#BizTrends2025: What does IP law look like in 2025 and beyond?

Image source: Dilok Klaisataporn – 123RF.com

In 2025, it is anticipated that traders will be necessitated to look further than algorithms and user-generated content or AI-generated content to attract customers. In fact, it is expected that traders will go back to the intellectual property (IP) drawing board, with a view to leverage different forms of IP, to gain or maintain a competitive advantage in the marketplace. Traders will likely also take steps to circumvent the impact of overconsumption, which includes steps to promote, develop and protect sustainable technology.

Against the background of an oversaturated digital marketplace and record breaking temperatures, it is anticipated that IP law will be even more relevant and relatable in the coming year, and we expect to see the following micro, macro and mega-trends.

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Micro trends: Influencers and content creators will continue to play a role in IP creation

While big brand owners have been taking steps to enforce their IP rights in the digital market place, other players, such as mega influencers who create content worthy of IP protection, in the form of trade marks (such as ‘Very demure very mindful’) and copyright in content such as scripts, videos, blogs, and vlogs, are expected to increasingly protect and enforce their IP rights on digital platforms.

Considering that a significant number of individuals are using social media to generate income, the competition in the industry has increased radically. Brand protection and enforcement is no longer reserved primarily for inventors, mega retailers, players in the financial industry, manufacturers or pharmaceutical companies; influencers and content creators are expected to leverage IP to signal to followers and potential clients that they have confidence in their reputation and services and that they aim to build a brand with integrity.

In addition, businesses that use the service of influencers, or any third party, as a marketing tool are expected to implement effective IP protection strategies. This includes taking proactive steps to conclude IP agreements with influencers or any third parties involved in the branding or marketing of a business.

This will ensure that the use of the business’s IP, such as brands or copyright, is licensed and controlled properly, and will avoid misuse and more importantly potential reputational damage.

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Macro trends: IP globalisation - harmonising laws across borders

As businesses expand their operations internationally, and more specifically to African territories, the shift towards harmonising IP frameworks is become increasingly apparent in the African context.

The globalisation of IP laws is primarily driven by international agreements, particularly the World Trade Organisation’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which establishes minimum standards for the protection and enforcement of IP rights.

In 2024, we saw significant progress among African countries in aligning national IP laws with these international standards. Countries such as Zambia, Ethiopia, Rwanda and Kenya have undertaken and implemented reforms to modernise their local legal frameworks, in accordance with TRIPS and other international agreements or conventions, such as the Paris Convention.

These developments do not only promote consistency in the IP law and practice of different jurisdictions, but also create a more predictable legal environment for multi-jurisdictional businesses, making it even easier to expand their operations.

As we look towards 2025, this trend of IP globalisation is expected to intensify, with more countries amending their legislation to attract foreign investment, foster innovation, and facilitate cross-border trade. The harmonisation of IP laws will also continue to enhance the ability of businesses to secure and enforce their IP rights in multiple markets, strengthening the global innovation ecosystem.

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Mega trends: Sustainability - driving innovation and shaping consumer expectations

Sustainability has become a central focus of global policymaking and corporate strategy, with IP serving as a critical tool in advancing green innovation.

From a patent perspective, the development and protection of technologies aimed at reducing environmental impact are gaining momentum. Innovations in recycling technologies, biodegradable materials, and closed-loop systems are being patented at an accelerated pace, reflecting a growing commitment to sustainability.

Trade marks are also playing an increasingly important role in shaping consumer perceptions of environmental responsibility. Businesses are leveraging trade marks to reflect their sustainability efforts, incorporating terms such as "eco" and "green" into their brand identities. This shift aligns with consumer demand for greater transparency and accountability from businesses. In 2025, it is anticipated that businesses will increasingly prioritise sustainability in their branding and innovation strategies.

With foresight of what 2025 is likely to bring, IP lawyers should be mindful that clients will require forward-thinking advice and guidance on how to gain and maintain competitive advantages in the complex digital and globalised marketplace.