- May 9, 2023
- Posted by: AITRC 2
- Category: News
Historically, women have been at the forefront of creativity and innovation, making significant contributions to intellectual property (IP) systems that have profoundly shaped our world. Despite facing numerous challenges, including gender biases, discrimination, and limited opportunities, women have persevered and made remarkable strides in various IP-related fields. Women have enriched our societies with ingenuity and vision, from science and technology to arts and culture. However, their contributions often remain overlooked, and their works are underrepresented in the documentation of innovation, creativity and knowledge. It was a delight for the World Intellectual Property Organisation (WIPO) to acknowledge and celebrate all those unsung heroines of IP during World IP Day, 2023[1]. Recognizing and celebrating these unsung heroines who have advanced human progress through their creativity and innovation is crucial.
Women’s contributions to intellectual property systems can be traced back to the earliest civilizations. Women have been inventors, artists, writers, and scientists for centuries, generating ideas and entrepreneurs and developing groundbreaking solutions. However, societal norms and discriminatory practices have often limited their recognition and access to resources, resulting in their works being lost or marginalized in historical records. Despite these challenges, women have persisted, leaving indelible marks on human history.
One notable example is Ada Lovelace, an English mathematician and writer who is often regarded as the world’s first computer programmer[2]. In the mid-19th century, Lovelace worked alongside Charles Babbage, a pioneer in computer science, and made significant contributions to his Analytical Engine, a mechanical general-purpose computer. Lovelace’s visionary insights, including the idea of using the machine for more than just number-crunching and her concept of a “machine that could compose elaborate and scientific pieces of music,” laid the foundation for modern computer programming. However, Lovelace’s work was largely overlooked during her time, and it was only in the 20th century that her contributions were recognized, and she was celebrated as a trailblazer in the field of computer science. Take another example, Frida Kahlo, a Mexican artist known for her powerful self-portraits that explored themes of identity, gender, and societal norms. Kahlo’s unique style and bold depiction of her own struggles and experiences as a woman has made her an icon in the art world. However, during her lifetime, Kahlo’s works were largely overshadowed by her famous husband, Diego Rivera. Only in recent years have her contributions to art and culture gained widespread recognition.
Similarly, African women have a rich history of leading creativity and innovation, making significant contributions to intellectual property Rights (IPRs) that have shaped our world today. From ancient traditions and indigenous knowledge to keeping and handing down geographical indications and cultural heritage from generation to generation to modern-day advancements in various fields, African women have been pivotal in driving progress and positively impacting their communities and beyond. However, their contributions often remain undocumented or unrecognized, and their stories remain untold.
One of the reasons for this disparity is the gender biases that exist in a society that has directly affected their contribution to intellectual property systems. Research has shown that African women and women in general face systemic barriers such as gender stereotypes, discrimination, and unconscious biases that limit their access to resources, funding, and recognition[3].
Despite the undeniable contributions of African women to creativity and innovation, which have often been passed down through oral traditions, folklore, and community practices, they have not been well-documented or protected by conventional IP systems. This has led to their works being vulnerable to misappropriation, exploitation, or erasure and has limited their access to resources, recognition, and economic benefits. However, research has also shown that African women encounter various obstacles, including gender stereotypes, unequal access to education and resources, cultural norms restricting their mobility and lack of representation in decision-making processes.
However, African women have continue to show incredible resilience, creativity and resourcefulness in the face of all these adversities. For instance, in agriculture, African women have been key players in food production, processing, and marketing, employing innovative techniques and practices that have sustained their families and communities for generations. They have been involved in traditional crafts, art, and cultural practices deeply rooted in African heritage, contributing to preserving indigenous knowledge and cultural diversity and the secret of Geographical indications products.
As a result, on behalf of Africa International Trade and Commerce Research (AITCR) we celebrate the following African women who have been breaking barriers, challenging gender norms, and driving innovation across different sectors. For example, Dr. Ameenah Gurib-Fakim[4], a Mauritian biodiversity scientist, has made groundbreaking contributions to the field of plant chemistry, leading to the development of new drugs and solutions for sustainable agriculture and also served as the 6th and First Female President of the Republic of Mauritius (2015-2018). Another African woman worthy of recognition is Bethlehem Tilahun Alemu[5], an Ethiopian entrepreneur who has created a successful footwear company, SoleRebels, that provides jobs and economic opportunities for local communities but also promotes sustainable and ethical fashion practices.
We also have African women who are storytellers, musicians, writers, and visual artists who have captured diverse African experiences and perspectives through their creative expressions. For instance, Chimamanda Ngozi Adichie[6], a Nigerian author, has gained worldwide recognition for her powerful and thought-provoking writing that addresses gender, race, and identity, amplifying African voices on the global stage.
