A designer’s guide to protecting creativity in Africa’s new market

Kemi had always dreamed big. From her small Lagos studio, she crafted unique collections inspired by the bold prints of her Yoruba heritage and modern African silhouettes.

Her designs caught on quickly, making waves in Nigeria and across Africa. But one day, her joy was tainted: her latest collection had been replicated and sold in boutiques across the continent. With no legal know-how, she felt helpless and wondered, “Can anyone protect my designs?”

This is a reality many African designers face. The demand for African fashion is booming, but without legal protection, creativity can become vulnerable. With the African Continental Free Trade Agreement (AfCFTA) opening doors to an even larger market, understanding and applying intellectual property laws is now essential.

In Africa, this includes not only intellectual property (IP) laws but also emerging frameworks like the Pan-African Intellectual Property Organisation (PAIPO) and local IP bodies across countries.

These organisations can help protect trademarks, copyrights, and design rights, enabling designers to guard their creations and grow their businesses across borders. For example, the African Regional Intellectual Property Organisation (ARIPO) and the Organisation Africaine de la Propriété Intellectuelle (OAPI) provide protections across many African countries, allowing designers to secure rights beyond their home nations.

For any designer, from a streetwear visionary in Accra to a luxury couturier in Johannesburg, the laws of intellectual property are becoming as vital as the choice of fabric.

Copyright laws, like those upheld by PAIPO, protect original designs, while trademarks shield brand names and logos from misuse. These laws and regulatory bodies can be the armour designers need to venture into new markets confidently, even under the open-trade promises of AfCFTA.

Read also: African fashion industry needs more than just talented designers – Asein

Copyright Basics: How to Register Designs and the Extent of Protection Available

Copyright law is key for fashion designers who want to safeguard their original creations. Unlike patents, which protect inventions, copyright protects creative works like textile patterns, sketches, and unique clothing designs.

In Africa, copyright laws vary, but many countries have adopted protections modelled after international standards, such as the Berne Convention, which ensures that a designer’s work is protected in every member country without formal registration. This means Kemi’s sketches, for example, would automatically receive copyright protection in Nigeria and other Berne member countries.

However, for extra security, formal registration is recommended. For instance, in Nigeria, designers can register their work with the Nigerian Copyright Commission (NCC). This creates an official record, making it easier to prove ownership if disputes arise.

Similarly, in South Africa, the Companies and Intellectual Property Commission (CIPC) offers copyright registration, providing legal support for designers whose works are copied without permission.

Trademark Protection: Why Branding Matters and How to Trademark Your Name and Logo

While copyright protects designs, trademarks protect your brand. A trademark is any name, logo, slogan, or symbol that distinguishes a designer’s products from others. Branding is crucial in fashion, where reputation and recognition drive demand. For Kemi, trademarking her label name and logo would allow her to claim exclusive rights and prevent others from using a similar name or mark.

To register a trademark, designers can go through their country’s intellectual property office. In Nigeria, the Ministry of Industry, Trade, and Investment handles trademark registration, where the process involves submitting an application with a sample of the brand’s mark, the product class it falls into (like clothing or accessories), and a fee.

In South Africa, CIPC allows designers to protect their brand’s unique identity through trademark registration, with protections valid for ten years and renewable thereafter.

Cross-Border IP: Leveraging ARIPO and OAPI for Broader, Multi-Country Protection

For designers aiming to sell across African markets, dealing with separate IP registrations in each country can be complex and costly. Fortunately, the African Regional Intellectual Property Organisation (ARIPO) and the Organisation Africaine de la Propriété Intellectuelle (OAPI) simplify this process.

ARIPO, which covers English-speaking African countries like Kenya, Ghana, and Zimbabwe, allows designers to file a single application for IP protection across member states. If Kemi wanted her brand to have regional coverage, she could file her trademark once with ARIPO and receive protection in multiple countries, saving time and resources.

Similarly, OAPI provides IP registration for French-speaking African countries, including Cameroon, Senegal, and Ivory Coast. By registering a copyright or trademark with OAPI, a designer can receive automatic protection across its 17 member states, opening doors for cross-border expansion without the hassle of individual registrations.

AfCFTA’s Role: How This Trade Agreement is Shaping a More Secure Landscape for African Designers

The African Continental Free Trade Agreement (AfCFTA) is changing the game for African businesses, including the fashion sector, by creating a single market for goods and services across Africa.

For designers, this means fewer trade barriers and access to a continent-wide consumer base. But beyond open markets, AfCFTA’s broader goal includes strengthening IP protection standards, so designers and other creatives can safely navigate this expanded market.

Through collaboration with IP organisations like ARIPO and OAPI, AfCFTA is working toward harmonized IP standards that will provide consistent protection across member states. This move is especially relevant for emerging designers hoping to break into markets beyond their home countries.

For Kemi, AfCFTA means she can confidently take her brand into new regions, knowing that there’s a growing framework to protect her rights, whether in Ghana, Senegal, or Kenya. With stronger IP regulations under AfCFTA, African designers can look forward to a future where creativity is rewarded, and originality is respected, making fashion and law not just compatible but mutually reinforcing.

With the right understanding and tools, Africa’s designers can boldly step into this new market, secure in the knowledge that their creations are protected. In the world of African fashion, law isn’t just a safeguard; it’s an ally.