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 African Journal of International Economic Law (AfJIEL) , 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,1 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.
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:
Teachers’ beliefs in their ability to effectively handle the tasks that are related to their prof... more Teachers’ beliefs in their ability to effectively handle the tasks that are related to their professional activity are an issue of concern for pre-service teachers. Many of them have low self-efficacy which can affect their output in future, and this can influence important academic outcomes on learners. The main purpose of this study was to factorially validate teachers’ self-efficacy scale (TSES) using pre-service teachers in public colleges of Education in Enugu State. A sample of 218 year three students in the schools of sciences and social sciences was drawn from a population of 2,127 students of public colleges of Education in Enugu State. Simple random sampling technique was used to draw two schools from the five schools in each of the colleges. Accidental sampling was used to draw the participants. The study adapted the teacher self-efficacy scale developed by Ma, Trevethan and Lu (2019). The instrument was construct validated using factor analysis while the internal consist...
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.
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 international consensus exists regarding the potential of digital technologies and data to help Africa overcome food insecurity and poverty, a persistent gap has been identified in the ability of Africa’s female farmers to utilize digital technology for agriculture, raising questions about the suitability of current intellectual property (IP) and data regulations to meet their needs. Though previous analysis has been made on the influence of international IP and data protection on gender, the legal and policy framework necessary for enhancing the use of digital technology by female smallholder farmers in Africa 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 ...
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? The first part of the white paper presents the texts of international law applicable, directly or indirectly, to the agricultural and food sectors. It provides a fairly complete idea of the law as it exists today, whose abundance has failed to prevent food crises, chronic food insecurity, or the deleterious effects of agricultural and food systems on the environment and climate. The second part presents in a synthetic way the main challenges that, according to a selection of prospective studies, the world will have to face between now and 2050. Three scenarios developed by the FAO then provide an illustration of what the world could look like according to whether or not public policies will be adopted to respond to these challenges and whether the actors of the agricultural and food systems will modify their practices or not. The third part asks questions which are, in a way, the result of a comparison of the first two parts. This is to fuel the future reflection on the international law that we will need by 2050 if we want to prevent the most apocalyptic scenarios from happening.
Since the World Trade Organization’s (WTO) Agreement on Trade Related Aspects of Intellectual Pro... more Since the World Trade Organization’s (WTO) Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)1 made the protection of plant varieties and connected genetic resources mandatory in international intellectual property (IP) law, the question of how IP protection might impact food security has continued to be discussed. For West Africa, a region currently experiencing high population growth, that has the highest levels of food insecurity in Africa, resolving the issue of how to harness IP regulations to advance food security is very important. The extension of IP protection in the provisions of various regional and continental IP, trade and other agreements related to West Africa in recent years, has made it even more urgent for West Africa to identify how IP rules can best advance food security in the regional context. This study examines the effect of IP regulations on food security in West Africa. Examination of agreements is conducted at the multilateral, continental and regional levels, as these are likely to influence the development of IP norms affecting food security in the region. Interdisciplinary examination is carried out and legal theories examined to determine the legal theories and principles most capable of supporting food security in West Africa. Based on findings, the book goes on to design a model framework for IP regulation more suitable for advancing food security in the region.
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 African Journal of International Economic Law (AfJIEL) , 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,1 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.
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:
Teachers’ beliefs in their ability to effectively handle the tasks that are related to their prof... more Teachers’ beliefs in their ability to effectively handle the tasks that are related to their professional activity are an issue of concern for pre-service teachers. Many of them have low self-efficacy which can affect their output in future, and this can influence important academic outcomes on learners. The main purpose of this study was to factorially validate teachers’ self-efficacy scale (TSES) using pre-service teachers in public colleges of Education in Enugu State. A sample of 218 year three students in the schools of sciences and social sciences was drawn from a population of 2,127 students of public colleges of Education in Enugu State. Simple random sampling technique was used to draw two schools from the five schools in each of the colleges. Accidental sampling was used to draw the participants. The study adapted the teacher self-efficacy scale developed by Ma, Trevethan and Lu (2019). The instrument was construct validated using factor analysis while the internal consist...
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.
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 international consensus exists regarding the potential of digital technologies and data to help Africa overcome food insecurity and poverty, a persistent gap has been identified in the ability of Africa’s female farmers to utilize digital technology for agriculture, raising questions about the suitability of current intellectual property (IP) and data regulations to meet their needs. Though previous analysis has been made on the influence of international IP and data protection on gender, the legal and policy framework necessary for enhancing the use of digital technology by female smallholder farmers in Africa 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 ...
