The Protection of Indigenous Traditional Knowledge Through the Intellectual Property System and the 2008 South African Intellectual Property Law Amendment Bill

Abstract

The discussion of Traditional Knowledge as a subject of intellectual property protection continues to take centre stage at different fora. It is particularly relevant for developing and least developing countries whose Traditional Knowledge mechanisms continue to be exploited without accruing any benefits. The situation in South Africa is not different. The South African Department of Trade and Industry (Dti) is spearheading efforts to create a legal framework that seeks to protect and promote Traditional Knowledge using existing intellectual property law mechanisms. Through this Bill, South Africa is seeking to protect Traditional Knowledge beyond the area of patents. The challenge for the Bill is to cover all aspects of Traditional Knowledge. This has already proven to be difficult as indicated by the outcomes of one of the consultation workshops with various stakeholders (University professionals and indigenous communities). Furthermore the Bill will have to be mindful of the manifestations of intellectual property at regional (SADC, SACU and AU) as well as the International position (WIPO, TRIPS and WTO). This paper seeks to measure the extent to which the Bill will protect Traditional Knowledge and the possibility of its use as a model for the region and the developing world