The importance of African agricultural IP systems

Do systems of geographical indications and plant variety protection preserve valuable products and create economic value? Dr Charlene Musiza’s research as an intellectual property (IP) lawyer, researcher and consultant interrogates such a proposition.

“My research explores the relationship between IP law and socio-economic development. I am particularly interested in how IP can support development in Africa, but also in the ways in which it can create barriers to participation and access,” said Dr Musiza, who is currently a postdoctoral research fellow under the South African Research Chairs Initiative (SARChI) Intellectual Property, Innovation and Development in the Faculty of Law, held by Professor Caroline Ncube.

Geographical indications protect unique products that are linked to a specific territory and tradition, for example Rooibos. Plant variety protection is for new plant varieties developed by breeders.

Furthermore, her research questions whether these two systems “are sufficiently responsive to the diversity of agricultural production in Africa, particularly the contribution of rural and smallholder farmers". "I look at the design of these systems to answer questions about whose knowledge is recognised, whose innovation is rewarded and who gets to participate and benefit in these systems.”

Musiza - a recent winner of best presentation at the UCT Postdoc Research Showcase - started off as a lawyer practicing commercial law. “During that time, I learnt about IP and became curious about this area of the law because it cuts across so many areas: innovation, creativity, economics, culture and development. There were also ongoing international debates about IP and development, particularly how it could respond to the needs of developing countries.”

“African agricultural traditions have always evolved.”

“I began to think about the valuable resources that we have on the continent and how the global IP system treated them on the periphery, for instance traditional knowledge. However, that same traditional knowledge had been used to generate profits outside those local communities with no benefit coming to them. I started to think about ownership and the distribution of value. That led me to where I am now.”

Does she believe legal protection can help preserve the continent’s agricultural identity? “I believe it can, if it is properly designed for African contexts. IP can give legal recognition to products, practices and knowledge that are deeply connected to particular communities and places. But legal protection should not freeze culture in time. African agricultural traditions have always evolved. Farmers adapt crops, production methods and knowledge to the changing environmental and social conditions. Protection should therefore preserve the identity and collective value of these products without preventing communities from continuing to innovate and adapt.”

“Women contribute significantly to agriculture, traditional knowledge, creative industries, entrepreneurship and research, yet their contributions are not always recognised.”

“The prevailing systems place an emphasis on formal innovation. Plant breeding, for example, is aimed at developing seeds that ensure better quality yields, be it drought or pest resilient or higher yielding varieties. That system has its place in supporting food security. But that is not the complete story,” she explained.

“Agricultural innovation also happens in farmers’ fields as farmers select, preserve and adapt seeds, often in response to local environmental conditions. These practices contribute to agricultural biodiversity and are particularly important when communities are dealing with pests, diseases and the changing climate. If our IP system recognises only one form of innovation, we risk overlooking a vital source of food security and resilience.”

Knowledge, economic value

As universities sit at the intersection of knowledge, research, innovation and society, what role do they take on in amplifying messaging for traditional knowledge systems to thrive? The answer, according to Musiza, is simple. “Creating platforms where researchers and communities work together to document, preserve and develop traditional knowledge while respecting community ownership and consent. That would also include educating researchers and students about the importance of ethical engagement with communities and the IP implications of using traditional knowledge. There is also space for universities to shape policy discussions.”

It being Women’s Month, Musiza had this message to share: “I would say that empowering women economically must also mean recognising and protecting the value of what women create and innovate. Women contribute significantly to agriculture, traditional knowledge, creative industries, entrepreneurship and research, yet their contributions are not always recognised.”

“When women are able to secure and exercise IP rights over their innovations, brands, creative works, designs and knowledge, IP can become a pathway to economic opportunity. We must ensure that IP systems are inclusive enough to recognise women not only as beneficiaries of development, but as creators, innovators, entrepreneurs and owners of knowledge and economic value.”