Initiating IP policy design, formulation, development, enforcement, administration, and advocacy work has been crucial in promoting innovation, creativity, and economic growth in Africa and globally. Likewise, many African women in academia have made significant contributions to intellectual property systems. Here are some notable examples: Prof. Caroline B. Ncube[7] is a legal scholar, professor of intellectual property law and the DST/NRF SARChI Research Chair in Intellectual Property, Innovation and Development in the Department of Commercial Law at the University of Cape Town (UCT). She served as Head of the Department of Commercial Law from 2014 – 2016 and as Deputy Dean, Postgraduate Studies in 2017 and Jan – June 2019 and 2022. She is a member of the African Policy, Research & Advisory Group on STI, member of the Advisory Board of the African Network of International Economic Law (AfIELN) and of the Academy of Science of South Africa (ASSAf). She also serve on the AU Scientific Technical Research Commission ASRIC Taskforce on IP Protection in Joint Research and Collaboration During Outbreaks. And also a member of the African Continental Free Trade Area (AfCFTA) trade and industrial development advisory council[8]. Prof. Ncube has published extensively on various aspects of IP law and has also been involved in IP policy development at regional and international levels and has served in various leadership roles in academic institutions and professional organizations, including the African Union, World Intellectual Property Organisation (WIPO), Economic Commission for Africa (ECA), the AfCFTA Secretariat and the Southern African Development Community (SADC).
Prof. Adejoke Oyewunmi[9] is an intellectual property and labour law professor at the Department of Commercial and Industrial Law, Faculty of Law, University of Lagos, Nigeria. She holds a PhD from Obafemi Awolowo University in Nigeria and a Master of Laws degree in IP from the Franklin Pierce Law Center, University of New Hampshire, US. In the course of her career, Oyewunmi has taught and carried out research in diverse areas of IP law, including: digital technology and Nigerian copyright law; the WTO TRIPS Agreement and access to medicines in African countries; comparative approaches to the protection of traditional knowledge (TK) in developing countries; and the intersection of human rights and the IP regime in Nigeria. Prof. Oyewunmi has served as Visiting Researcher at the University of New Hampshire Law Center (2007), and a Visiting Scholar at Max Planck Institute for Intellectual Property, Competition and Tax Law, Munich (2009). She is a member of the Nigerian Bar Association and the International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP). She collaborates with the Nigerian Institute for Advanced Legal Studies (NIALS) and has published numerous articles and books on IP law, and has served in various academic and research institutions in Africa and globally.
Prof. Margo Bagley[10] is a professor of intellectual property law at Emory University School of Law in the United States. Prof. Bagley is a well-known and widely cited scholar on a variety of international intellectual property topics and is one of the foremost experts on international patent law issues. She also co-developed the award-winning TI:GER® program (Technological Innovation Generating Economic Results), an innovative educational venture which brings together graduate students in law, business, science, and engineering to work on start-up projects and learn the process of transforming promising research into economically viable projects. Prof. Bagley is a Georgia Bar member and licensed to practice before the US Patent and Trademark Office and a faculty lecturer with the Munich Intellectual Property Law Center at the Max Planck Institute in Germany and also has taught International Patent Law and related courses in China, Cuba, Israel, and Singapore. Prof. Bagley served on the National Academies Committee on Advancing Commercialization from the Federal Laboratories and previously served on the National Academies Committee on University Management of Intellectual Property: Lessons from a Generation of Experience, Research, and Dialogue. She is also an expert technical advisor to the African Union Commission in several World Intellectual Property Organization (WIPO) matters, is the Friend of the Chair in the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, and is a collaborator with the Harvard University Global Access in Action Program. She has published extensively on IP law and significantly contributed to IP research, teaching, policy development, biotechnology, and traditional knowledge.
Dr. Titilayo Adebola[11] is an intellectual property expert and lawyer who has been actively involved in IP research, policy development, and advocacy in Africa. She is the president (2022-2024) of the African International Economic Law Network (AfIELN), a forum for research and exchange of ideas on International Economic Law (IEL)[12]. The Network’s establishment followed the Society of International Economic Law’s goal of promoting and facilitating co-ordination, collaboration, networking and debates on IEL, and the need to institute African leadership and ownership within the global network. Dr Adebola is the Theme Coordinator for Intellectual Property Law and Associate Director of the Centre for Commercial Law at the University of Aberdeen (UoA) School of Law[13]. She is an interdisciplinary scholar in international intellectual property law and international economic law with specialist interests in food, agriculture, environment, technology and health, Dr Adebola has delivered lectures in Africa, Asia, Europe and North America, and she is a Senior Advisor to the United Nations Special Rapporteur on the Right to Food. She is also an editor at Afronomicslaw, which focuses on international economic law and public international law themes as they relate to Africa and the Global South. One of the major goals of Afronomicslaw platform is to amplify the voices and issues that are not often part of the conversation in the scholarship and practice in these areas. Dr. Adebola’s work has been instrumental in advancing IP discourse and policy-making in Africa, particularly in areas such as traditional knowledge, plant variety, AfCFTA IP protocol and Geographical Indications.
