Expansion in Africa and India
Tailored Brand Protection Strategies Required
Their size and diversity mean brand owners require different strategies for expansion in Africa and India. But some techniques, such as filing early and focused enforcement, apply to both, as Ralph Cunningham discovers.
No two markets are the same. To save money and boost efficiency, an intellectual property (IP) owner often has an identical brand protection strategy in mind for more than one jurisdiction, but linguistic, cultural, and other differences that make every market unique can make that impossible to implement.
Africa’s 54 national economies demand tailored IP development and management. India’s size and linguistic diversity—22 recognized languages and 19,500 dialects—make the same true there.
Panelists well-versed in successful IP portfolio management in the technology, pharmaceuticals, and industrial machinery sectors—including Sarah Brough, Corporate Counsel at Caterpillar Inc. (United States) and Naledi Magomola, Senior Manager, Commercial Legal-Intellectual Property at MTN Nigeria (South Africa)—will discuss appropriate brand protection strategies, enforcement, and regulation in high-growth regions during the session, Global Brand Expansion: Developing and Managing IP in Africa and India, today (Saturday, May 2) at 10:15 am to 11:15 am.
Not One Place
Describing Africa as a challenging market is not correct, says session moderator Obianuju Otudor, Manager, Intellectual Property and Technology Law, MTN Nigeria Communications Plc (Nigeria). She refers to it instead as a strategic growth market and believes it is up to brand owners to plan their activities properly there.
“Brands that approach it with clarity, cultural intelligence, and speed will not only protect their IP, they will also build enduring value,” she says.
“In Africa, the challenge is fragmentation, but that also creates opportunity for brands that take a structured, multi-jurisdictional approach early,” adds Ms. Otudor. “Brand protection here is not just legal; it is a core part of the market entry strategy.” Many of India’s features mean brand protection is not the same as elsewhere, says panelist Vijayalakshmy Malkani, AVP, Head Trademarks, India Business, Emerging Markets and Japan, Sun Pharmaceutical Industries Limited (India). These cover the economy, language, and how business is done.
“India presents a markedly different brand protection environment compared to many other markets due to the sheer scale of its informal economy, vast cultural and linguistic diversity, extreme consumer price sensitivity, and the legal and commercial complexity of its ecosystem,” she says.
She uses language and culture as examples of how brand owners should proceed with trademark applications.
“Linguistic and cultural due diligence is critical before applying for a trademark to ensure that a brand name does not conflict with local terms, infringe on existing regional brands, or violate religious sentiments or cultural appropriation,” she notes.
How the country’s trademark system favors first-to-use can also cause problems for brand owners new to India, Ms. Malkani adds.
“Unlike many jurisdictions, India places strong emphasis on prior use over registration, allowing local businesses to acquire enforceable trademark rights through use, even against later-registered marks. This can pose significant challenges for global brand owners entering the market,” she says.
"African markets are rising, not just as consumers, but as creators of globally relevant brands."
- Obianuju Otudor | MTN Nigeria Communications Plc (Nigeria)
Developing Legal Systems
Ms. Otudor says brand protection in Africa is changing because legal systems are developing and experience of enforcement is growing. These developments are showing up in how brand owners are now protecting IP.
“We are seeing a clear shift from reactive protection to strategic IP management,” she says. “Across Africa, laws are evolving, enforcement awareness is increasing, and, importantly, companies are beginning to treat IP as a commercial asset that drives value, not just a compliance requirement.”
Linking Up
While Africa is made up of numerous diverse markets, regional cooperation and coordination are already well-established.
The African Regional Intellectual Property Organization (ARIPO) has 22 member states, and 10 observer countries, and operates centralized registration for trademarks, patents, copyright, designs, and utility models, while the African Intellectual Property Organization (OAPI), with 17 member states, covers West Africa, Central Africa, and the Indian Ocean region.
Ms. Otudor believes this cooperation should go further and deeper.
“Greater harmonization, digitization, and speed would significantly improve outcomes,” Ms. Otudor says. “But equally critical is stronger collaboration between regulators and brand owners, because enforcement is most effective when it is coordinated.”
