Authored By: Seun Lari-Williams, Omolade Z. Adeyemi, ‘Damola Adediji. Edited by Isaac Kunko (Compiled from the authors’ participation in the conference)
The inaugural Intellectual Property in Africa conference, organized by Prof. Ruth Okediji and hosted by Harvard Law School, from November 6 to 8, 2024, marked a milestone in intellectual property scholarship. Renowned scholars, Prof. William Fisher and Prof. Justin Hughes, delivered inspired keynote addresses that set the stage for the excellent discussions to come. Panel discussions were chaired by distinguished academics such as Profs. Ruth Okediji, Tobias Schonwetter, Dalindyebo Shabalala, Aman Gebru, Olufunmilayo Arewa, Margo Bagley, Susan Isiko Štrba, Faith Majekolagbe, Samuel Andrews and Oluwatobiloba Moody. Panelists included Profs. Wendy Gordon, Peter Yu, and Chidi Oguamanam. Discussions ranged from understanding what a “contribution” to IP scholarship is to providing guidance on building a strong and thriving academic career.
The conference also had a doctoral dissertation presentation session followed by valuable feedback from and engagement with senior IP scholars. There were also presentations of draft submissions to the Intellectual Property in Africa book project. It was an inspiring, eye-opening experience and emphasized the need for locally relevant IP systems that align with Africa’s economic, cultural, and technological contexts.
Highlights
Opening Remarks by Prof. Ruth Okediji
Prof. Okediji, the convener of the event, opened same with a narrative on Africa’s journey in IP scholarship. Reflecting on her own career since 1988, she recalled visiting Nigeria’s single-person patent office and noting that no law faculties in Africa taught IP at the time. Her message was clear: African scholars must advance original research that is informed by history and driven by an urgency to address local challenges in technology and IP development. She encouraged participants to “bring their best thinking” and to be bold in challenging established perspectives. The professor urged participants to take serious and meaningful advantage of the scholars gathered at the event.
Opening Keynote by Prof. William Fisher
Prof. Fisher, although distraught by the results of the US elections from the night before, delivered a keynote that was both reflective and forward-looking, addressing the management of innovation through IP. He highlighted the need to consider multiple actors—not just governments—in shaping IP systems, such as private investors and industry norms. His analysis of public-private distinctions in U.S. law and their impact on areas like AI and traditional knowledge was especially relevant for Africa, where balancing private and public interests is critical for sustainable development.
Commenting, Prof. Okediji emphasized the importance of Africa’s economic history and encouraged participants to tell the untold stories of African economies.
Combined Panel Discussions
The first two panels after the Keynote speech of Day 1 were combined and retitled – Reflections & Challenges on Scholarly Approaches to IP Theory and Development in Africa. Some insights from the panel includes the following.
Okediji noted that there is a need for us to educate ourselves about economies and political thoughts. Schonwetter stated that there is not enough African literature for IP in Africa due to lack of data, etc., which creates its own problems of contextual knowledge.
A key question discussed by the combined panels is whether generalization or specificity is good for IP Scholarship in Africa? As well as what should be the narrative African IP scholars are telling the world? Prof. Arewa, author of Disrupting Africa: Technology, Law and Development (Cambridge University Press), emphasized the complexity of Africa’s challenges, from outdated laws to a lack of global integration, urging African scholars to reflect real-world complexities. Prof. Osei-Tutu urged that it is important to cite other African scholars/researchers in their work where relevant, so we can keep Africa’s IP landscape in the news.
Prof. Margo Bagley highlighted African leaders’ uncritical adoption of strict copyright laws and stressed the need for IP research to consider access to data and education. Prof. Tobias Schonwetter spoke on Africa’s underrepresented IP scholarship and urged for empirical research that tells the African story on its own terms.
Developing a Meaningful Research Agenda
The panel on building a meaningful IP research agenda provided practical advice on creating impactful scholarship. Prof. Wendy Gordon (Emerita) discussed the importance of interconnected research topics, noting that a clear, logical flow is essential for reader engagement. She stated that researchers must challenge your assumptions through your methodological approaches & weakness. On the request on Prof. Okediji, she advised early stage scholars to find a balance between invitation & rejection of conferences, workshops, collaboration in chapters, etc., and be true to their research agenda, so it does not get derailed.
