African Free Trade Agreements And Intellectual Property

This informative book examines the intellectual property (IP) provisions of the sub-regional and continental Free Trade Agreements (FTAs) that have been implemented in Africa to facilitate trade and promote economic integration. Michael Blakeney and Getachew Mengistie Alemu explain how FTAs can be used when setting IP standards in order to influence the ongoing effort to develop effective international agreements with Africa.

Providing the first book-length analysis of the African Continental Free Trade Area (AfCFTA), this volume asks how can it be ensured that the AfCFTA is effectively implemented to deliver inclusive trade in Africa. The African Continental Free Trade Area (AfCFTA) will cover an African market of 1.2 billion people and GDP of over $2.5 trillion, across all 55 member States of the African Union. Yet, trade policy increasingly appreciates that free trade is not enough; trade must also be inclusive to deliver developmental benefits. With contributions from leading trade policy authors across Africa and beyond, this book offers insights into the development and implementation of the AfCFTA and serves as a reference for stakeholders interested in trade in Africa more broadly. The contributors assess what important lessons can be drawn from the experiences of regional integration in and beyond Africa, including from success stories like ASEAN as well as from failures like the Free Trade Agreement of the Americas. An important new work for researchers and policymakers focusing on African trade and economic policy, and trade policy more generally.

This book is highly topical. The shift from the multilateral WTO negotiations to bilateral and regional Free Trade Agreements has been going on for some time, but it is bound to accelerate after the WTO Doha round of negotiations is now widely regarded as a failure. However, there is a particular regional angle to this topic as well. After concluding that further progress in the Doha round was unlikely, Pacific Rim nations recently have progressed with the negotiations of a greatly expanded Trans-Pacific Partnership Agreement that includes industrialised economies and developed countries such as the United States, Japan, Australia and New Zealand, recently emerged economies such as Singapore, but also several developing countries in Asia and Latin America such as Malaysia and Vietnam. US and EU led efforts to conclude FTAs with Asia-Pacific nations are also bound to accelerate again, after a temporary slowdown in the negotiations following the change of government in the United States and the expiry of the US President’s fast-track negotiation authority. The book will provide an assessment of these dynamics in the world’s fastest growing region. It will look at the IP chapters from a legal perspective, but also put the developments into a socio-economic and political context. Many agreements in fact are concluded because of this context rather than for purely economic reasons or to achieve progress in fields like IP law. The structure of the book follows an outline that groups countries into interest alliances according to their respective IP priorities. This ranges from the driving forces of the EU, US and Japan, via Asia-Pacific resource-rich but IP poor economies such as Australia and New Zealand, recently emerged economies with strong IP systems such as Singapore and Korea to leading developing countries such as China and India and ‘second tier industrializing economies’ such as Thailand, Malaysia and Indonesia.

With the AfCFTA in force and several regional integration initiatives ongoing in Africa, effective implementation promises an economic growth and development trajectory that defi nes the ‘Africa we want’ as posited by the African policymakers within the context of the African Union’s ‘Agenda 2063’. This is more evident with emerging dynamics characterised by unprecedented shocks and fast-paced evolution in the digital space. The implications of these dynamics beckon a rethinking of the strategies for riding on and above the wave. This book delves into some of the policy intricacies and generates both insights on emerging shocks, digitalisation, intellectual property rights and raises interesting issues for further reflection. It is a great read that illuminates critical trade issues with important policy implications.

This book provides a comprehensive assessment of African economic integration through the lens of International Economic Law. The analysis is contextualised within the prevailing regional economic integrations, the WTO and the peculiarity of the AfCFTA. Through legal analysis, bolstered by economic and political dimensions, the book illustrates the complex interplay of diverse factors that shape the AfCFTA. Each chapter presents a separate element of economic integration within the principles of international economic law, with an interdisciplinary approach encompassing legal, economic and political perspectives. Covering topics such as economic integration and multilateralism, market access, exceptions, trade facilitation, rules of origin and non-tariff barriers, the book also discusses trade remedies, dispute settlement, investment, intellectual property and completion policy. Additionally, human rights, corporate social responsibility and sustainable development principles are discussed, alongside small and medium-sized enterprises (SMEs), digital trade and gender in economic integration. The book will be of interest to students, instructors, practitioners and nonpractitioners in this area of international economic law.

In 2018, the members of the African Union adopted the African Continental Free Trade Area Agreement (AfCFTA). This book examines the AfCFTA, dissecting its key provisions. It stresses the importance of the AfCFTA in the context of increasing episodes of trade protection in Africa, and it theorizes on the role of the treaty organs. The book also examines the importance of citizen participation for the success of the AfCFTA, as well as exploring the role sub-state actors can play. Ultimately, the study adds to the understanding of the array of problems that are associated with regional trade in Africa and the role law plays in resolving these problems. It will be of importance to academics and students of international law, especially those with an interest in African trade law, as well as legal professionals and policymakers.

A major target of Goal 3 of the Sustainable Development Goals adopted by the United Nations in 2015 is the elimination of ‘the epidemics of AIDS, tuberculosis, malaria and neglected tropical diseases’ and combating ‘hepatitis, water-borne diseases and other communicable diseases’. Intellectual property (IP) has been identified as one of the factors impeding access to affordable medicines in developing countries, especially in relation to the HIV pandemic. This book examines the scope of the existing flexibilities in international IP law for promoting access to medicines. It analyses the factors accounting for the underutilisation of the flexibilities in Africa and the measures that African countries may adopt to address the IP barriers to access to medicines. It explores the regional strategies that Africa can adopt to resolve the tension between IP regimes and access to medicines. It also highlights how trade liberalisation and regional integration can play crucial roles in enhancing the use of TRIPS flexibilities, local pharmaceutical manufacturing and access to medicines in Africa. By adopting qualitative research methods to investigate how African countries may effectively use IP to serve public health purposes through the stratagem of regional integration, this book will be a valuable contribution to the existing literature on IP.

The African Continental Free Trade Area (AfCFTA) agreement will create the largest free trade area in the world, measured by the number of countries participating. The pact will connect 1.3 billion people across 55 countries with a combined GDP valued at $3.4 trillion. It has the potential to lift 30 million people out of extreme poverty by 2035. But achieving its full potential will depend on putting in place significant policy reforms and trade facilitation measures. The scope of the agreement is considerable. It will reduce tariffs among member countries and cover policy areas, such as trade facilitation and services, as well as regulatory measures, such as sanitary standards and technical barriers to trade. It will complement existing subregional economic communities and trade agreements by offering a continent-wide regulatory framework and by regulating policy areas—such as investment and intellectual property rights protection—that have not been covered in most subregional agreements. The African Continental Free Trade Area: Economic and Distributional Effects quantifies the long-term implications of the agreement for growth, trade, poverty reduction, and employment. Its analysis goes beyond that in previous studies that have largely focused on tariff and nontariff barriers in goods—by including the effects of services and trade facilitation measures, as well as the distributional impacts on poverty, employment, and wages of female and male workers. It is designed to guide policy makers as they develop and implement the extensive range of reforms needed to realize the substantial rewards that the agreement offers. The analysis shows that full implementation of AfCFTA could boost income by 7 percent, or nearly $450 billion, in 2014 prices and market exchange rates. The agreement would also significantly expand African trade—particularly intraregional trade in manufacturing. In addition, it would increase employment opportunities and wages for unskilled workers and help close the wage gap between men and women.