Digitization has also helped modernize the Indian trademark system, but, in Ms. Malkani’s view, other operational issues, such as delays in examination, hearings, and opposition proceedings, are having adverse effects on business strategies and commercial planning. She believes changes to processes and the law would speed up outcomes and keep up with how fast business and technology are changing.
“The introduction of clearer, time-bound prosecution processes, coupled with the appointment of subject-matter experts for examinations and opposition hearings, would lead to faster conclusions of registrations and more predictable outcomes, thereby strengthening brand owners’ positions,” says Ms. Malkani.
“Most importantly, there is a pressing need to overhaul the existing Trade Marks Act, which has remained largely unchanged since 1999, to ensure that the legal framework keeps pace with the rapidly evolving commercial and technological landscape,” she adds.
Anticounterfeiting Tactics
Infringements, such as counterfeiting and trademark squatting, that are obstacles to expansion in other parts of the world, also confront brand owners in Africa. Ms. Otudor recommends they take a business approach to counterfeiting.
“Register early, control your value chain, and focus enforcement on high-impact threats. Counterfeiting is ultimately a business issue, so the response must be commercially driven,” she says.
Brand owners in India are well aware of the menace of counterfeiting, says Ms. Malkani, and are receiving support from judges, who are addressing cases more quickly, particularly through ex parte orders, as well as awarding substantial damages and issuing important judgments on issues such as liability, tests for infringement, and passing off.
"Unlike many jurisdictions, India places strong emphasis on prior use over registration, allowing local businesses to acquire enforceable trademark rights through use."
-Vijayalakshmy Malkani | Sun Pharmaceutical Industries Limited (India)
Targeting Squatters
When it comes to trademark squatters in Africa, a multi-pronged strategy will serve brand owners well, in Ms. Otudor’s view.
“Quite simply: file before you enter. Early filing, defensive registrations, and active monitoring are critical. In emerging markets, timing is everything,” she says.
Combating trademark squatting means the trademark team must be involved in early stages of business planning. A filing strategy that includes using the Madrid Protocol, if budgets allow, is critical, especially in first-to-file systems, which apply in most parts of the world.
Stretching Your Budget
But what do you do if your budget for IP protection is limited? In that case, you must concentrate your efforts, Ms. Otudor believes.
“Focus on key markets, core trademarks, and high-risk areas, and leverage regional systems where possible. A focused strategy often outperforms a broad but diluted one,” she says.
Of course, using local partners with a sound knowledge of the market can often help a brand owner work through the issues associated with IP management in their jurisdiction. However, there are pros and cons, as well as ways to manage these relationships effectively.
“Local partners bring speed and market insight but also introduce IP risk. The difference lies in strong contracts, clear ownership structures, and active oversight,” Ms. Otudor says.
Technology Tools
“Increasingly digital, data-driven, and cross-border” is how Ms. Otudor describes brand protection in Africa. At the same time, the continent is generating its own brand owners as its consumer markets also grow.
“African markets are rising, not just as consumers, but as creators of globally relevant brands,” Ms. Otudor says.
Overlaying this growth in commerce in Africa—and in India as well—is the spread of technologies such as artificial intelligence (AI), which enable counterfeiters and infringers to produce increasingly sophisticated copies of brands, product designs, and packaging.
Ms. Malkani believes brand owners should be using similar technologies to retaliate: “In response, brand owners must invest in AI-driven tools that enable swift and accurate detection of infringing brands, images, and listings.”
“There is a clear need to move from a largely reactive enforcement model toward predictive and intelligence-led strategies, leveraging AI to analyze vast datasets to anticipate counterfeit hotspots, detect infringing listings in real time on e-commerce platforms, identify URL hijacking, uncover social media-led scams, and take down copycat websites at speed,” she adds.
If brand owners are to expand their business successfully in Africa and India, they will need to develop tailored protection strategies that combat many of the same challenges they face in other parts of the world.
