ARIPO signs a Memorandum of Understanding with SADC

On 30 July 2024 ARIPO and The Southern African Development Community (SADC) signed a Memorandum of Understanding (MoU) regarding their collaboration on intellectual property matters. This was at the 7th SADC Industrialization Week in Harare, Zimbabwe.

SADC is an intergovernmental community organisation, comprising of sixteen member states, namely, Angola; Botswana; Comoros; Democratic Republic of Congo; eSwatini; Lesotho, Madagascar; Malawi; Mauritius; Mozambique; Namibia; Seychelles; South Africa; Tanzania; Zambia and Zimbabwe. Its main objective is said to be the promotion of sustainable and equitable economic growth and socio-economic development in the region. Fifty percent of ARIPO’s twenty-two members are also members of SADC, namely, Botswana; eSwatini; Lesotho; Malawi; Mauritius; Mozambique; Namibia; Seychelles; Tanzania; Zambia and Zimbabwe.

Through the MoU, the two organisations aim to strengthen their collaboration in the enhancement and development of intellectual property protection in the region, as they recognise the significant role that intellectual property can play in driving sustainable economic growth in the region. It is reported that some of the key areas of focus in this collaboration will be, “promoting the IP system as a tool for trade and investment; harmonisation of policies, laws, and strategies; promotion of innovation and creativity; strengthening regional and national IP administration systems; and enhancing business competitiveness for SMEs in local, regional, and international markets”.

On ‘strengthening regional and national IP administration systems, notable are the challenges that are encountered in the processing of ARIPO trade mark applications at national level in some of the member states. The challenges emanate from the lack of enabling legislation that expressly confirm the countries’ accedence to the Banjul Protocol on Marks and recognise the ARIPO trade mark system, as well as regulations on the processing of applications upon receipt from ARIPO. Only a few signatories to the Protocol have amended their national trade mark laws accordingly to recognise ARIPO. This flaw in the system also raises concerns regarding the enforceability of trade mark rights acquired through ARIPO in some of the member countries. Without the proper legislative framework, administration challenges are likely to remain. It remains to be seen how the collaboration between the two organisations will tackle such challenges.

SOURCE:

SADC and ARIPO sign MoU to provide a framework of cooperation and facilitate collaboration in the areas of Intellectual Property | SADC
Blog – The African Regional Intellectual Property Organization (ARIPO)