Prof. Chidi Oguamanam encouraged researchers to approach topics with originality by asking how a concept functions in an African context. Prof. Peter K. Yu offered guidance on balancing passion, aptitude, and funding in selecting research topics and highlighted the different types of academics—connectors, analysts, and advocates—who contribute uniquely to IP discourse.
What Makes a Contribution to IP Scholarship?
Prof. Graeme Dinwoodie discussed different types of contributions, noting that both descriptive and prescriptive works have value in IP scholarship. Scholars were advised to address real, significant problems and to consider building upon existing research with original insights. Contributions can also come from challenging inconsistencies within the IP framework, potentially reshaping global IP norms. “The solution does not have to be workable yet,” the prof noted. It was also stated that descriptive work can lead to prescriptive work.
Enhancing IP Research on Africa: Critical Needs and Best Practices
Speakers called for increased contributions from African scholars to provide authentic perspectives, comparative research within African nations to explore intra-continental IP dynamics, and greater empirical research on cultural industries, such as Nollywood, to bridge gaps between IP law and practice.
Student Presentations and Feedback Sessions
Doctoral students and project contributors presented their research on diverse topics such as copyright in informal economies and climate justice through green patents. Feedback from senior scholars provided practical guidance on achieving clarity, structuring arguments, and avoiding sweeping statements. Key point in this session was the importance of framing and being wary of fast-moving topics, and the importance of obtaining ethical clearance for some research.
Best Practices for IP Scholarship in Africa
Prof. Arewa emphasized the need for African-authored research, comparative analysis across African nations, and the importance of legal history in IP. She encouraged African scholars to analyze industries like Nollywood and to explore cross-sector connections. Prof. Bagley expressed a need for research that evaluates the implications of strong IP protections, particularly on access to education and cultural preservation, while highlighting the importance of African voices in global IP dialogues.
Innovation, AI, and Data Regulation
The session on AI, data regulation, and innovation underscored Africa’s growing role in these areas, with presentations on topics like software patentability and data protection. Prof. Isaac Rutenberg and Prof. Bankole Sodipo SAN called for policies that advance technology in a way that serves the public good. Prof. Justin Hughes urged scholars to challenge assumptions and think beyond the law to understand IP’s impact on areas such as innovation and economic equity.
Traditional Knowledge, Genetic Resources, and Cultural Expressions
Presentations on Traditional Knowledge (TK), Genetic Resources (GRs), and Traditional Cultural Expressions (TCEs) emphasized the need for tailored IP frameworks to protect African cultural assets. Scholars like Prof. Anthony Kakooza and Dr. Nkem Itanyi shared case studies on Ethiopia’s Teff patent, the integration of customary law, AfCFTA and Nollywood.
Memorable quotes from the events
- “You can have a great government, great courts, but if you have underdeveloped understanding of technology, you’re not going anywhere.” – Okediji
- “There are many people more stupid than you that have completed their PhD.” – Prof. Tobias Schonwetter, offering encouragement to doctoral students.
- “One should never have to defend something they wrote more than two years ago.” – (Prof. Graeme Dindwoodie, buttressed by Prof. Bagley and Prof. Tushnet).
- “When I’m selling snake oil, I tell people, I’m selling snake oil.” –Prof. Justin Hughes, quoting his supervisor Alan Dershowitz.
- “Research is formalized curiosity. It is poking and prying with a purpose.” – Prof. Hughes in his keynote, quoting Zora Neale Hurston in Dust Tracks on a Road: An Autobiography (1942), used to convey the essence of scholarly inquiry.
- “If you can, anticipate something new and write about it before it arrives.” – Prof. Justin Hughes
- “See your article as a tree. Everything must connect in a way the reader can follow. Find where emphasis should be placed” – Prof. Gordon.
- “To understand TRIPS or…, look beyond just the agreement. Look at the negotiations for each of the provisions in the agreement” – Prof. Peter K. Yu.
Conclusion
The authors and editor of this piece, like all others who attended, believe the “Intellectual Property in Africa” conference was a resounding success, as it offered invaluable (and “table-shaking”) insights and fostering connections among global IP scholars, African policymakers, and emerging researchers. It highlighted the importance of IP as a driver of justice, innovation, and cultural preservation, especially within African contexts. This event was more than an academic exchange; it was a call to action for Africa’s future in IP, as it emphasized the need for research that is rigorous, culturally relevant, and globally influential.
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