The AfCFTA made simple: how to navigate filing trademarks in Africa

In this Managing IP podcast, Adams & Adams partners Mohamed Jameel Hamid and Alicia van der Walt demystify African Continental Free Trade Area (AfCFTA) agreement and provide a roadmap for protecting trademarks on the continent.

The agreement creates the largest free trade area in the world, covering 1.3 billion people and with a combined GDP of $3.4 trillion. For intellectual property (IP) owners, Jameel notes, increased intra-African trade means greater exposure – making robust, forward-looking trademark strategies more critical than ever.

The Intellectual Property Rights Protocol of the AfCFTA is also highlighted. Adopted in 2023, the protocol’s goal is to harmonise IP frameworks across the continent. Jameel stresses that businesses should prepare for greater alignment and enhanced border measures in the years ahead.

Turning to trademark protection in practice, Alicia presents a concise guide to the African filing landscape. She explains the strengths and limitations of Africa’s two regional IP systems – the African Intellectual Property Organization (OAPI) and the African Regional Intellectual Property Organization (ARIPO) – as well as the variable reliability of the Madrid System. The advice is clear: national filings remain the “golden standard”, particularly in first-to-file jurisdictions and markets where enforcement challenges persist.

As Africa’s trading environment evolves, both speakers say that brand owners who plan early and file smartly will be best placed to unlock the continent’s increasing opportunities while mitigating risk.

For the full discussion, listen to the podcast now.