The war in Ukraine threatens millions of people with the risk of
starvation. What is the third ma... more The war in Ukraine threatens millions of people with the risk of starvation. What is the third major food crisis in 15 years, however, began long before the conflict. Hunger in the world, which had stabilized since 2014, and food insecurity are increasing again and the causes are not to be found on the side of a shortage of food. They lie in poverty and inequality, global warming, hyper-specialization of land, speculation on agricultural raw materials, market dysfunctions. The conflict in Ukraine cannot hide the observation of the structural weakness of the agricultural and food systems. What will the world look like in 2050 if it did not meet the challenges posed by agriculture and food? What international law do we need in order to prevent historical trends (see panorama below) from continuing and even darker scenarios from unfolding? The purpose of this white paper is not to answer these questions directly, but to draw up an inventory of the challenges to be faced in order to help finding some answers.
African Journal of International Economic Law, 2021
Over the past few decades, the nature of agricultural activity has been
transformed by the develo... more Over the past few decades, the nature of agricultural activity has been transformed by the development of digital technology, along with the creation of data protection rights in intellectual property agreements. While the potential of data and digital technologies to help Africa overcome food insecurity and poverty, and the importance of female small-scale farmers (FSF) in improving food security in Africa are generally acknowledged, the legal and policy framework necessary for enhancing the use of digital technology by Africa’s FSF remains relatively unknown. This paper helps to fill in the gap by examining the issues that affect the ability of African women to utilize digital technology for better agricultural productivity and how these are influenced by data protection regulations. The paper highlights the need for an integrated approach to data regulation, that involves providing specific provisions for enhancing gender equality and inclusiveness for females, as key to closing the gender gap to accessing digitalization by female smallholder farmers in Africa. Further, by reviewing examples of best practices and policies of countries that have provisions for inclusivity in current data protection laws, the paper proposes a template for how the ‘inclusivity’ principle can be applied in designing data protection systems laws and policies that are suitable for advancing productivity by female smallholder farmers in Africa. Analysis is made of four issues: I. The Relationship between Data Protection, Precision farming and Female Smallholder Farmers in Africa; II. The Forms of Data Generated by Female Smallholder Farmers in Africa; III. Challenges in Data Protection Rules Inhibiting Utilization of Agricultural Data Technology by Africa’s Female Smallholder Farmers; and IV. Recommendations for Integrating Africa’s FSF’s Needs within Data Protection Regulations.
In this article, I examine whether the contemporary regional intellectual property (IP) agreement... more In this article, I examine whether the contemporary regional intellectual property (IP) agreements negotiated by West African countries are more suitable than multilateral agreements to advance food security in the region, based on the provisions they make for applying the differentiation principle. In this paper, the term “West Africa” is used to designate the 15 countries that are members of the Economic Community of West African States (ECOWAS), the major regional organization in the area (The founding members of ECOWAS were: Benin, Côte d'Ivoire, Gambia, Ghana, Guinea, Guinea‐Bissau, Liberia, Mali, Mauritania [left 2002], Niger, Nigeria, Senegal, Sierra Leone, Togo, and Burkina Faso [which joined as Upper Volta]. Cape Verde joined in 1977). By reviewing relevant literature and theories, I propose that the human right to development as a differentiating paradigm may be applied in IP regulation, without compromising the requirement of nondiscrimination in IP regimes. I argue t...
This article examines whether the current exceptions to copyright granted in contemporary intelle... more This article examines whether the current exceptions to copyright granted in contemporary intellectual property agreements give effect to the user rights to learn. It looks into the nature of the user rights to learn and how it is affected by copyright, technological protection measures, and digital rights management. Critical analysis is made of the effectiveness of exceptions to copyrights in international law, for advancing the users’ right to learn in the digital age. The article proposes the right to learn as an independent user right and examines how it can be incorporated in the copyright regulations by maximizing the differentiation principle, so as to advance the overall development in society.
