Enforcement of copyright in the music industry : A critical analysis of the legal and institutional framework on enforcement in Sub Saharan Africa

PhDIt is trite to state that law without effective enforcement is of no use to those it seeks to protect. Nevertheless, it must be emphasised that for a law to be effective, there have to be corresponding institutional structures. Enforcement of copyright involves two phases. The first is formulation and enactment of law. The second phase is the implementation of legal provisions that includes interpretation of law and determination of cases by the courts, investigation of copyright violations, prevention of unauthorised exploitation of the rights and the use of sanctions and remedies provided by law. The main problem for rights holders is not so much in written law but in enforcement or lack thereof. Some creative industries in sub Saharan Africa are being threatened due to unauthorised commercial exploitation of copyright protected works. This is despite strengthening of national laws in the region. There are various reasons for the impending demise of such industries, but the crucial factor is lack of or limited enforcement. The thesis looks at the important issue of enforcement from the perspective of the music industry in sub Saharan Africa. Based on an analysis of four sub Saharan countries, namely Kenya, Nigeria, Senegal and South Africa, this thesis illustrates that despite having in place relatively modem copyright laws, these countries still experience high levels of unauthorised commercial use in respect of music. The thesis suggests that a key factor that .. promotes unauthorised commercial use is lack of effective enforcement." Through a critical analysis, based on the political, social, economic and technological perspectives, the thesis addresses three questions. First, why is copyright enforcement a problem in sub Saharan Africa? Secondly, why has the existing legal regime failed to ensure effective enforcement? Thirdly, what is an effective copyright enforcement regime? Effective enforcement of copyright, from a political, economic, social and technological perspective involves the existence of enforceable law, as well as effective enforcement mechanisms in both private and public sectors. An effective enforcement regime ensures conformity to law, involves a constant review of existing legal regimes and institutional structures (such as enforcement agencies) as well as adoption of new procedures and technologies to reduce incidences of non-compliance. The thesis concludes by suggesting proposals for policy guidelines on enforcement of music copyright in sub Saharan Africa.Herchel Smith Scholarship Max Planck Institute fellowshi

Intellectual property framework responses to health emergencies – options for Africa.

We debate whether intellectual property (IP) protection of medical products and devices required to prevent, treat and contain COVID-19 should be waived, as proposed by South Africa and India, under the World Trade Organization (WTO)’s Agreement on Trade-related aspects of Intellectual Property Rights (TRIPS Agreement). We discuss existing public policy mechanisms under the TRIPS Agreement and how these have been implemented at national level in Africa, and find that these have proven inadequate and that they have been sub-optimally implemented. We then consider the TRIPS Waiver proposal which has been tabled due to the inadequacy of existing mechanisms and outline the EU’s counter proposal which is founded on existing mechanisms. Both proposals have served at multiple WTO council meetings and would have been the subject of the 2021 WTO Ministerial Conference, which was postponed and is now set to be held in June 2022. Meanwhile, the proposal has been the subject of negotiations between India, South Africa, the EU and the USA (‘the quad’) and, as of May 2022, has been opened for consideration by all Members. Whatever the outcome of WTO deliberations, African states must take necessary national IP regulatory reforms and cooperate at sub-regional and continental level to improve access to medical products and devices to meet their citizenry’s healthcare needs.Significance:• There is need for a sustainable and comprehensive intellectual property framework that is responsive to health emergencies. Existing public policy mechanisms have not proven effective.• Adaptation and innovation are required at the international norm-setting level as evidenced by the two inprogress proposals for a TRIPS Agreement waiver and for an International Treaty on Pandemics. Both are contested and may only actualise in the medium to long term.• In the context of such uncertainty and delay, timely action should be taken at national level, through legislative reform coupled with necessary manufacturing capacity, which will be boosted by cooperation between African states

Enforcement of copyright in the music industry : A critical analysis of the legal and institutional framework on enforcement in Sub Saharan Africa

EThOS - Electronic Theses Online ServiceGBUnited Kingdo

ACA2K country report : Kenya

Co-published with the LINK Centre, University of the Witwatersran

Intellectual property framework responses to health emergencies – options for Africa

We debate whether intellectual property (IP) protection of medical products and devices required to prevent, treat and contain COVID-19 should be waived, as proposed by South Africa and India, under the World Trade Organization (WTO)’s Agreement on Trade-related aspects of Intellectual Property Rights (TRIPS Agreement). We discuss existing public policy mechanisms under the TRIPS Agreement and how these have been implemented at national level in Africa, and find that these have proven inadequate and that they have been sub-optimally implemented. We then consider the TRIPS Waiver proposal which has been tabled due to the inadequacy of existing mechanisms and outline the EU’s counter proposal which is founded on existing mechanisms. Both proposals have served at multiple WTO council meetings and would have been the subject of the 2021 WTO Ministerial Conference, which was postponed and is now set to be held in June 2022. Meanwhile, the proposal has been the subject of negotiations between India, South Africa, the EU and the USA (‘the quad’) and, as of May 2022, has been opened for consideration by all Members. Whatever the outcome of WTO deliberations, African states must take necessary national IP regulatory reforms and cooperate at sub-regional and continental level to improve access to medical products and devices to meet their citizenry’s healthcare needs. Significance: There is need for a sustainable and comprehensive intellectual property framework that is responsive to health emergencies. Existing public policy mechanisms have not proven effective. Adaptation and innovation are required at the international norm-setting level as evidenced by the two in-progress proposals for a TRIPS Agreement waiver and for an International Treaty on Pandemics. Both are contested and may only actualise in the medium to long term. In the context of such uncertainty and delay, timely action should be taken at national level, through legislative reform coupled with necessary manufacturing capacity, which will be boosted by cooperation between African states

Innovation & intellectual property: collaborative dynamics in Africa

In the global knowledge economy, intellectual property (IP) rights – and the innovations they are meant to spur – are important determinants of progress. But what does this mean for the nations of Africa? One view is that strong IP protection can facilitate innovation in African settings. Others say that existing IP systems are simply not suited to the realities of African innovators. This book, based on case studies and evidence collected through research across nine countries in Africa, sheds new light on the complex relationships between innovation and intellectual property. It covers findings from Egypt, Nigeria, Ghana, Ethiopia, Uganda, Kenya, Mozambique, Botswana and South Africa, across many sites of innovation and creativity including music, leather goods, textiles, cocoa, coffee, auto parts, traditional medicine, book publishing, biofuels and university research. Various forms of intellectual property protection are explored: copyrights, patents, trademarks, geographical indications and trade secrets, as well as traditional and informal mechanisms of knowledge governance. The picture emerging from the empirical research presented in this volume is one in which innovators in diverse African settings share a common appreciation for collaboration and openness. And thus, when African innovators seek to collaborate, they are likely to be best-served by IP approaches that balance protection of creative, innovative ideas with information-sharing and open access to knowledge. The authors, who come from a range of disciplines, are all experts in their fields, working together through the Open African Innovation Research and Training (Open A.I.R.) network