- The Oxford Handbook of Intellectual Property Law
- List of Contributors
- Intellectual Property Law: An Anatomical Overview
- The Basic Structure of Intellectual Property Law
- What Kind of Rights Are Intellectual Property Rights?
- Intellectual Property as a Public Interest Mechanism
- Intellectual Property and Human Rights: Mapping an Evolving and Contested Relationship
- Intellectual Property Incentives: Economics and Policy Implications
- The Emergence and Development of Intellectual Property Law in Western Europe
- The Emergence and Development of the International Intellectual Property System
- The Emergence and Development of United States Intellectual Property Law
- The Emergence and Development of Intellectual Property Law in Canada
- The Emergence and Development of Intellectual Property Law in Australia and New Zealand
- The Emergence and Development of Intellectual Property Law in Central and Eastern Europe
- Intellectual Property in Asia: ASEAN, East Asia, and India
- The Emergence and Development of Intellectual Property Law in the Middle East
- Three Centuries and Counting: The Emergence and Development of Intellectual Property Law in Africa
- The Emergence and Development of Intellectual Property Law in South America
- Patents and Related Rights: A Global Kaleidoscope
- Trade Marks and Allied Rights
- Design Protection
- Rights in Data and Information
- Overlapping Rights
- Intellectual Property Licensing
- Cross-Border Intellectual Property Enforcement
- Users, Patents, and Innovation Policy
- Traditional Knowledge, Indigenous Peoples, and Local Communities
- Intellectual Property, Development, and Access to Knowledge
- Workers in the “Groves of Academe”: The Claim of Academics to Copyright and Patents
- Intellectual Property Meets the Internet
- Intellectual Property and Competition Law
- Intellectual Property and Private Ordering
- Intellectual Property and Public Health
- Intellectual Property and Climate Change
Abstract and Keywords
This chapter provides a historical account of the development of intellectual property (IP) law on the African continent, and how IP systems and their transposed legislation displaced existing knowledge governance systems. It discusses how the entrenched primarily extractor-biased IP system in the post-TRIPs era led to a compliance confidence crisis in which ill-equipped African states were overwhelmed by the political dynamics that led to a compliance overdrive manifested in developing countries and least-developed countries (LDCs) enacting provisions they were not required to enact under prevailing transitional periods. In this context, it canvasses the continent’s attempt to leverage fully TRIPS flexibilities, and discusses the current continental IP system. It briefly considers the protection of traditional knowledge and plant varieties as exemplars of aspects of IP that are critical to the continent due to the nature of the primacy of a traditional way of life for a significant portion of its population.
Caroline B Ncube is a Professor at the University of Cape Town.
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