Details

Autor(en) / Beteiligte

• Ncube, Caroline B.

Titel

Continental IP Co-operation: PAIPO

Ist Teil von

• Intellectual Property Law in Africa, 2023, p.188-210

Auflage

2

Ort / Verlag

United Kingdom: Routledge

Erscheinungsjahr

2023

Quelle

Alma/SFX Local Collection

Beschreibungen/Notizen

• This chapter outlines the historical development of the PAIPO Statute and compares the 2012 and 2013 drafts with the final statute (adopted in 2016) to demonstrate how it evolved. It considers final statute's provisions on PAIPO legal status, its objectives, principles and functions together with its organs and their functions. It also debates the organisational coordination between PAIPO, ARIPO and OAPI. Finally, it evaluates the policy orientation of PAIPO as deciphered from the text of the statute to ascertain the extent to which it accords with the vision for IP on the continent articulated in other AU instruments. This chapter focuses on the creation of PAIPO as a specialised AU agency and includes a historical overview. It sets out the organisation's organs, its objectives and functions. In 2019 the AU last updated the list of AU member states which have signed the PAIPO Statute. It is appropriate that the final PAIPO Statute does not include an IP standard or norm-setting function, which had been included in the drafts. The 2012 Draft PAIPO Statute completely overlooked the pro-development position of the African Group and failed to reference the WIPO DA, which it had been instrumental in securing. It is accepted that the PAIPO statute cannot be expected to go beyond a general contextualisation of public interest and policy considerations. Significant progress has been made in relation to IP in the EAC, ECOWAS and COMESA, which have all formulated IP policies.