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? The first part of the white paper presents the texts of international law applicable, directly or indirectly, to the agricultural and food sectors. It provides a fairly complete idea of the law as it exists today, whose abundance has failed to prevent food crises, chronic food insecurity, or the deleterious effects of agricultural and food systems on the environment and climate. The second part presents in a synthetic way the main challenges that, according to a selection of prospective studies, the world will have to face between now and 2050. Three scenarios developed by the FAO then provide an illustration of what the world could look like according to whether or not public policies will be adopted to respond to these challenges and whether the actors of the agricultural and food systems will modify their practices or not. The third part asks questions which are, in a way, the result of a comparison of the first two parts. This is to fuel the future reflection on the international law that we will need by 2050 if we want to prevent the most apocalyptic scenarios from happening.
Since the World Trade Organization’s (WTO) Agreement on Trade Related Aspects of Intellectual Pro... more Since the World Trade Organization’s (WTO) Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)1 made the protection of plant varieties and connected genetic resources mandatory in international intellectual property (IP) law, the question of how IP protection might impact food security has continued to be discussed. For West Africa, a region currently experiencing high population growth, that has the highest levels of food insecurity in Africa, resolving the issue of how to harness IP regulations to advance food security is very important. The extension of IP protection in the provisions of various regional and continental IP, trade and other agreements related to West Africa in recent years, has made it even more urgent for West Africa to identify how IP rules can best advance food security in the regional context. This study examines the effect of IP regulations on food security in West Africa. Examination of agreements is conducted at the multilateral, continental and regional levels, as these are likely to influence the development of IP norms affecting food security in the region. Interdisciplinary examination is carried out and legal theories examined to determine the legal theories and principles most capable of supporting food security in West Africa. Based on findings, the book goes on to design a model framework for IP regulation more suitable for advancing food security in the region.
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Papers by Felicia Ugwu
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,1 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.
Drafts by Felicia 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?
The first part of the white paper presents the texts of international
law applicable, directly or indirectly, to the agricultural
and food sectors. It provides a fairly complete idea of the law
as it exists today, whose abundance has failed to prevent food
crises, chronic food insecurity, or the deleterious effects of
agricultural and food systems on the environment and climate.
The second part presents in a synthetic way the main challenges
that, according to a selection of prospective studies, the
world will have to face between now and 2050. Three scenarios
developed by the FAO then provide an illustration of what the
world could look like according to whether or not public policies
will be adopted to respond to these challenges and whether
the actors of the agricultural and food systems will modify their
practices or not.
The third part asks questions which are, in a way, the result of
a comparison of the first two parts. This is to fuel the future
reflection on the international law that we will need by 2050 if
we want to prevent the most apocalyptic scenarios from happening.
Books by Felicia Ugwu
has the highest levels of food insecurity in Africa, resolving the issue of how to harness IP regulations to advance food security is very important. The extension of IP protection in the provisions of various regional and continental IP, trade and other agreements related to West Africa in recent years, has made it even more urgent for West Africa to identify how IP rules can best advance food security in the regional context.
This study examines the effect of IP regulations on food security in West Africa. Examination of agreements is conducted at the multilateral, continental and regional levels, as these are likely to influence the development of IP norms affecting food security in the region. Interdisciplinary examination is carried out and legal theories examined to
determine the legal theories and principles most capable of supporting food security in West Africa.
Based on findings, the book goes on to design a model framework for IP
regulation more suitable for advancing food security in the region.
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,1 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?
The first part of the white paper presents the texts of international
law applicable, directly or indirectly, to the agricultural
and food sectors. It provides a fairly complete idea of the law
as it exists today, whose abundance has failed to prevent food
crises, chronic food insecurity, or the deleterious effects of
agricultural and food systems on the environment and climate.
The second part presents in a synthetic way the main challenges
that, according to a selection of prospective studies, the
world will have to face between now and 2050. Three scenarios
developed by the FAO then provide an illustration of what the
world could look like according to whether or not public policies
will be adopted to respond to these challenges and whether
the actors of the agricultural and food systems will modify their
practices or not.
The third part asks questions which are, in a way, the result of
a comparison of the first two parts. This is to fuel the future
reflection on the international law that we will need by 2050 if
we want to prevent the most apocalyptic scenarios from happening.
has the highest levels of food insecurity in Africa, resolving the issue of how to harness IP regulations to advance food security is very important. The extension of IP protection in the provisions of various regional and continental IP, trade and other agreements related to West Africa in recent years, has made it even more urgent for West Africa to identify how IP rules can best advance food security in the regional context.
This study examines the effect of IP regulations on food security in West Africa. Examination of agreements is conducted at the multilateral, continental and regional levels, as these are likely to influence the development of IP norms affecting food security in the region. Interdisciplinary examination is carried out and legal theories examined to
determine the legal theories and principles most capable of supporting food security in West Africa.
Based on findings, the book goes on to design a model framework for IP
regulation more suitable for advancing food security in the region.