Policy and regulatory issues pertaining to access to information attract debates from various perspectives, including intellectual property rights (IPR), human rights, and the sustainable development agenda, as reflected in the current initiatives under the United Nations Sustainable Development Goals (SDGs). Recently, the use of axiomatic expressions such as ‘information is power’, ‘information age’, and ‘knowledge-based society’ reaffirms the impact of the changing societal interface in various facets of human life. The shifting global landscape of information and knowledge systems, which play a crucial role in shaping socio-economic progression in contemporary societies, merits such nomenclature. Consequently, policy and regulatory attention, among others, targets the informatisation of social life, with continual reference to the global information economy predicated on a conceptual paradigm shift, which values, equates, and treats proprietary information like other corporate assets. As such, the control of and access to such information constitute one of the key agendas at various organisational levels and in supply chain management. In this chapter, the term ‘proprietary technological information’ broadly refers to any innovation, inventions, know-how, trade secret, systems, or specific tool that an organisation or an individual exclusively owns in addition to providing a competitive edge or advantage over others. Invariably, legal instruments dealing with human rights have recognised the right of access to information as one of the fundamental human rights tenets embedded in national constitutions, regional treaties, and international conventions. In Africa, the key legal instruments on access to information, intellectual property rights, and human rights include the African Charter on Human and People’s Rights of 1981, the African Union’s Model Law on Access to Information for Africa of 2013, the Guidelines on Access to Information and Elections in Africa of 2017, the revised Declaration of Principles on Freedom of Expression and Access to Information in Africa of 2019, and the recently adopted African Continental Free Trade Area (AfCFTA) Protocol on Intellectual Property Rights of 2023. Most of these instruments broadly define ‘information’ without necessarily specifying its various strata based on its nature and use context. This chapter, therefore, analyses and discusses the human rights perspectives in ‘proprietary technological information’ whose delimitation extends the discourse to assessing the appropriate regulatory balance of IPR and human rights in accessing proprietary information focusing on regulatory tensions between restrictive private proprietary rights and liberal approaches advocating for public access to such information.

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Regulating Access to Proprietary Technological Information in Africa: Intellectual Property and Human Rights Perspectives

  • Saudin Jacob Mwakaje

摘要

Policy and regulatory issues pertaining to access to information attract debates from various perspectives, including intellectual property rights (IPR), human rights, and the sustainable development agenda, as reflected in the current initiatives under the United Nations Sustainable Development Goals (SDGs). Recently, the use of axiomatic expressions such as ‘information is power’, ‘information age’, and ‘knowledge-based society’ reaffirms the impact of the changing societal interface in various facets of human life. The shifting global landscape of information and knowledge systems, which play a crucial role in shaping socio-economic progression in contemporary societies, merits such nomenclature. Consequently, policy and regulatory attention, among others, targets the informatisation of social life, with continual reference to the global information economy predicated on a conceptual paradigm shift, which values, equates, and treats proprietary information like other corporate assets. As such, the control of and access to such information constitute one of the key agendas at various organisational levels and in supply chain management. In this chapter, the term ‘proprietary technological information’ broadly refers to any innovation, inventions, know-how, trade secret, systems, or specific tool that an organisation or an individual exclusively owns in addition to providing a competitive edge or advantage over others. Invariably, legal instruments dealing with human rights have recognised the right of access to information as one of the fundamental human rights tenets embedded in national constitutions, regional treaties, and international conventions. In Africa, the key legal instruments on access to information, intellectual property rights, and human rights include the African Charter on Human and People’s Rights of 1981, the African Union’s Model Law on Access to Information for Africa of 2013, the Guidelines on Access to Information and Elections in Africa of 2017, the revised Declaration of Principles on Freedom of Expression and Access to Information in Africa of 2019, and the recently adopted African Continental Free Trade Area (AfCFTA) Protocol on Intellectual Property Rights of 2023. Most of these instruments broadly define ‘information’ without necessarily specifying its various strata based on its nature and use context. This chapter, therefore, analyses and discusses the human rights perspectives in ‘proprietary technological information’ whose delimitation extends the discourse to assessing the appropriate regulatory balance of IPR and human rights in accessing proprietary information focusing on regulatory tensions between restrictive private proprietary rights and liberal approaches advocating for public access to such information.