ABSTRACT

The intellectual property laws in most of sub-Saharan Africa are derived from the colonial laws and legal systems. The introduction and administration of intellectual property under the aegis of imperialistic legal systems in many parts of the African continent coincides with the international era in intellectual property history. Internationalization of intellectual property as crystallized in the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement has had a remarkable influence on current development in intellectual property regimes in many African countries. More important factor to the force and tenor of the intellectual property regime in Africa can be situated in its jurisprudential foundation as introduced to colonial Africa through Imperial laws. In the political economy of TRIPS, the developed countries favored strong intellectual property laws whereas developing countries in Africa, Asia and South America have always wanted more relaxed intellectual property regimes, due mainly to their respective developmental stages. TRIPS Agreement did not fundamentally differ from that of the G-14 Proposal.