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Enforcement of Intellectual Property Rights in Africa

Autor Marius Schneider, Vanessa Ferguson
en Limba Engleză Hardback – 4 mai 2020
Africa is rising: with double-digit growth figures in many countries, its growing middle and upper class, the continent represents an untapped, dynamic, fast-moving and competitive market that businesses can scarcely ignore. Intellectual property right owners are increasingly paying attention to this new African dynamic and have started to invest into African markets. Unfortunately, so have counterfeiters. Taking action against counterfeit and pirated products in Africa is a challenge against which right holders and their representatives often feel overwhelmed. Filling a gap in the market, this is the only book providing a detailed overview of the law and practice in relation to intellectual property rights enforcement in all 54 African countries and through the two main regional intellectual property organisations, the OAPI and the ARIPO. For the first time, a comprehensive manual on the conditions and procedures under which the civil and criminal courts, the police and customs take action with regard to counterfeit and pirated goods is available. Arranged in a systematic manner, the reader will find for every jurisdiction information on the factual background, the organisation of the courts, the legal context, the judicial, civil and criminal enforcement of patents, trade marks and copyrights as well as information on the scope, requirements and practical application about customs recordals. Counterfeiting and piracy constitutes a dire problem in Africa but as the book will show, solutions, often unknown and unexplored, do exist. With this publication, the authors aim at demystifying intellectual property rights enforcement in Africa by providing valuable information to right holders, judges, lawyers and law enforcement officials.
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Specificații

ISBN-13: 9780198837336
ISBN-10: 019883733X
Pagini: 1040
Dimensiuni: 161 x 240 x 59 mm
Greutate: 1.72 kg
Ediția:1
Editura: OUP OXFORD
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom

Recenzii

[An] up-to-date study of the law and practice of intellectual property rights enforcement in all 54 African countries For each country, the legislative provisions regarding IPRs enforcement are identified and where relevant, discussed. The book further highlights the role and practical workings of IP institutions and the enforcement agencies such as courts and customs offices in each African country. The book is much relevant to practising lawyers and their (potential) clients in that it quite convincingly evidences the availability of legislative provisions and institutional mechanisms for the enforcement of IPRs across Africa This book will be primarily relevant to legal practitioners and persons working in public IP institutions in Africa. For its coverage of all 54 countries in Africa, this book will also be relevant to anyone interested in exploring the economics of IP, particularly IPRs enforcement in Africa.
The authors, Marius Schneider and Vanessa Ferguson, are certainly among the persons who are best placed to successfully carry out this ambitious task, in view of their vast experience in IP enforcement in many African countries ... I, for one, consider that this book perfectly fulfils the purpose set forth by the authors, the one of demonstrating that in Africa, 'although in practice the enforcement of IP rights may be burdensome... there is always a remedy in every country that rights holders and practitioners can choose to defend and enforce their rights'.
The book is an indispensable tool for anyone who has anything to do with, or interest in, the exploitation of IP in Africa ... The lay-out and presentation makes for easy access to topics in all countries and to supporting authorities. This all results in a handy reference work ... The authors are to be commended for taking on the daunting task of compiling and presenting invaluable information on IP enforcement across the board in Africa in such a concise and digestible form as is contained in this work. They have made a significant and worthwhile contribution to the knowledge in this field and to its development ... Their work ought to be on the bookshelf of all those who are directly or indirectly involved in the utilization of IP on the African continent.
It is one of the objectives of OAPI to raise awareness for IP rights and I therefore applaud this book as a step towards strengthening IP rights in Africa.
I personally think that this book provides the missing link in the value chain to build respect for IP rights throughout Africa. We are constantly at the age of discovery and must move towards an age of implementation. Having a training tool of this nature with a focus on knowledge sharing, collaboration and capacity building greatly assists to ensure that the global protection of IP rights are followed by effective enforcement that supports the economic growth needed in Africa.
Brands and trade marks are the single most valuable asset of our company. Protecting, managing and enforcing IP rights in Africa is key to business expansion on the continent. The book is an excellent guide for businesses like ours, leading on the African continent.
To develop awareness and respect for IP rights in third countries to the EU, as well as making sure enforcement is as efficient as possible, is a priority for EU institutions. The EUIPO and the EU Observatory on infringements of IP rights participate in those priorities by implementing EU-funded projects. Africa is a major jurisdiction of interest for both European business and the EU institutions alike. Therefore this book is welcomed as providing much needed and sought after information on enforcement of IP rights in this part of the world.
Counterfeiting may pose a serious risk to the health and safety of consumers. Those in less developed countries are particularly vulnerable. Hence every effort to eliminate this threat, including initiatives such as this book, are very welcome.
The vision of ACA is a counterfeit-free Kenya, by prohibiting counterfeiting through the promotion and enforcement of IP rights. A key area of our mandate is to enlighten and inform the public on matters relating to counterfeiting and measures available to IP rights holders. I see this book as a supportive aid in increasing awareness of the available enforcement measures, not only in Kenya, but across its borders into the rest of Africa.

Notă biografică

Marius Schneider is an attorney-at-law at the Brussels bar and a legal adviser in Mauritius. Marius is the Founder and Director of IPvocate Africa Legal Advisers (www.ipvocateafrica.com) . He has more than twenty years experience in the field of IP, of which more than fifteen years of protecting, managing, and enforcing IP rights in Africa.Vanessa Ferguson is a Brand Protection & Anti-Counterfeiting Specialist at Ferguson Attorneys, a South African IP specialist law firm (www.ferguson-ip.com). Vanessa has more than twenty years experience in IP and anti-counterfeiting. Her practice covers cross-border protection and enforcement of IP rights in Africa.