A3 Refereed book chapter or chapter in a compilation book
The African Policy Approach to Upcycling
Authors: Acquah, Daniel; Rajam, Neethu; Acquah, Ama Opoku
Editors: Mezei, Péter; Härkönen, Heidi
Publication year: 2026
Book title : The Cambridge Handbook of Intellectual Property and Upcycling
Series title: Cambridge Law Handbooks
First page : 183
Last page: 203
ISBN: 978-1-009-68510-8
eISBN: 978-1-009-68507-8
DOI: https://doi.org/10.1017/9781009685078.015
Publication's open availability at the time of reporting: No Open Access
Publication channel's open availability : No Open Access publication channel
Web address : https://www.cambridge.org/core/books/cambridge-handbook-of-intellectual-property-and-upcycling/african-policy-approach-to-upcycling/8942401FE95B07083A3271140359CFC6
Unless the Intellectual Property Protocol and its Annexes within the African Continental Free Trade Area succeed in establishing a unified framework, the IP landscape across Africa will remain fragmented and siloed. This is demonstrated by the existence of two separate regional IP organizations operating along the Francophone/Anglophone divide – the African Regional Intellectual Property Organization (ARIPO) and the African Intellectual Property Organization (OAPI) – alongside the national laws of ARIPO Member States, and to some extent OAPI, as well as eight subregional economic communities and countries that are not members of either organization. Therefore, the framework for the doctrine of exhaustion in Africa is a patchwork and somewhat disjointed, much like the overall IP landscape. The chapter examines the complex norms governing copyright in Africa and argues that, until the Intellectual Property Protocol (which introduces a regional exhaustion framework) and its Annex on copyright are rectified and properly enforced, upcycling remains a neutral concept within copyright circles. This situation could generate uncertainty for upcycling initiatives or present an opportunity to revalue waste in ways that support the circular economy across Africa.
Keywords:
African intellectual property, African Intellectual Property Organization (OAPI), Circular economy, Copyright exhaustion, upcycling
Funding information in the publication:
This work was supported by the Research Council of Finland project “Technical Assistance as an Enabler of the Constitutionalizing of Intellectual Property Norms in Africa” (TACIP) [Decision No.350302].