Balancing intellectual property rights with public obligations in developing nations: Lessons from Africa

Abstract

As the use of digital technology expands across the southern African region, fundamental democratic principles of private ownership and public access of digital information come into conflict with a range of national and international laws. Unfortunately, little research has been conducted in developing countries regarding the effects of intellectual property law. Part of the reason for the limited number of studies is that few developing countries have altered their intellectual property systems sufficiently (since signing international agreements) for researchers to detect changes in patterns. Until such research exists, and in recognition of current international pressures, there is a need for leaders in the Southern African Development Community (SADC) countries to resist adopting restrictive copyright regimes to facilitate international trade agreements and not to use copyright issues as pawns in negotiating trade privileges. Instead, protection of information bases, technology assets, and dissemination of knowledge should be part of a framework which supports national development, considers human rights policies, and expands the talents of the currently impoverished. Expanding public awareness and understanding of copyright issues should be a priority in the SADC countries. A lack of a full understanding of the benefits of copyright protection, along with an underlying belief that copyright infringement is justified, or at most harmless, undermines the rewards for innovators within the society.