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ARTICLE · 01 OCTOBER 2018

Mediation And Arbitrage In IP: A Response To The Weaknesses Of The African Judicial System

While countries in other continents are struggling to maintain a growth rate close to 0%, African countries continue to grow.

GlobalLitigation, Mediation & Arbitration

While countries in other continents are struggling to maintain a growth rate close to 0%, African countries continue to grow. Africa continues to captivate investment not only from other continents but also from Africa itself.

With the increase of the investment, litigation resulting from the growth of the commercial activity tends to gradually rise, pressuring African countries to be able to respond effectively, efficiently and swiftly.

The transition to a multiparty policy system in the 1990s allowed a significant improvement on the implementation of the rule of law in many African countries. Nevertheless, real challenges regarding the legal system remain.

The legal system is, in most of the countries, slow, partial, dependent from its government members and the court decisions difficult to enforce. These challenges are compounded by the fact that judges are unfamiliar with the particularities of Intellectual Property, limiting the number of judgments.

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