The updated Annexes to the African Continental Free Trade Area (AfCFTA) Protocol on Intellectual Property Rights (IPR) in Africa, are ready for reconsideration by the Negotiating teams from all the 54 African Union member states. This follows a 2-week meeting of the technical experts working group on the harmonization/update of the annexes to the protocol on Intellectual Property Rights that ended on Friday 13th June 2025 at the AfCFTA Head Quarters in Accra Ghana.
Professor Muhammed Tawfiq Ladan, expert on African regional economic integration law and practice disclosed that about 85% of Nigeria’s inputs during the April 2025 meeting in Cote D’ivoire on the Annexes were found to be of value addition and captured in the update for reconsideration by the next meeting of the African Member States negotiating teams.
Professor Ladan and his colleagues on the AfCFTA Taskforce to Harmonize and update the Draft Annexes to the AfCFTA Protocol on Intellectual Property Rights in Africa, were drawn from Ethiopia, South Africa, Ghana, Cameroon, Gabon, Mauritius and Nigeria.
Speaking after the meeting, Ladan explained that detailed annexes to the AfCFTA Protocol on IPR offer several key benefits, particularly for African countries. “These benefits include promoting intra-African trade, fostering innovation and creativity, and ensuring a more robust and harmonized IP system on the continent,” he added.
Giving a further breakdown the professor itemised five key benefits to include: Harmonized and Consistent IP Protection; Fostering Intra-African Trade; Promoting Innovation and Creativity; Strengthening Negotiating Positions; and Supporting Economic Development.
The AfCFTA Protocol aims to create a uniform system for IP protection across the African continent. Detailed annexes help to ensure that member states understand and implement the IPR provisions consistently, avoiding inconsistencies that can hinder trade and investment.
On fostering Intra-African Trade, he explained that the AfCFTA’s objective is to facilitate trade within the continent, and strong IP protection is essential for ensuring that goods and services can be marketed and protected effectively. Clear IP rules, particularly those related to trademarks, geographical indications, and copyright, encourage businesses to invest in and expand their operations within the African market.
The third objective which bothers on Promoting Innovation and Creativity will see the Protocol provide a framework for protecting new ideas, inventions, and creative works. Annexes that address copyright, patents, utility models, and industrial designs incentivize innovation and creativity, leading to new products, services, and technologies. Protection for traditional knowledge and genetic resources can also stimulate innovation within African communities.
Strengthening Negotiating Positions: A harmonized and strong IP system strengthens African negotiating positions in international IP negotiations.
African countries can work together to address issues related to trade, IP, and development, leading to more favorable outcomes in international trade agreements.
Supporting Economic Development: The AfCFTA Protocol, with its detailed annexes, is a key element in Africa’s economic development agenda. It targets promoting innovation, trade, and investment; the Protocol is seen as a viable tool for job creation, poverty reduction, and overall economic growth.
Professor Ladan also explained that Annexes addressing traditional knowledge and genetic resources would help to protect the rights of African communities who have developed these valuable resources.
This protection ensures that communities benefit from the commercialization of their knowledge and resources, promoting sustainable development. “In essence, the AfCFTA Protocol, with its detailed annexes, provides a comprehensive framework for promoting IP protection, fostering innovation, and driving economic development across the African continent,” he stated.
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