Category Africa

Top-Level Domain .Africa Becomes Object Of Bitter Fight

A dispute over the .africa regional geographic top-level internet domain (TLD) may have escalated. The Kenya-based DotConnectAfrica trust (with headquarters in Mauritius) in a press release this week applauded the Internet Corporation for Assigned Names and Numbers (ICANN) for granting a change request to their application. DotConnectAfrica by mistake had applied for .dotafrica instead of .africa in its application during the new gTLD process in April.

Petition Urges Delay, Discussion Of Pan-African IP Organization

A new petition circulating worldwide urges the delay of a suddenly fast-moving proposal to create a Pan-African Intellectual Property Organization (PAIPO). The delay effort – which seeks an open discussion of the proposal to make it more tailored to local African needs - comes just weeks before African Union representatives meet to consider its adoption.

Move Toward New Pan-African IP Organisation Alarms Observers

A seemingly remote African Union proposal to create a Pan-African Intellectual Property Organization appears to have gained momentum and will come before African science and technology ministers for review in early November, according to sources. A copy of the final draft statutes shows how the new body would operate, and for some observers, how it would elevate African IP standards well above current levels, with “disastrous consequences” for access, development, and human rights.

Agricultural Innovation Needed In Africa, With Farmers’ Participation, WTO Panellists Say

Farmers' needs are not addressed by the current intellectual property framework or by innovation, according to panellists at the World Trade Organization Public Forum this week, and farmers should be invited to participate in international negotiations directly impacting their livelihood. Meanwhile, the African continent is seeking a way to address the food security problem, faced with a growing population and dire need to modernise their agriculture, other panellists said.

A Brief Look At Botswana’s New IP Law

Botswana's new industrial property act, which came into force earlier this month, has been applauded by IP commentators as an important step in the development of a strong IP system that is in line with international trends. Copies of the new law and implementing regulations are below.

An Anthem To Ignorance: South Africa’s Case Of Nkosi Sikelel’ iAfrika

The South African national anthem comprises the works Nkosi Sikelela’ iAfrika and Die Stem, which was formerly the national anthem. Nkosi has passed into the public domain and contrary to various claims cannot be used as the basis for royalty claims arising out of its use. The music of Die Stem is however still under copyright but its ownership has reverted from the State to the heirs of the composer in terms of the reversionary interest provisions of the British Imperial Copyright Act and is thus the subject of private ownership. In principle royalties can be charged in respect of its use as part of the current national anthem.

UNCTAD Report Sees Sustainable African Growth In IP Flexibilities

The United Nations agency on trade and development this week published its Economic Development in Africa 2012 report, which argued, among other things, that the region’s sustainable future depends on using flexibilities in intellectual property rights as appropriate.

Golden Oldies? South African High Court Looks At What Is “Traditional”

The question of the use of material in the public domain for the inspiration of new works has been complicated in South Africa by legislation which purports to grant retrospective perpetual protection to so-called “traditional works”. A case pending in the South African High Court highlights the question of what is “traditional” and raises the question of to whom music companies will have to look in the future to obtain permission to use anything that smacks of a traditional flavour. Prof. Owen Dean asks: Could this be a disincentive to use traditional material belonging in the public domain and thus slow cultural expression?