Using IP to expand your business plans in Africa

Africa is a continent of growth and opportunity, with the African Development Bank predicting that the continent’s gross domestic product (GDP) will steadily increase from 3.8% in 2024 to 4.2% in 2025, higher than the forecast average for the rest of the world. In addition, the United Nations predicts that by 2060, Africa’s middle class population will account for more than 40% of the total population. Africa is the second fastest growing region in the world after Asia, and with its growing population, Africa offers a promising market for global companies.

Over the past decade, there has been a huge surge in interest in Africa as a business destination. In some countries on the continent, there has been a significant increase in the number of patents and trademarks filed by foreign businesses and local entities. But despite improvements in many African countries, the myriad of systems, languages and regulatory frameworks, coupled with difficulties in obtaining reliable and accurate information, present considerable challenges for businesses looking to expand into Africa.

It is essential to develop an IP strategy in Africa to align your business goals with the complex IP laws and enforcement mechanisms of different countries. Currently, Africa has established two regional IP systems: the African Intellectual Property Organization (OAPI), which mainly covers 17 countries in West and Central Africa, and the African Regional Intellectual Property Organization (ARIPO), which has 22 member states. ARIPO and OAPI are currently the hubs of excellence for the IP system within the African framework, providing centralized IP resources and assisting member states in their work.

Importantly, however, Africa’s three largest economies – South Africa, Nigeria and Egypt – are not members of either organization, so companies that wish to protect their IP in these countries must obtain IP in those three countries. Therefore, companies need to recognize that effective IP protection in Africa requires a strategic, layered approach. For example, companies should identify which countries in Africa they operate in or have commercial interests in and prioritize those countries in which to protect their IP.

In terms of IP protection, companies first need to consider registering trademarks and, where applicable, applying for patents or other forms of IP, such as industrial designs and plant varieties. Companies should also consider factors such as the length of the application registration process, the specific requirements of each jurisdiction and the associated costs, as well as other factors such as license filings. Proactive enforcement of IP, anti-counterfeiting measures, effective supervision or trademark monitoring or IP injunctions, etc., are essential to maintaining an effective IP management approach.