Abstract

ADAJI, A E. Open science for health research and innovation in Africa: A call for an 'inclusive' intellectual property rights regime. SAJBL [online]. 2025, vol.18, n.1, pp.17-23. ISSN 1999-7639.  https://doi.org/10.7196/SAJBL.2025.v18i1.2643.

Open science offers numerous benefits for health research and innovation that can advance public healthcare in Africa. In addition to facilitating universal access to research results, open science engenders scientific collaboration, accelerating research and innovation. However, the shared entitlement to using and developing intellectual resources in the open science context is challenged by the traditional approach to intellectual property rights, at the core of which is the right to exclude. This article examines the emerging notion of inclusive property rights, an alternative regime that emphasises the right to include and collective entitlements, as opposed to the right to exclude and individual ownership. Under this suigeneris inclusive property regime, everyone enjoys the rights to use, share, adapt, modify or improve protected creations or inventions stemming from open science. It is suggested that African countries should review their intellectual property legislation to explicitly take into account the notion of inclusive property rights, ensuring that the adoption of open science in health research and innovation is beneficial to the African people.

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