This thesis analyzes the provisions of multilateral, continental and regional intellectual proper... more This thesis analyzes the provisions of multilateral, continental and regional intellectual property (IP) and trade agreements to explore whether these provisions advance, or compromise, food security in West Africa. The agreements have been examined for how their provisions integrate IP and food security norms and policies, both within and between different multilateral treaties; and the extent to which the IP frameworks are adaptable to the regional conditions that determine food security in the West African context. In the thesis, food security is viewed as part of the public interest objectives of IP treaties, the human right to food, and the socioeconomic rights of international laws, which are relevant in interpreting IP agreements. The method adopted is to examine interfaces among different IP treaties and linkages between regional IP regulation and other rule-based systems, using the principles and tools that international law provides for analyzing relationships between treaties and norms. Critical analysis is made of a regional agreement signed between the Economic Community of West African States (ECOWAS) and the European Union (EU), the 2014 EU-ECOWAS Economic Partnership Agreement (EPA), to assess what implications the agreement may have for food security in West Africa. Interdisciplinary research is carried out to identify the characteristics needed to advance food security in the region of West Africa. To meet these requirements, philosophical and doctrinal analysis of IP laws and legal theories is conducted to identify which legal principles are best suited for advancing food security in the region. Based on the findings, the thesis draws up a model framework for IP protection that is more suitable for enhancing food security in West Africa.
The Journal of World Intellectual Property (JWIP), p.1-34, 2021
In this article, I examine whether the contemporary regional intellectual property (IP) agreement... more In this article, I examine whether the contemporary regional intellectual property (IP) agreements negotiated by West African countries are more suitable than multilateral agreements to advance food security in the region, based on the provisions they make for applying the differentiation principle. In this paper, the term "West Africa" is used to designate the 15 countries that are members of the Economic Community of West African States (ECOWAS), the major regional organization in the area (The founding members of ECOWAS were:
The war in Ukraine threatens millions of people with the risk of
starvation. What is the third ma... more The war in Ukraine threatens millions of people with the risk of starvation. What is the third major food crisis in 15 years, however, began long before the conflict. Hunger in the world, which had stabilized since 2014, and food insecurity are increasing again and the causes are not to be found on the side of a shortage of food. They lie in poverty and inequality, global warming, hyper-specialization of land, speculation on agricultural raw materials, market dysfunctions. The conflict in Ukraine cannot hide the observation of the structural weakness of the agricultural and food systems. What will the world look like in 2050 if it did not meet the challenges posed by agriculture and food? What international law do we need in order to prevent historical trends (see panorama below) from continuing and even darker scenarios from unfolding? The purpose of this white paper is not to answer these questions directly, but to draw up an inventory of the challenges to be faced in order to help finding some answers.
African Journal of International Economic Law, 2021
Over the past few decades, the nature of agricultural activity has been
transformed by the develo... more Over the past few decades, the nature of agricultural activity has been transformed by the development of digital technology, along with the creation of data protection rights in intellectual property agreements. While the potential of data and digital technologies to help Africa overcome food insecurity and poverty, and the importance of female small-scale farmers (FSF) in improving food security in Africa are generally acknowledged, the legal and policy framework necessary for enhancing the use of digital technology by Africa’s FSF remains relatively unknown. This paper helps to fill in the gap by examining the issues that affect the ability of African women to utilize digital technology for better agricultural productivity and how these are influenced by data protection regulations. The paper highlights the need for an integrated approach to data regulation, that involves providing specific provisions for enhancing gender equality and inclusiveness for females, as key to closing the gender gap to accessing digitalization by female smallholder farmers in Africa. Further, by reviewing examples of best practices and policies of countries that have provisions for inclusivity in current data protection laws, the paper proposes a template for how the ‘inclusivity’ principle can be applied in designing data protection systems laws and policies that are suitable for advancing productivity by female smallholder farmers in Africa. Analysis is made of four issues: I. The Relationship between Data Protection, Precision farming and Female Smallholder Farmers in Africa; II. The Forms of Data Generated by Female Smallholder Farmers in Africa; III. Challenges in Data Protection Rules Inhibiting Utilization of Agricultural Data Technology by Africa’s Female Smallholder Farmers; and IV. Recommendations for Integrating Africa’s FSF’s Needs within Data Protection Regulations.
