Centering Intellectual Property in Artificial Intelligence Strategies in Africa Through a Techno-legal Analysis

Abstract

Policy-makers at the regional and national levels in Africa are formulating strategies to develop and take charge of the regional and national artificial intelligence (AI) ecosystems towards achieving the sustainable development objectives set out in their respective development plans. The African Union has a continental AI strategy, while eleven African countries have developed national AI strategies. Given its significance to AI development in Africa, it is important to reflect on how best intellectual property (IP) should be approached in AI strategies in Africa: should policy-makers develop new IP rules for AI, or revise or simply implement existing IP rules within the AI context? Resolving these questions requires a firm understanding of the key AI-and IP-related issues in the African context examined through a techno-legal lens. Adopting a qualitative methodology by way of policy review, this article unpacks the issues by reviewing existing African regional and national AI strategies. It refers to relevant judicial and policy developments in the United States of America, China, Australia and Europe to draw comparative insights on the research question. The article contends that the resolution of the question of whether new IP rules should be developed for AI, and whether existing IP rules should be revised or simply implemented within the AI context depends on the AI-IP issue in focus. Whatever the case, an approach to IP in AI strategies which is human-centered, development-focused, and equitably balances the promotion of AI innovation by enabling access to quality data with the protection of IP rights while also securing just reward for creators, innovators and indigenous communities will position Africa to more effectively leverage AI towards national and regional development.