Intellectual Property Rights in East Africa Harmonization of Patent Laws and Policies for the East African Community

Abstract

While acknowledging that the foundational conventions on intellectual property rights of the 18th century brought the world together towards uniformity under the doctrine of territoriality, the world did not settle there for long. The conventions, treaties and protocols negotiated and signed thereafter are reflections of the dynamism of the evolution of the IP regime. Under the WTO negotiated TRIPS, Provisions for basic minimum conditions by each member state were concluded and acceded to. Yet, soon thereafter different regional IP blocs emerged and the USA led the pack in the signing of bilateral trade agreements with her trade partners. Her intention was to supplement if not to circumvent the provisions of the TRIPS with the ultimate goal of benefitting her IP oriented multilateral industries. EU also put in place laws and policies to come up with a harmonized patent regime administered at EPO. The EU example has become a success story worth emulating. East Africa should not be left behind clinging to the Paris, Berne Conventions and TRIPS blindly. It is argued in this research that time has come for the East Africa Community member states to harmonize her patent policy and laws. Along this is the role of the internet in driving IP administration and exploitation. To effectively compete with the rest of the world the proposed harmonized patent regime should be administered through a central electronic registry at Arusha.