16 January 2026
Africa is on the brink of the biggest economic shift in its history. The African Continental Free Trade Area (AfCFTA) is breaking down borders, uniting 54 countries into a single market of 1.5 billion people, and unlocking new opportunities for trade and investment. While the headlines are about tariffs and logistics, the real battleground for businesses will be something far less visible: intellectual property (IP).
IP rights are territorial, which means that a trade mark registered in South Africa gives you no protection in Kenya, a Nigerian patent has no effect in Niger, and so on. As trade barriers fall, competitors can enter new markets faster than ever. The risk this holds for businesses is that competitors could register their brand or invention first in new markets, leaving them with the prospect of expensive disputes or being forced to rebrand in regions where they should have had a head start.
The AfCFTA Protocol on Intellectual Property Rights marks a significant milestone for IP protection on the continent. The Protocol was formally adopted by the African Union Assembly in February 2023 as part of the Phase II AfCFTA instruments, alongside the protocols on investment and competition policy. However, the Protocol will only enter into force once it has been ratified by at least 22 State Parties, a process that is still underway.
Notwithstanding this, meaningful progress has been made. Annexes to the Protocol, which are essential to flesh out obligations on specific IP categories and to address the governance of the future AfCFTA Intellectual Property Office have been under negotiation, with several annexes approved by the AfCFTA Council of Ministers on 12 October 2025. These developments signal a clear shift from a purely conceptual framework towards implementation.
The annex dealing specifically with the establishment and mandate of the AfCFTA Intellectual Property Office has not yet received final approval from the Assembly of Heads of State and Government. Once adopted, it will become an integral part of the Protocol and enable coordinated continental IP operations.
The Protocol does not simply harmonise IP in Africa but rather reimagines IP for Africa’s realities. Its focus is about building an IP ecosystem that works for Africa, by Africa. Some of the highlights of the Protocol are the following:
- National treatment principles mean businesses will be treated fairly across member states.
- Border measures will strengthen enforcement against counterfeit goods.
- Special protection for traditional knowledge and cultural expressions will ensure African heritage is not exploited without consent or benefit-sharing.
The IP map of Africa is being redrawn, and the winners will be the businesses that act now. Latecomers will face a nightmare of blocked market entries, opportunistic filings by competitors, and costly litigation across multiple countries.
Forward-looking companies are not waiting, they are:
- running clearance searches across their priority markets;
- filing applications in multiple jurisdictions (before competitors do);
- developing continent-wide enforcement strategies, including customs and border actions; and
- positioning their brands and other IP portfolios to take advantage of AfCFTA-driven trade.
There is a small window of opportunity and with every month that passes, more trade marks are filed, more portfolios are built, and more ground is lost for those still sitting on the sidelines.
At Von Seidels, we have been at the forefront of IP protection across Africa for years. With established offices in South Africa, Cameroon (serving the OAPI region), Kenya (serving the East Africa region), Namibia (serving the ARIPO region) and Nigeria (serving the West Africa region), and backed by a trusted network of local partners in every other jurisdiction, we offer seamless coverage across the continent.
We understand the nuances of each national office and are following the developing AfCFTA framework closely. Should you need any assistance or have any queries regarding your IP protection or expansion in Africa, please contact us.
