On 25 September 2025, Professor Wend Wendland, delivered the 14th Peter Jaszi Distinguished Lecture at American University in Washington D.C.. The event was hosted by the Program on Information Justice and Intellectual Property....
Read More[Wend Wendland] The continent-wide free trade zone created by the Agreement Establishing the African Continental Free Trade Area (the AfCFTA) has the potential to catalyse intra-African trade, boost economic development and lift tens of millions of Africans out of poverty. From a trade and development perspective, the AfCFTA advances a fresh trade model focused on inclusive and sustainable development. In recognizing the centrality of intellectual property (IP) protection in today’s economy, and the benefits of continental cooperation on IP, the AfCFTA will include a Protocol on IP, an early draft of which has been published. Finalization of the IP Protocol holds the promise of a home-grown, single, coherent and Africa-centred IP regime. This could harmonize the fragmented IP landscape of today while safeguarding national policy space on key issues, strengthen the hands of African negotiators in international forums and even help propel currently deadlocked international negotiations towards the finish line. This blog post examines the elements of the draft Protocol related to genetic resources, traditional knowledge and traditional cultural expressions (expressions of folklore). It is too soon to tell whether the IP Protocol will realise its promise and advance the policy objectives, principles and transformative potential of the AfCFTA. Future drafts of the Protocol will be followed closely by “Multilateral Matters”.
Read MoreInternational IP instruments are usually developed “bottom up”, which is to say that they build upon and harmonize those existing national regimes that are regarded as successful and representative of widespread practice. At least when they are first adopted, international IP instruments are often not too detailed and prescriptive, leaving policy space for national implementation. The negotiations so far in the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (the WIPO IGC), are more “top down” than “bottom up”, at least on traditional knowledge (TK) and traditional cultural expressions (TCEs). This is because national regimes are relatively recent and few in number, and experiences with them so far are inconclusive. The “top down” nature of the IGC may be one of the reasons that its progress has been slow so far.
Read MoreThe Multilateral Matters is an occasional blog on international developments related to intellectual property, innovation, development and public policy. Multilateral institutions matter because that is where international rule-making takes place. And, multilateral institutions are useful, especially for smaller and less powerful developing countries, because they are rules-based and every state, no matter its size, has a voice. However, in reality, it is profoundly challenging for developing countries to engage effectively in international negotiations and achieve their preferred policy outcomes.
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