Intellectual Property

Intellectual Property

South Africa’s Intellectual Property Amendment Bill

Natural Justice supported a two-day workshop in September 2010 for the South African Parliamentary Portfolio Committee for Trade and Industry on the proposed Intellectual Property Law Amendment Bill. The meeting was jointly organized by the International Centre for Trade and Sustainable Development (ICTSD) and the University of Cape Town Intellectual Property Law and Policy Research Unit, with technical input from Natural Justice.

The Portfolio Committee is in the process of reviewing a Bill that aims to amend a range of existing intellectual property rights mechanisms in South Africa, including the South African Copyright Act (1978), Performers Protection Act (1967), Trade Mark Act (1993), and Design Act (1993), in order to include certain forms of traditional knowledge protection under the premises of the respective Acts. Natural Justice provided Committee Members with background on the international and national discussions and frameworks on traditional knowledge protection to support their reflection on the Bill.

The key questions that were at the heart of the debate were to what extent intellectual property laws are suitable for traditional knowledge protection or whether a sui generis system, or a combination of the two, would be more suitable for the ensuring an appropriate protection of traditional knkowledge in South Africa. Since the meeting took place in 2010, Natural Justice has been invited to serve as advisors to the Committee on a regular basis.

 

Publications

Dismantling the Divide Between Indigenous and Scientific Knowledge (Agrawal, 1995)
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Beyond Intellectual Property: Toward Traditional Resource Rights for Indigenous Peoples and Local Communities (Posey and Dutfield, 1996)
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Between the Sacred and the Secular: Indigenous Intellectual Property, International Markets and the Modern African State (Ostergard et al., 2006)
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Traditional Knowledge and Indigenous Peoples (WIPO and LIENIP, 2009)
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Triggering the Synergies between Intellectual Property Rights and Biodiversity (GTZ, 2010)
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Access to Knowledge in the Age of Intellectual Property (Krikorian and Kapczynski (Eds.), 2010)
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Videos

Biocultural Community Protocols: Articulating and Asserting Stewardship (Moving Images & Natural Justice, 2012)
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Rooibos Robbery: A Story of Bioprospecting in South Africa (Steps Southern Africa, 2012)
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Maldhari Biocultural Community Protocol Photo Story (Sahjeevan & Natural Justice, 2012)
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