Navigating the legal labyrinth of international technology transfer in sub-Saharan Africa: a model cohesive legal framework for the region

Navigating the legal labyrinth of international technology transfer in sub-Saharan Africa: a model cohesive legal framework for the region

Journal article

1 online resource (pp. 51–76)

2045-9807 (Print)
2045-9815 (Online)

The legal framework governing international technology transfer plays a crucial role in supporting initiatives aimed at achieving sustainable development in least developed and developing countries. This article critically examines the complex legal environment that impedes international technology transfer in sub-Saharan Africa. It focuses on the existing legal structures related to international technology transfer in the region, such as intellectual property regimes, investment laws and competition legislation, while identifying critical gaps and challenges. The analysis reveals several significant obstacles such as the absence of specific legislation governing technology transfer, weak enforcement of intellectual property rights, underutilized utility model framework, fragmented investment legal landscape and inadequately enforced competition laws. Collectively, these deficiencies hinder the acquisition and dissemination of foreign technologies and stifle local innovation, thereby creating an uncertain environment for foreign investors. In response to these challenges, this paper proposes a cohesive legal framework aimed at fostering international technology transfer to sub-Saharan Africa. This framework advocates for the integration and harmonization of various legal regimes, including the enactment of tailored technology transfer laws and the strengthening of intellectual property protections, supported by robust enforcement mechanisms. Further, it underscores the importance of leveraging the protocols established under the African Continental Free Trade Area (AfCFTA) concerning Intellectual Property Rights, Investment and Competition Policy. This paper offers valuable insights into the legal barriers impeding international technology transfer and offers actionable recommendations to enhance the legal environment for international technology transfer across sub-Saharan Africa.

Queen Mary Journal of Intellectual Property ; Volume 16, Issue 1

[Northampton, England] : Edward Elgar Publishing Ltd., 2026.

English

https://www.elgaronline.com/page/Conditions%20of%20use/terms-and-conditions

External Online Journals > Queen Mary Journal of Intellectual Property