Advocating for Africa on INTA’s Board of Directors: A Conversation With Obianuju Otudor

Obianuju Otudor (MTN Nigeria Communications PLC, Nigeria)

Obianuju Otudor joined INTA’s Board of Directors in January, starting her three-year term as the Association’s first corporate member representative from Africa to serve on the Board.

Ms. Otudor has worked in the intellectual property (IP) field for more than 14 years, helping businesses to understand the value of IP, navigate risks, and build knowledge. She joined MTN Nigeria in December 2019, where she is now Manger, Commercial Legal, Intellectual Property and Technology Law, Corporate Services Division, at MTN Nigeria Communications PLC, based in Lagos.

MTN Nigeria is an operating company of MTN Group Limited, which is headquartered in South Africa, is Africa’s largest mobile network operator, and the most valuable African brand. Founded in 1994, MTN Group Limited has 288 million subscribers in 17 markets across the Continent.

In her role, Ms. Otudor works to protect IP and technology assets, nurture agreements and relationships from inception through to closure, and advise on how to hedge against IP and technology risk/exposure. She also has significant experience in dealing with IP infringement, anticounterfeiting, and brand protection.

Ms. Otudor brings a unique perspective on the development of IP in Africa to INTA’s Board of Directors at a time when there are many signs of growing investment and interest in the Continent among international brand owners.

According to statistics compiled by the World Intellectual Property Organization (WIPO), trademark applications in Africa (measured by class count) increased from 238,000 in 2014 to 310,000 in 2021—though they were slightly lower in 2022 and 2023. Nigeria received 11,696 applications (total classes) in 2019, the most recent year for which data is available.

A number of African jurisdictions have joined the Madrid Protocol in the past decade: Zimbabwe (2015), Malawi (2018), Cabo Verde (2022), and Mauritius (2023). In 2015, the 17-member Organisation Africaine de la Propriété Intellectuelle (OAPI) became party to the Protocol. Last year, Ethiopia’s Council of Ministers approved the jurisdiction’s accession to the Madrid Protocol and the Paris Convention for the Protection of Industrial Property. South Africa is also understood to be considering joining the Madrid Protocol soon.

There have also been some efforts to update and harmonize national laws, such as the African Continental Free Trade Area (AfCFTA) Protocol on Intellectual Property Rights, which was adopted by the African Union Assembly during its 36th Ordinary Session in February 2023. Once it enters into force, the Protocol aims to promote innovation and creativity in Africa, and encourage intra-African trade, among other goals.

Recent years have seen significant efforts in technical assistance and capacity building in Africa, particularly aimed at underrepresented groups. In October last year, the WIPO Division for Africa, in collaboration with the Government of Côte d’Ivoire, the African Union Commission, the International Trade Centre, the African Regional Intellectual Property Organization (ARIPO) and OAPI, with financial support from the Japan Patent Office, organized the African Regional Youth Conference on Intellectual Property, themed, “From Ideas to Impact: The Role of IP in Fostering Youth Innovation and Creativity for Sustainable Development,” in Abidjan, Côte d’Ivoire. The event sought to raise awareness about the practical applications of IP in entrepreneurship.

Meanwhile, in August last year, Africa’s first Women in IP Conference was held in Uganda. It was organized by ARIPO and the Uganda Registration Services Bureau, in collaboration with the Innovation and Intellectual Property in Africa (AfrIPI), with the theme, “Enhancing Women’s Participation in IP.” The conference panels and workshops sought to identify the barriers that hinder women’s participation in IP and explore strategies to overcome them.

This is one of a number of initiatives aimed at closing the gender gap in IP in Africa. In 2023, these initiatives included a webinar held by WIPO and Invent Together, and a Regional Conference on Intellectual Property for Women in Agribusiness. ODI Global also published a briefing and policy paper on “Intellectual property and women’s economic empowerment in Africa” in the same year. All the signs are that efforts to recognize the particular challenges that women in Africa face in creating and protecting IP are closer to being understood, which is likely to lead to increased engagement with IP systems and greater economic empowerment.

In this interview with the INTA Bulletin, Ms. Otudor talks about her involvement with INTA, how IP is changing in Africa, and how to overcome the challenges that exist. She also sheds light on how corporate organizations can enhance IP knowledge and awareness among consumers, small business owners, and policymakers; shares her perspective on what brand owners should know before expanding into the African market; and offers her advice for INTA members in Africa looking to follow in her footsteps and join the INTA Board of Directors.

Last November, you were elected to INTA’s Board of Directors. Please take us back to the start of your INTA career. How did you first become involved with the Association?
My journey with INTA started in 2010 when I attended my first Annual Meeting in Boston. At the time, I was an associate at one of the leading commercial law firms in Lagos, Nigeria.

It was at this firm that I was exposed to IP, where I had first-hand experience with IP, and I was trained in different aspects of IP. That experience opened my eyes to the depth and global impact of INTA.

Over the years, I became involved with the Association, contributing to committees, knowledge-sharing initiatives, and advocacy efforts. My passion for advancing IP awareness in Africa led me to serve on various INTA committees, including the Middle East, Africa and South Asia Subcommittee of the Legislation and Regulation Committee. I also previously contributed to INTA’s Trademark Opposition Guide for Nigeria and Ghana.

These experiences not only enriched my professional journey but also reinforced my commitment to shaping the IP landscape in Africa.

What does being a Board member mean for you, and what does your presence on the Board mean for the African IP community?
Being elected to INTA’s Board of Directors is both an honor and a responsibility. It signifies recognition of my contributions to the IP field and presents an opportunity to further elevate Africa’s voice in global IP discussions.

