Is the AfCFTA Protocol on Intellectual Property Rights made for MSMEs Youth and Women?

Recently, during a long but insightful call with Advocate Patience Nkomo , we delved into the potential of the African Continental Free Trade Area (AfCFTA) to empower women and youth in trade through intellectual property rights (IPR). This a discussion that motivated us to come up with a solution, which we will unveil to you soon.

We explored two key pillars of the AfCFTA: the recently adopted Protocol on Intellectual Property Rights (IPR) and the Protocol on Women and Youth in Trade (Still under negotiation). These protocols work in tandem to foster inclusive innovation and trade in Africa. The Protocol on IPR covers a wide range of intellectual property rights that safeguard the creative and innovative endeavors of individuals and businesses. This development-oriented and pan-African Protocol has a "strong emphasis on technical assistance, multi-layered cooperation, and capacity building in the administration and enforcement of IPR, a forward-looking perspective addressing emerging technologies, and special attention to the needs and interests of MSMEs, as well as women and youth entrepreneurs" ( Mie Vedel-J?rgensen et al 2023).

The Protocol on Women and Youth in Trade aims to address the unique challenges faced by women and youth in trading, enabling them to access broader markets, enhance competitiveness, and participate in regional value chains.

While the Protocol on IPR holds immense potential to stimulate innovation and facilitate technology collaboration across continental value chains, it is essential to recognize the vital role of small and medium enterprises (SMEs), women, and youth in the African economy. Unfortunately, these groups often encounter hurdles in accessing and benefiting from IPR protection and enforcement due to factors such as limited awareness, high costs, capacity constraints, lack of market access and finance, as well as legal and institutional barriers.

During our conversation, we acknowledged that the Protocol on IPR acknowledges these challenges and includes provisions to address them. For instance, it emphasizes the need for the protection of utility models, which safeguard minor or incremental innovations. This form of IPR is particularly relevant for SMEs and individual entrepreneurs who may lack the resources or expertise to obtain patents for their inventions.

The Protocol suggests the provision of technical assistance to micro, small, and medium enterprises or individual entrepreneurs, with a focus on women, youth, and persons with disabilities. This assistance aims to enhance their effective utilization of utility models in various manufacturing sector. One of the provisions of the Protocol on Intellectual Property Rights that are relevant for SMEs, women, and youth in trade is Article 13 on utility models. Utility models are a form of intellectual property protection that is similar to patents but has lower requirements for novelty and inventive steps. They are suitable for protecting minor or incremental innovations that may not qualify for patent protection but still have commercial value.

While these provisions are commendable, there is a need for greater clarity, specificity, and consistency in operationalizing and monitoring their implementation. ?The protocol is ambiguous as it does not specify the duration or scope of protection for utility models or the criteria for technical assistance. It also leaves the provision of technical assistance to the discretion of State Parties rather than making it mandatory or binding. This may create uncertainty and inconsistency in the implementation and enforcement of utility models across the AfCFTA region. Furthermore, comprehensive and coordinated measures are required to enhance awareness, capacity, and participation of SMEs, women, and youth in the IPR system under the AfCFTA. We discussed several potential measures that could be adopted:

1. Developing and disseminating user-friendly information materials on IPRs and their benefits.
2. Providing training and mentoring programs on IPR management and commercialization.
3. Establishing or strengthening one-stop shops or help desks for IPR registration and enforcement.
4. Reducing or waiving fees for IPR applications and renewals.
5. Creating or facilitating access to financing schemes or incentives for IPR-based products and services.
6. Promoting or supporting platforms or networks for technology transfer and collaboration.
7. Harmonizing or aligning national and regional IPR laws and policies with the Protocol, ensuring compliance and enforcement.
8. Collecting or reporting disaggregated data on IPR ownership and utilization.

By implementing these measures, we envisioned the AfCFTA bridging the gap between the Protocol on IPR and the practical needs of SMEs, women, and youth in Africa. This alignment would not only enhance their innovation and competitiveness but also contribute to the realization of the Agenda 2063 vision and aspirations: a prosperous, integrated, and inclusive Africa, driven by the empowerment of all its citizens.

This realisation has inspired us to come up with something that will help women, SMEs, and youth to understand the protocol on IPR and why it is vital for it to be synergised with the Protocol on Women and Youth in Trade.

NB: This article is based on my perceptions and understanding. I am open to constructive criticism as we bring forward new ideas and solutions to our problems as youth, women and SMEs

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