In this article, I examine whether the contemporary regional intellectual property (IP) agreement... more In this article, I examine whether the contemporary regional intellectual property (IP) agreements negotiated by West African countries are more suitable than multilateral agreements to advance food security in the region, based on the provisions they make for applying the differentiation principle. In this paper, the term “West Africa” is used to designate the 15 countries that are members of the Economic Community of West African States (ECOWAS), the major regional organization in the area (The founding members of ECOWAS were: Benin, Côte d'Ivoire, Gambia, Ghana, Guinea, Guinea‐Bissau, Liberia, Mali, Mauritania [left 2002], Niger, Nigeria, Senegal, Sierra Leone, Togo, and Burkina Faso [which joined as Upper Volta]. Cape Verde joined in 1977). By reviewing relevant literature and theories, I propose that the human right to development as a differentiating paradigm may be applied in IP regulation, without compromising the requirement of nondiscrimination in IP regimes. I argue t...
This article examines whether the current exceptions to copyright granted in contemporary intelle... more This article examines whether the current exceptions to copyright granted in contemporary intellectual property agreements give effect to the user rights to learn. It looks into the nature of the user rights to learn and how it is affected by copyright, technological protection measures, and digital rights management. Critical analysis is made of the effectiveness of exceptions to copyrights in international law, for advancing the users’ right to learn in the digital age. The article proposes the right to learn as an independent user right and examines how it can be incorporated in the copyright regulations by maximizing the differentiation principle, so as to advance the overall development in society.
This thesis analyzes the provisions of multilateral, continental and regional intellectual proper... more This thesis analyzes the provisions of multilateral, continental and regional intellectual property (IP) and trade agreements to explore whether these provisions advance, or compromise, food security in West Africa. The agreements have been examined for how their provisions integrate IP and food security norms and policies, both within and between different multilateral treaties; and the extent to which the IP frameworks are adaptable to the regional conditions that determine food security in the West African context. In the thesis, food security is viewed as part of the public interest objectives of IP treaties, the human right to food, and the socioeconomic rights of international laws, which are relevant in interpreting IP agreements. The method adopted is to examine interfaces among different IP treaties and linkages between regional IP regulation and other rule-based systems, using the principles and tools that international law provides for analyzing relationships between treaties and norms. Critical analysis is made of a regional agreement signed between the Economic Community of West African States (ECOWAS) and the European Union (EU), the 2014 EU-ECOWAS Economic Partnership Agreement (EPA), to assess what implications the agreement may have for food security in West Africa. Interdisciplinary research is carried out to identify the characteristics needed to advance food security in the region of West Africa. To meet these requirements, philosophical and doctrinal analysis of IP laws and legal theories is conducted to identify which legal principles are best suited for advancing food security in the region. Based on the findings, the thesis draws up a model framework for IP protection that is more suitable for enhancing food security in West Africa.
The Journal of World Intellectual Property (JWIP), p.1-34, 2021
In this article, I examine whether the contemporary regional intellectual property (IP) agreement... more In this article, I examine whether the contemporary regional intellectual property (IP) agreements negotiated by West African countries are more suitable than multilateral agreements to advance food security in the region, based on the provisions they make for applying the differentiation principle. In this paper, the term "West Africa" is used to designate the 15 countries that are members of the Economic Community of West African States (ECOWAS), the major regional organization in the area (The founding members of ECOWAS were:
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Papers by Uchenna Ugwu
starvation. What is the third major food crisis in 15 years, however,
began long before the conflict. Hunger in the world, which
had stabilized since 2014, and food insecurity are increasing
again and the causes are not to be found on the side of a shortage
of food. They lie in poverty and inequality, global warming,
hyper-specialization of land, speculation on agricultural raw
materials, market dysfunctions. The conflict in Ukraine cannot
hide the observation of the structural weakness of the agricultural
and food systems. What will the world look like in 2050 if
it did not meet the challenges posed by agriculture and food?
