Intellectual Property Rights

Collins Ajibo's book is a well-researched body of work that marks a significant contribution to the discourse on African integration. The book's greatest strength lies in its timeliness and depth. Few scholarly works address the AfCFTA with the same level of depth that Ajibo achieves. By dissecting the complexities, challenges, and opportunities of Africa's market integration efforts, the book offers not only guidance but also inspiration to policymakers, scholars, and advocates committed to reshaping Africa's economic trajectory. If the core aim of the book is to clarify and facilitate understanding of the AfCFTA, Ajibo accomplishes this with distinction, delivering insights chapter by chapter.

The African Society of International Law (AfSIL) is pleased to invite paper proposals for its fourteenth annual conference on the theme “Africa, Culture, and International Law.”

In many African countries, the protection and promotion of human rights is enshrined in national laws including domestic constitutions, policies, and guidelines. Many African countries are signatories to a plethora of conventions on human rights including the African Charter on Human and People’s Rights. However, in several African countries, ordinarily, socio-economic rights are not enforceable because socio-economic rights are not explicitly provided in many national constitutions. Furthermore, right to research as an evolutive and burgeoning framework in the African copyright system adds to this mix. Scholars including Okorie have advocated for the development of the right to research as a complete or explicit defence to copyright infractions or as user rights. However, the development of an explicit right to research in the African copyright context is afflicted with a plethora of obstacles. For example, the COVID-19 pandemic has further restricted access to information and academic materials especially in digital formats and furthermore, many African libraries and institutions are ill-equipped to perform their role of enabling access to information. Hence, this recent book – The Right to Research in Africa: Exploring the Copyright and Human Rights Interface by Desmond Oriakhogba is an important and innovative addition to this debate. Oriakhogba argues for a reconceptualization of the African copyright system from explicit human rights law perspectives as means of localising the right to research in the African context.

In different epochs of our world, the idea of copyright has been thought about and debated by different scholars and philosophers. Most commonly, such debates find resonance in scholarly interlocutory about intellectual property law justificatory theories. On limited occasions, copyright scholarship ventures into studying the jurisprudence of copyright, that is the consciousness and the conscience of the discipline. In his offering, The Right to Research in Africa: Exploring the Copyright and Human Rights Interface, Oriakhogba remarkably studies copyright in the context of Human Rights. From the onset, it is refreshing that Oriakhogba takes the task of engaging copyright outside of the strict positivist and largely mercantilist strictures that often insist on thinking about copyright purely within the ambit of trade. The book’s argument is propounded in five chapters. Following the introduction, the second chapter examines the state of research in Africa, and the challenge that copyright poses to the question of access to information. The third chapter places its focus on international and regional human rights framework. The fourth chapter, which is the focus of this essay, discusses the national constitutions and frameworks for the protection of human rights to ascertain whether they support the development of the right to research. The fifth chapter, which concludes the book, summarily uses the insights from prior chapter’s to substantively respond to the question whether the right to research is justifiable in the context of Africa.

The special issue aims to spot the incommensurable potential of African heritage and encourage its local protection for the benefit of local communities and sustainable development. It also aims to highlight the promises and pitfalls of current international cultural heritage law in safeguarding African cultural heritage and harnessing its potential for promoting sustainable development. International cultural heritage law has developed using European conceptions of cultural property protection. As a result, it rarely reflects current African realities. Are there ways to adapt or use the existing legal frameworks to promote cultural protection and sustainable development in Africa? Discussions on alternatives for protecting African cultural heritage at the regional and continental levels, or reviews of any such extant mechanisms, are encouraged. Good practices that African countries can learn from or export to other countries are also welcome. Pertinent case studies are welcome too.

Can the ambitious dream of the African Renaissance be brought to fruition? Can peace and prosperity be fulfilled? What role can international investment law play in helping African peoples tackle the challenges to Africa’s growth and prosperity? The conference aims to address these questions seeing Africa as a continent of hope and emancipation. It constitutes a platform to critically assess the promises and pitfalls of existing investment treaties and build momentum for dialogue on the future of Africa.

You are invited to the first of a Discussion Series "Assessing Recent Developments in the Negotiation and Implementation of the African Continental Free Trade Area".

The African International Economic Law Network (AfIELN) invites the submission of abstracts for its 6th Biennial Conference taking place at the Ghana Institute of Management and Public Administration (GIMPA), Accra, Ghana, from 21 to 24 June 2023.

The book discusses the manner in which patent rights adversely affect access to medicines by developing countries and proposes ways to mitigate this. From the author’s point of view, the current international patent rights system as embodied in the World Trade Organization’s (WTO) Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) is too concerned with protecting the interests of innovators at the expense of all other users. In this way, the TRIPS Agreement, by introducing mandatory minimum and stronger standards for the protection of patent rights, has provided an incentive for pharmaceutical companies to charge inflated prices while concentrating their investments mainly towards diseases that affect developed countries. Further, the TRIPS Agreement has diminished the policy space available for developing countries to design patent regimes that are suitable for their developmental and technological needs and circumstances.

The handover agreement signed by the University of Aberdeen and the Nigerian stakeholders transferred copyright in images of the Benin bronze to the Nigerian National Commission for Museums and Monuments. However, the University of Aberdeen was granted a non-exclusive licence to use the images for any non-commercial purpose. Similarly, the agreement provides that all images and information relating to the Benin bronze held by the University of Aberdeen will be supplied on request by the Nigerian stakeholders at no cost and with no restrictions on their use. In this interview, Dr Titilayo Adebola, Editor, Afronomicslaw.org and Associate Director, Centre for Commercial Law, University of Aberdeen discusses the University’s repatriation of the Benin bronze alongside the role of museums in the co-production of knowledge with Mr Curtis. Mr Curtis initiated and facilitated the negotiations for the repatriation of the Benin bronze with the Nigerian stakeholders (the Oba of Benin’s palace, Edo State Government and the Nigerian Government) on behalf of the University of Aberdeen.