Intellectual property rights as a tool for bridging gender gap: approaches and prospects under the African Union

Abstract This article investigates the extent to which the current African Union’s initiatives towards women’s empowerment integrate intellectual property rights (IPRs) as a driver for bridging the gender gap. It is premised on the argument that the multiplier effect of IPRs manifests in a variety of achievable societal development objectives, including bridging the gender gap. Noticeably, the African Union (AU) seeks, among others, to facilitate women’s socio-economic development through their involvement in the technological space and gender-enabling e-solutions. Intellectual property (IP) is one of the crucial drivers in socio-economic and technological development by granting exclusive rights to control various forms of its usage. Yet, IP is not immune from gender-based mischiefs, and hence its interdisciplinary functions are increasingly questioned and laid bare, necessitating rethought and repackaging. The chosen analytical orientation is a feminist one guided by the critical race IP theoretical construct. It is contended that the current AU interventions pertaining to women’s empowerment are devoid of proper recognition and placement of IP, hence limiting its effectiveness in encouraging the participation and recognition of women in their creative endeavours. To address this shortcoming, a call is made for a review of all AU’s legal instruments and programmes for women’s empowerment to integrate IPR precepts, setting up IP support structures for women, and adopting a gender-conscious continental IPR agenda under the Agreement on African Continental Free Trade Area IPR Protocol and ongoing World Intellectual Property Organization initiatives by specifically integrating IPR principles in the ongoing plans for closing the gender gap.