What international law do we need in order to prevent historical
trends (see panorama below) from continuing and even
darker scenarios from unfolding? The purpose of this white
paper is not to answer these questions directly, but to draw up
an inventory of the challenges to be faced in order to help finding
some answers.
transformed by the development of digital technology, along with the creation of data protection rights in intellectual property agreements. While the potential of data and digital technologies to help Africa overcome food insecurity and poverty, and the importance of female small-scale farmers (FSF) in improving food security in Africa are generally acknowledged, the legal and policy framework necessary for enhancing the use of digital technology by Africa’s FSF remains relatively unknown. This paper helps to fill in the gap by examining the issues that affect the ability of African women to utilize digital technology for better agricultural productivity and how these are influenced by data protection regulations.
The paper highlights the need for an integrated approach to data regulation, that involves providing specific provisions for enhancing gender equality and inclusiveness for females, as key to closing the gender gap to accessing digitalization by female smallholder farmers in Africa. Further, by reviewing examples of best practices and policies of countries that have provisions for inclusivity in current data protection
laws, the paper proposes a template for how the ‘inclusivity’ principle can be applied in designing data protection systems laws and policies that are suitable for advancing productivity by female smallholder farmers in Africa. Analysis is made of four issues: I. The Relationship between Data Protection, Precision farming and Female Smallholder Farmers in Africa; II. The Forms of Data Generated by Female Smallholder Farmers in Africa; III. Challenges in Data Protection Rules Inhibiting Utilization of Agricultural
Data Technology by Africa’s Female Smallholder Farmers; and IV. Recommendations for Integrating Africa’s FSF’s Needs within Data Protection Regulations.
starvation. What is the third major food crisis in 15 years, however,
began long before the conflict. Hunger in the world, which
had stabilized since 2014, and food insecurity are increasing
again and the causes are not to be found on the side of a shortage
of food. They lie in poverty and inequality, global warming,
hyper-specialization of land, speculation on agricultural raw
materials, market dysfunctions. The conflict in Ukraine cannot
hide the observation of the structural weakness of the agricultural
and food systems. What will the world look like in 2050 if
it did not meet the challenges posed by agriculture and food?
What international law do we need in order to prevent historical
trends (see panorama below) from continuing and even
darker scenarios from unfolding? The purpose of this white
paper is not to answer these questions directly, but to draw up
an inventory of the challenges to be faced in order to help finding
some answers.
transformed by the development of digital technology, along with the creation of data protection rights in intellectual property agreements. While the potential of data and digital technologies to help Africa overcome food insecurity and poverty, and the importance of female small-scale farmers (FSF) in improving food security in Africa are generally acknowledged, the legal and policy framework necessary for enhancing the use of digital technology by Africa’s FSF remains relatively unknown. This paper helps to fill in the gap by examining the issues that affect the ability of African women to utilize digital technology for better agricultural productivity and how these are influenced by data protection regulations.
The paper highlights the need for an integrated approach to data regulation, that involves providing specific provisions for enhancing gender equality and inclusiveness for females, as key to closing the gender gap to accessing digitalization by female smallholder farmers in Africa. Further, by reviewing examples of best practices and policies of countries that have provisions for inclusivity in current data protection
laws, the paper proposes a template for how the ‘inclusivity’ principle can be applied in designing data protection systems laws and policies that are suitable for advancing productivity by female smallholder farmers in Africa. Analysis is made of four issues: I. The Relationship between Data Protection, Precision farming and Female Smallholder Farmers in Africa; II. The Forms of Data Generated by Female Smallholder Farmers in Africa; III. Challenges in Data Protection Rules Inhibiting Utilization of Agricultural
Data Technology by Africa’s Female Smallholder Farmers; and IV. Recommendations for Integrating Africa’s FSF’s Needs within Data Protection Regulations.