Towards a Conceptual Case for Harmonisation of Intellectual Property Laws Within the East African Community

Abstract

This article attempts to build a conceptual justification for
harmonisation of intellectual property laws within the East
African Community (EAC). In this regard, the article
establishes the conceptual link between IP and regional
integration to provide a general context regarding the place
of IP in regional economic integration. To establish and
expound on the linkages, several claims and arguments are
made in the article. First, that there exists a critical role for
the law in establishing and developing regional economic
integration. Second, that since IP rights are principally
constructs of the law, it follows that such rights and their
principles are equally vital for regional economic integration.
Third, and as a consequence of the foregoing general
linkages, IP rights are indeed relevant for the attainment of
the four freedoms of the EAC Common Market, namely, the
free movement of capital, labour, goods and services.
Fourth, considering their character as notions of law, legal
and institutional differences in IP rights frameworks are in
fact legal barriers to the realisation of the EAC Common
Market objectives. This creates the need for harmonisation
of such laws.

Key Words: Harmonisation, Intellectual Property, Regional Economic
Integration, East African Community.