A3 Refereed book chapter or chapter in a compilation book

The African Policy Approach to Upcycling




AuthorsAcquah, Daniel; Rajam, Neethu; Acquah, Ama Opoku

EditorsMezei, Péter; Härkönen, Heidi

Publication year2026

Book title The Cambridge Handbook of Intellectual Property and Upcycling

Series titleCambridge Law Handbooks

First page 183

Last page203

ISBN978-1-009-68510-8

eISBN978-1-009-68507-8

DOIhttps://doi.org/10.1017/9781009685078.015

Publication's open availability at the time of reportingNo 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


Abstract

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 propertyAfrican Intellectual Property Organization (OAPI)Circular economyCopyright exhaustionupcycling


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].


Last updated on 31/07/2026 02:14:09 PM