In conclusion, on the occasion of the 2023 World IP Day, we honour the countless unheralded African heroines who are significantly contributing to the field of intellectual property. Their efforts hold great value and have far-reaching effects on rural communities, nations, regions, and the African continent at large, as well as beyond. It is of utmost importance to establish an inclusive and supportive environment that acknowledges and safeguards the intellectual property rights of African women. Doing so is vital in promoting their creativity, innovation, and economic progress. It is also imperative to recognize and appreciate the contributions of African women in creativity and innovation, regardless of how small they may seem, while simultaneously taking practical steps to tackle the gender disparities that hinder the overall development of African societies. Therefore, we propose some recommendations and actions that can be taken to support African women in their efforts to continue making remarkable contributions to creativity and innovation in Africa’s IP systems and beyond.
- Documentation and Recognition: It would be important to document and recognize the works of African women in the IP ecosystem. This can be done by capturing their indigenous knowledge, cultural practices, and creative expressions in a way that respects their cultural values and traditions. It should involve creating mechanisms that acknowledge and protect their intellectual property rights, such as traditional knowledge databases, folklore archives, and community-based IP registries. This will ensure that African women’s contributions are properly documented, recognized, and preserved for future generations.
- Capacity Building and Education: Providing capacity building, mentoring and education opportunities to African women in IP systems can enhance their understanding of IP laws, regulations, procedures and the inestimable value. It can also empower them to protect their creative works, assert their rights, and participate in decision-making processes. Capacity-building programs can include training on IP management, legal literacy, business skills, and negotiation techniques. This will enable African women, especially the young ones, to navigate the complexities of IP systems and make informed choices about their creative and innovative prowess.
- Gender-Inclusive IP Policies and Laws: Ensuring that IP policies and laws are gender-inclusive is essential for promoting the participation of African women in IP systems. This includes addressing gender biases, stereotypes, and discriminatory practices that hinder African women’s access to resources, recognition, and benefits. IP policies should also recognize and protect African women’s specific needs and contributions, such as their traditional knowledge, cultural expressions, and community practices. This will create a conducive environment that values and respects African women’s creativity and innovation.
- Representation and Participation: Ensuring that African women have equal representation and participation in IP decision-making processes is crucial for promoting gender equality and inclusivity. This can involve promoting diversity in IP committees, boards, and panels and involving African women as thinkers in policy-making, implementation, and evaluation processes. It also means creating spaces for African women’s voices to be heard, valued, and respected in IP discussions, knowledge economy, negotiations, and debates. This will enable African women to shape IP systems and policies that reflect their interests, needs, and aspirations.
- Economic Empowerment: Promoting economic empowerment for African women in IP systems is vital for enhancing their creativity, innovation, and well-being. This can involve providing access to financial resources, markets, and networks for African women entrepreneurs, innovators, and creators. It can also involve creating business incubators, accelerators, and mentorship programs that specifically target African women. Additionally, promoting fair and equitable economic opportunities, such as licensing, royalties, and revenue sharing, can enable African women to derive economic benefits from their creative and innovative works.
Happy World IP Day 2023!
[1] WIPO World IP Day 2023 Official website https://www.wipo.int/ip-outreach/en/ipday/
[2] Ada Lovelace: The First Computer Programmer, https://www.britannica.com/story/ada-lovelace-the-first-computer-programmer
[3] African women battle for equality, https://www.un.org/africarenewal/magazine/july-2005/african-women-battle-equality
[4] https://sdgs.un.org/panelists/ameenah-gurib-fakim-52452
[5] https://www.weforum.org/people/bethlehem-tilahun-alemu
[6] Chimamanda Ngozi Adichie Comes to Terms with Global Fame https://www.newyorker.com/magazine/2018/06/04/chimamanda-ngozi-adichie-comes-to-terms-with-global-fame
[7] Bio About Prof Caroline Ncube https://carolinebncube.com/
[8] chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://carolinebncube.com/wp-content/uploads/2022/10/Inauguration-of-AfCFTA-Advisory-Council-press-statement.pdf
[9] https://www.floraip.com/2020/07/12/towards-intellectual-property-rights-harmonisation-in-africa/
[10] https://law.emory.edu/faculty/faculty-profiles/bagley-profile.html
[11] https://www.abdn.ac.uk/law/people/profiles/titilayo.adebola#external_memberships
[12] https://afieln.org/about-us
[13] https://www.abdn.ac.uk/law/people/profiles/titilayo.adebola#external_memberships