My presence on the Board underscores INTA’s commitment to inclusivity and the representation of diverse perspectives, particularly from emerging markets such as Africa. That means a lot!

For the African IP community, it also means we can present suggestions and concerns to INTA, and we are represented. We have a direct advocate within INTA to address region-specific challenges, promote harmonized IP frameworks, and foster collaborations that will drive innovation and economic growth.

How has being a member of INTA helped to elevate the importance of IP to your organization? And how has this helped elevate your role within the organization and among the C-suite?
As the Intellectual Property and Technology Law Manager at MTN Nigeria Communications PLC, my engagement with INTA over the years has provided invaluable insights into global best practices, policy trends, and enforcement strategies.

This knowledge and experience have enabled me to effectively communicate the strategic importance of IP protection within my company, which is a telecoms and technology company that creates a lot of IP. I bring awareness of the importance of everything we have to do to promote the company’s IP assets.

By integrating INTA-driven insights into corporate decision-making, I have been able to demonstrate the commercial value of IP, secure executive buy-in, and ensure that IP considerations are embedded in business strategies. As a result, my role has evolved beyond legal advisory to influencing high-level corporate governance and policymaking.

From your perspective, what are some of the critical IP challenges that businesses in Africa are facing today?
African businesses face several IP challenges, including weak enforcement mechanisms, counterfeiting, piracy, limited IP awareness, and regulatory inconsistencies across jurisdictions. The dominance of the informal economy also makes it difficult to ensure compliance with IP laws.

All these challenges have been heightened by the digital transformation, which has introduced new complexities, such as online brand infringement and data protection concerns.

Strengthening legal frameworks, fostering cross-border collaboration, and leveraging technology-driven enforcement tools will help us to confront these challenges. There are many challenges, but we can overcome them!

On the other hand, how is IP contributing to the growth of businesses and innovation in Africa? How, if at all, is this different from the role of IP in other regions/economies?
IP is a critical driver of business growth and innovation in Africa. It provides legal protection for local brands, encourages foreign direct investment, and fosters a culture of creativity. We have a lot of traditional knowledge in Africa, so African entrepreneurs are very creative.

Increasingly, entrepreneurs understand and recognize the value of trademarks, patents, and copyrights in securing market competitiveness, especially when we compare the African market with Asia, Europe, Latin America, and North America.

Unlike more developed economies where IP frameworks are well-established, Africa is still in a phase of advocacy and institutional strengthening. However, despite all the challenges, this presents an opportunity for businesses to shape IP policies that support the protection of sustainable innovation and indigenous knowledge and contribute to growth.

What role do you think corporate organizations in Africa can play to enhance IP knowledge and awareness among consumers, small business owners, and policymakers?
Corporate organizations can lead the way in IP education by integrating IP training into business development programs, collaborating with academic institutions such as universities and higher education institutions, and supporting government initiatives aimed at strengthening IP protection.

For example, I never learned about IP until I came to the workplace in 2010. Now there are IP clubs in universities. Companies can help them to grow by sponsoring events and engaging the interest of students.

Public-private partnerships can also play a crucial role in demystifying IP concepts for small business owners and policymakers, ensuring that there are IP frameworks that align with commercial realities.

This creates opportunities for companies to collaborate with academic institutions to invest in IP education. We can also leverage digital platforms to create awareness campaigns on brand protection, counterfeiting risks, and the benefits of formal IP registration.

One of the critical IP challenges that you mentioned earlier was the enforcement of IP rights. How can governments and institutions in Africa collaborate more effectively with corporate organizations to enforce these rights?
There should be a strong handshake between governments, regulatory agencies, and corporate organizations. This is essential and cannot be overemphasized. Establishing specialized IP enforcement units, leveraging technology for anticounterfeiting measures, and implementing consumer education campaigns are all very important to create a more robust IP ecosystem.

Further, regional collaborations, such as the AfCFTA, present opportunities for harmonized IP enforcement strategies across multiple jurisdictions. Corporate organizations can support these efforts by sharing intelligence, advocating for policy reforms, and investing in IP protection technologies.

Currently, there are global expectations that Africa will rise as the next major source of economic growth. What should brand owners from around the world, eager to enter or expand in this market, know about Africa?
Although it is in a sense an old continent, Africa’s economic growth is fueled by a young, tech-savvy population, rapid digitalization, and an expanding consumer base. In Nigeria, for example, we have a huge population, and the majority are young people who are very interested in technology and social media.

Brand owners must recognize the Continent’s legal and cultural diversity. There is great cultural diversity from West Africa to East Africa, and from North Africa to South Africa. And there is also legal diversity because of the different jurisdictions.

It is important for brand owners to understand the local market dynamics. Respecting indigenous knowledge systems and securing comprehensive IP protection are crucial for success. Additionally, businesses should prioritize ethical brand engagement, invest in local partnerships, and stay informed about evolving regulatory frameworks to mitigate IP risks and maximize opportunities.

What advice do you have to offer other INTA members in Africa who hope to one day follow in your footsteps to join the Board of Directors?
My advice is simple: actively engage, contribute meaningfully, and stay committed to the advancement of IP in Africa. Start with your own community and expand little by little. For example, when I first became interested in IP, I went to the WIPO Summer School and my interest and commitment evolved from there.

I started contributing to INTA, which provides numerous opportunities to participate in committees, research projects, and advocacy initiatives, and I took advantage of them. Then I started building my network and mentoring people. People had mentored me, and I started mentoring the next generation, and I have remained a voice for positive change in the industry.

Most importantly, approach every challenge as an opportunity to make an impact, and let your dedication to the field speak for itself. See it as a steppingstone to the next thing you have to do, speak the truth of what you have to offer, and be committed. The road to leadership is paved with passion, persistence, and purpose.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest.

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