By James Amoh Junior, GNA
Accra, Aug. 21, GNA – Strong intellectual property (IP) protection and effective enforcement are critical to unlocking the full economic potential of Africa’s rapidly expanding creative industries, the United States Patent and Trademark Office (USPTO) said.
Ms Katherine Hiner, Intellectual Property Attaché for Sub-Saharan Africa at the USPTO, said African countries could create jobs, increase exports and generate higher revenues from music and other creative works if creators were able to effectively protect and monetise their intellectual property.
She said the growing global demand for African music demonstrated the potential of the creative economy, but warned that significant value was being lost through weaknesses in IP administration, public awareness, collection systems and enforcement.
Ms Hiner made the remarks during a digital press briefing organised by the U.S. Department of State’s Africa Regional Media Hub on the “IP for Growth” initiative on Thursday.
The year-long initiative seeks to demonstrate how robust IP protection and enforcement could empower Africa’s creative economy and enable creators and entrepreneurs to capture greater value from their works.
It began with a panel discussion in Geneva on the margins of the World Intellectual Property Organization (WIPO) General Assemblies, followed by workshops in Lagos, Nigeria, and Johannesburg, South Africa, which brought together policymakers, musicians, creators, producers, entertainment lawyers and industry executives.
Ms Hiner said the creative economy was evolving rapidly, with African music enjoying increasing international demand.
“The creative economy is growing and changing rapidly, and there’s an insatiable appetite for African music worldwide,” she said.
Ms Hiner cited latest figures from the International Federation of the Phonographic Industry (IFPI), which showed that Sub-Saharan African music markets had recorded double-digit growth for five consecutive years.
She, however, said sustained growth would require countries to update their IP laws and demonstrate the political will to implement and enforce them.
Governments, she said, must also invest in IP administration by recruiting and training personnel, maintaining dialogue with rights holders and establishing transparent mechanisms for managing and monetising intellectual property.
Ms Hiner identified piracy as a major threat to the creative industry, requiring stronger public education and adequately resourced enforcement agencies.
She cited U.S. experience to illustrate the economic value of IP-intensive industries, saying they contributed US$11.4 trillion to the U.S. Gross Domestic Product (GDP) in 2024, representing 44 per cent of private-sector GDP and supporting 65.8 million jobs.
Copyright-intensive industries, including sound recording, film and video production, software publishing, broadcasting and performing arts, she said, recorded particularly strong earnings, with workers earning an average of 130 per cent more than those in non-IP-intensive industries.
Ms Hiner urged African countries to ratify and implement the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, which provide a legal framework for protecting creators in the digital environment.
She said the treaties supported digital distribution models, including streaming and downloads, by providing protection through technical measures and rights-management information, enabling artists to reach wider markets and monetise their works.
She also highlighted the importance of effective collective management organisations (CMOs), which help creators manage their rights and facilitate licensing where individual licensing is impractical.
“Having a copyright in your work means little if there’s no practical means of enforcing your rights,” she said.
Ms Hiner disclosed that data presented during the Lagos and Johannesburg workshops showed that about US$286 million in recorded music revenue went uncollected annually in Kenya and Nigeria alone.
She identified three priority areas for improvement: transparency and accountability in rights-collection processes, public education on IP rights and obligations, and stronger enforcement against piracy.
On Ghana, Ms Hiner said the USPTO signed an Accelerated Patent Grant Agreement (APG) with the Ghanaian IP Office in July on the margins of the WIPO General Assemblies in Geneva.
She described it as the first such agreement between the USPTO and an African IP office.
Under the arrangement, she said, a U.S. rights holder who had secured a U.S. patent could request that the Ghana IP Office grant the corresponding patent application based on the already-granted U.S. right.
The agreement, she said, would streamline the review process, particularly for offices with limited numbers of examiners, while supporting training and collaboration.
On artificial intelligence (AI), Ms Hiner said copyright protection remained important to safeguarding the works of artists, authors and innovators while supporting technological advancement.
She acknowledged that the intersection of AI and copyright raised complex legal and policy questions across jurisdictions, but said established doctrines, including fair use and fair dealing, could help balance the interests of creators and innovators.
Ms Hiner said the “IP for Growth” initiative would culminate in December with a session at the WIPO Standing Committee on Copyright and Related Rights in Geneva.
She said the initiative would continue to promote dialogue among governments, creators, industry players and other stakeholders on strengthening IP systems across Africa.
The briefing was on the record and journalists from across Africa participated.
GNA
Edited by: Agnes Boye-Doe
Reporter: James Amoh Junior
Reporter’s Email: [email protected]