Safeguarding Innovation—AI and Intellectual Property in Africa’s Digital Age

The future belongs to those who protect what they create.

Innovation without protection is like a tree without roots – it may flourish for a moment but cannot withstand the storms of competition.

Africa is on the cusp of a digital revolution. With over 650 million internet users and a projected $180 billion contribution to the continent’s economy by 2025, the digital economy is no longer a distant dream, it is today’s reality.

Artificial intelligence (AI) is at the heart of this transformation, driving innovation in sectors like healthcare, agriculture, finance, and creative industries. But amid this rapid progress, a silent crisis looms: Intellectual Property (IP) theft, weak legal protections, and regulatory uncertainty threaten to undermine Africa’s innovation ecosystem. The question for boards is no longer whether they should care about AI and IP but how aggressively they must act to safeguard the competitive advantage of the businesses they oversee.

In Africa’s boardrooms, AI is being discussed with enthusiasm, yet its governance remains an afterthought. The reality is stark, without a deliberate strategy for IP protection, companies risk losing control of their most valuable assets: data, proprietary algorithms, and AI-driven innovations. AI-generated content, predictive models, and machine learning applications do not fit neatly into traditional IP laws, leaving innovators vulnerable to exploitation. Who owns an AI-created invention? How can African businesses prevent their AI-driven breakthroughs from being copied by competitors in regions with stronger IP enforcement? These are existential questions for businesses navigating the digital economy, and boards must take the lead in answering them.

Globally, legal battles over AI-generated intellectual property have already begun. In the United States, a federal court ruled that AI cannot be recognised as an inventor under patent law, a decision that sends shockwaves across AI-driven enterprises. In the European Union, regulators are scrambling to redefine copyright rules in response to AI-generated music, art, and literature. Africa cannot afford to wait. The absence of a clear framework leaves businesses at risk of IP theft, not just locally but on the global stage. For instance, South African AI-driven fintech firms face challenges in securing patents, while Kenya’s creative industry is witnessing a surge in AI-generated content with little legal protection. These challenges are compounded by weak enforcement mechanisms, fragmented IP laws across African nations, and the high cost of obtaining and defending IP rights.

For Boards of directors, the path forward demands a shift from passive oversight to active governance. Protecting AI-driven innovations must become a strategic priority, woven into corporate risk management, legal frameworks, and growth strategies. This begins with understanding the assets at stake. AI is not just a technology, it is an intellectual property goldmine. Proprietary algorithms, training datasets, and machine learning models must be treated with the same rigor as physical infrastructure and financial capital. Boards must ask: Do we have an AI IP strategy? Are our AI-driven solutions protected under existing patent, copyright, or trade secret laws? Have we assessed the risks of IP leakage through partnerships, cloud computing, and cross-border collaborations?

AI governance is not just about risk mitigation, it is about competitive positioning. Investors are increasingly scrutinising how companies manage AI risks, including IP security. Companies with strong IP protections attract higher valuations, secure better partnerships, and maintain leverage in global markets. The Board’s role, therefore, is not just to protect but to position the company for long-term success. Developing an AI and IP protection strategy should be as fundamental as financial oversight. Conducting regular IP audits, ensuring compliance with evolving data protection laws, and integrating AI-related IP clauses into contracts and licensing agreements are no longer optional – they are essential.

Regulatory bodies across Africa are beginning to wake up to the challenge, but change is slow. The African Continental Free Trade Area (AfCFTA) presents an opportunity for harmonising digital trade and IP policies, yet its full implementation remains distant. This makes it even more imperative for Boards to take matters into their own hands, advocating for stronger protections while implementing robust internal policies. Lessons can be drawn from global leaders – OpenAI has structured its governance to address AI and IP risks, while tech giants like Google and Microsoft have embedded IP security into their AI-driven business models. African companies cannot afford to lag behind.

Boards must also recognise that AI innovation is only as strong as the legal expertise protecting it. Companies should be investing in AI legal counsel, ensuring that legal teams are equipped to handle emerging IP challenges. This may require appointing AI governance officers or forming dedicated Board committees focused on digital and IP strategy. Inaction is not an option. The businesses that survive and thrive in Africa’s digital age will be those that secure their ideas, defend their inventions, and proactively navigate the legal complexities of AI.

Africa’s AI revolution is here. The question is: Will African businesses own their future, or will they watch their innovations be claimed by others? The responsibility lies squarely on the shoulders of Boards. Now is the time to act – not when the lawsuits start, not when competitors have already seized the advantage, but now.