudicating complex patents, trademarks, and copyright disputes.

By combining judicial expertise with technical assessors, these courts increase legal predictability and facilitate effective enforcement of rights, which supports consistent application of IP law across commercial transactions.

3. Arbitration and mediation: Cross-border solutions

Africa’s IP landscape frequently involves cross-border disputes, particularly in the context of technology licensing, trade collaborations, and creative industries. To address these challenges, many parties in Africa turn to the WIPO Arbitration and Mediation Center (WIPO AMC), which offers internationally recognised procedures for resolving IP and technology disputes.

The WIPO AMC supports a full suite of alternative dispute resolution (ADR) services: mediation, arbitration, expedited arbitration, and expert determination. These procedures are tailored to IP-intensive disputes, enabling parties to resolve technical and commercial conflicts outside the traditional court system. The flexibility of these mechanisms is particularly valuable in multinational IP contracts and licensing agreements involving African entities, where litigation may be slow or cumbersome.

Mediation has found traction across the African continent, especially within the creative and copyright sectors. Several national copyright offices collaborate with WIPO to facilitate mediated solutions for authors, producers, and rights holders, avoiding prolonged litigation and preserving business relationships. By leveraging mediation, disputing parties can negotiate settlement terms that respect IP rights without necessarily damaging ongoing commercial cooperation.

Furthermore, WIPO encourages the incorporation of arbitration clauses in licensing agreements and joint ventures. These clauses allow parties to agree in advance that any future disputes will be submitted to an arbitral tribunal under the WIPO AMC rules. For investors, this offers the benefit of procedural neutrality, technical expertise, and enforceable awards—crucial considerations when dealing with complex IP transactions in multiple African jurisdictions.

Together, these ADR options provide structured and enforceable alternatives to national litigation. They supply a neutral forum for resolving IP conflicts, reinforcing legal certainty and bolstering investor confidence. In contexts where national judicial systems may face resource constraints or unpredictable timelines, WIPO’s arbitration and mediation mechanisms stand out as reliable and efficient pathways for resolving intellectual property disputes in Africa.

4. Legal mechanisms as catalysts for investment

The way intellectual property disputes are resolved in Africa can make a real difference for investors. Efficient and predictable mechanisms are not just technical—they directly influence business decisions.

Specialised courts and arbitration bodies help reduce the risk of lengthy and uncertain litigation, allowing companies to focus on growth rather than legal battles. For businesses operating across multiple countries, such as regional tech startups or licensing agreements, these systems provide a degree of predictability, helping investors anticipate outcomes and structure contracts with more confidence.

Mediation and arbitration also play a key role in preserving commercial relationships. Instead of contentious court battles that could strain partnerships, these tools encourage negotiated solutions, which can be especially valuable in collaborative sectors like creative industries or technology licensing.

Finally, visible and reliable enforcement mechanisms—whether through courts with IP expertise or recognised ADR institutions—send a signal of institutional stability. This not only reassures foreign investors but also strengthens the overall business climate, making Africa a more attractive destination for investment.

In practice, startups, SMEs, and multinational companies all benefit: robust dispute resolution frameworks reduce uncertainty, save costs, and support strategic planning, making IP assets easier to leverage across the continent.

5. Opportunities for investors

Africa’s evolving IP frameworks offer substantial opportunities for investors who approach the market strategically. Understanding and leveraging these mechanisms allows companies not only to protect their intangible assets but also to gain a competitive edge in rapidly growing economies.

Including arbitration or mediation clauses in licensing agreements, joint ventures, or franchising contracts can help manage disputes across borders. These tools provide neutral, efficient alternatives to local litigation, reducing uncertainty and avoiding prolonged legal battles that could disrupt business operations.

Regional organisations such as ARIPO and OAPI also offer significant advantages. By enabling centralised registration of patents, trademarks, and industrial designs, they allow investors to secure protection across multiple countries more efficiently. This not only reduces administrative burdens and costs but also strengthens legal certainty for cross-border transactions.

Engaging with local IP experts and specialised courts is equally important. Well-trained judges and practitioners ensure that complex IP cases are handled with technical expertise and predictability. This approach can be particularly valuable in sectors where IP rights are central to commercial success, such as technology, renewable energy, or creative industries.

Investors should also monitor developments under the African Continental Free Trade Area (AfCFTA), which seeks to harmonise IP procedures and dispute resolution mechanisms across the continent. As these efforts advance, companies that anticipate and align their operations with emerging standards can gain a first-mover advantage in regional markets.

Beyond legal protection, strategically using these mechanisms helps preserve commercial relationships and maintain business continuity. By integrating IP considerations into contracts, enforcement strategies, and investment planning, companies can transform intangible assets into tangible strategic advantages, mitigating risk while maximising growth potential.

In short, investors who understand and actively leverage Africa’s legal frameworks for IP not only safeguard their assets but also position themselves for long-term success in some of the continent’s fastest-growing markets.

Africa’s IP dispute resolution landscape is gradually evolving, combining specialised courts, regional frameworks, and international arbitration to move towards greater legal certainty.

These mechanisms are becoming increasingly important for investor confidence, helping to reduce risk, enhance predictability, and safeguard commercial relationships.

For investors who engage proactively with Africa’s IP systems, the message is encouraging: the continent is developing more structured legal frameworks, improving enforcement mechanisms, and fostering a growing culture of transparency.

Rather than being a barrier, Africa’s dynamic dispute resolution ecosystem is emerging as a strategic enabler, transforming potential risks into opportunities for sustainable investment and long-term value creation.

Sofia Araújo is an Attorney at Law at Inventa, and can be contacted at saraujo@inventa.com