This research investigates the central role of technical assistance in the constitutionalization of intellectual property norms in Africa. Constitutionalization refers to a process in which norms get “stapled into” the fabric of laws and policies, and technical assistance is one of the less-scrutinized mechanisms of establishing global one-size-fits-all policies for intellectual property. Intellectual property has become one of the defining assets of the contemporary global political economy and its central place in current debates over Covid-19 essentials such as vaccines attests to its urgent importance. In Africa, the protection of intellectual property has taken centre stage as the driver of economic development despite its potentially negative effects. Using the discourse on new constitutionalism as a starting point, this research seeks to propose a new theory of technical assistance as an enabler of the constitutionalization of intellectual property norms in Africa.

2022

2027