Towards a Conceptual Case for Harmonisation of Intellectual Property Laws Within the East African Community

Abstract

This article attempts to build a conceptual justification forharmonisation of intellectual property laws within the EastAfrican Community (EAC). In this regard, the articleestablishes the conceptual link between IP and regionalintegration to provide a general context regarding the placeof IP in regional economic integration. To establish andexpound on the linkages, several claims and arguments aremade in the article. First, that there exists a critical role forthe law in establishing and developing regional economicintegration. Second, that since IP rights are principallyconstructs of the law, it follows that such rights and theirprinciples are equally vital for regional economic integration.Third, and as a consequence of the foregoing generallinkages, IP rights are indeed relevant for the attainment ofthe four freedoms of the EAC Common Market, namely, thefree movement of capital, labour, goods and services.Fourth, considering their character as notions of law, legaland institutional differences in IP rights frameworks are infact legal barriers to the realisation of the EAC CommonMarket objectives. This creates the need for harmonisationof such laws.Key Words: Harmonisation, Intellectual Property, Regional EconomicIntegration, East African Community.