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Journal of International Trade Law and Policy: Intellectual property and the African continental free trade area: lessons and recommendations for the IP protocol


Abstract
Purpose – This paper aims to explore the contours of the future intellectual property (IP) protocol of the
African Continental Free Trade Area (AfCFTA) Agreement.
Design/methodology/approach – This paper frames the IP protocol within the architecture of the
AfCFTA Agreement, meaning that it will follow the structure of other protocols and will be guided by the
Agreement’s foundational principles and objectives. With the place, shape and form of the protocol so
established, the paper considers the substantive aspects that ought to be addressed. It also considers
provisions on technical assistance, capacity building and cooperation.
Findings – The paper finds that the Tripartite Free Trade Phase 2 IP agenda is a credible starting place,
which must be broadened to better meet gendered challenges and the continent’s developmental priorities.
This will entail including provisions on specific aspects enumerated in the paper, which must be aligned with
provisions on technical assistance, capacity building and cooperation to enhance implementation. The best
outcomes in the negotiation, adoption and implementation of the IP protocol will be achieved by an inclusive
approach incorporating all national, sub-regional and regional institutions guided by coherent policy and
coordinated to ensure efficiency in resources and capacity mobilisation.
Originality/value – To the best of the author’s knowledge, this is the first paper to formally consider both
the architecture and substantive provisions of the future AfCFTA IP protocol with specific focus on gendered
dimensions.
Caroline B. Ncube - Personal Name
NONE
Text
ENGLISH
EMERALD INSIGHT
2022
ENGLAND
JURNAL ILMU HUKUM
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APA Citation
Caroline B. Ncube. (2022).Journal of International Trade Law and Policy: Intellectual property and the African continental free trade area: lessons and recommendations for the IP protocol.(Electronic Thesis or Dissertation). Retrieved from https://localhost/etd