Patent Harmonization in Africa : What Potential Roles for AfCFTA Intellectual Property Protocol?

As multilateral rule-based systems are being challenged with proliferation of protectionist national movements, Africa is moving toward deeper economic integration. The adoption of the Agreement Establishing AfCFTA and negotiations on AfCFTA IP Protocol are evidence of the continent’s commitment toward deeper integration. A sine qua non to successful integration is legal harmonisation. Legal harmonisation, however, is a multifaceted project that takes different forms of transposition and application. Available research takes legal harmonisation for granted without evaluating its normative claims. With respect to patents in particular, legal harmonisation is often examined through the lens of advanced economies without considering the peculiarities of less developed countries. This article provides an evaluation of harmonisation claims. It assesses patent harmonisation initiatives in African. It concludes by submitting that while AfCFTA IP Protocol can serve as a patent harmonising tool, its potential triumph will depend on balancing space for domestic policy making with supranational rulemaking