While African nations are increasingly valuing the knowledge economy, more needs to be done to cultivate the intellectual property rights (IPR) landscape and raise awareness among African businesses, say Arnold Moyo and Patience Nkomo of Gambe Law Group (GLG).
“We can’t ignore that science and technology are shaping our future, and each and every day we’re waking up to new forms of technology that are impacting business,” said Moyo, a partner at the Harare-based firm that’s also part of the TerraLex global network of top lawyers.
“When engaging with clients and lawyers around the world looking to invest into Zimbabwe, or Africa generally, key questions that usually pop up are our IP climate and whether it’s conducive to investment, the risks and opportunities, and whether or not policies and legislation are in place to properly govern IP protection in line with international standards,” he explained.
Gambe Law is awake to this clarion call, say Moyo and Nkomo, and the firm is growing its IP department while tailoring its services to the needs of global and local clientele.
“We’ve noticed there’s limited knowledge in our jurisdiction on intellectual property and how to enforce rights or protect them,” noted Nkomo, who joined GLG this year as part of the firm’s expansion of its IP services. “So we want to start a discourse domestically on IP, and we’re also launching a podcast soon that is going to be featured by TerraLex network. It will focus on IP and we will be hosting various stakeholders in this field.”
African entities have become more conscious of the knowledge-based economy in recent years, its value and huge potential, said Moyo, noting that the Zimbabwe National Intellectual Property Policy and Implementation Strategy was launched in 2018, building on past science, technology and innovation policies that had recognised patents while overlooking other forms of IP.
The new policy described IP as an economic asset and sought to move from a traditional resource-based economy to channel more energy towards the knowledge economy via IP. “That policy covered the need for IP awareness, education and training in all sectors of the economy, which was lacking for SMEs, businesspeople and academics,” Moyo added.
He says it's vital that all African businesses, not just those in creative and tech industries, recognise the huge value of IP, and the need to protect it and enforce IP rights. Zimbabwe and other African nations have established specialist IP tribunals and courts, and the Intellectual Property Rights Protocol under the African Continental Free Trade Area Agreement was adopted earlier this year; but currently the majority of IP filings in Africa are by foreign companies.
“Here at GLG we have a number of projects to introduce IP skills training to business executives and SMEs because we don’t want IP to only benefit foreign investors,” Moyo emphasised. “Regionally we need to rise up as Africans and see the importance of IP as an economic asset, as we are very rich in ideas and innovations that need protection.”
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