Public Comment Invited on Policy Framework for Protection of Indigenous Traditional Knowledge

21 May 2008
21 May 2008

 

The Minister of Trade and Industry has invited public comment on the policy framework for the protection of indigenous traditional knowledge through the intellectual property systems and the Intellectual Property Laws Amendment Bill, 2008. The official notice and draft documents are available on the Traditional Knowledge Bill page. Research Contracts and IP Services will be co-ordinating the UCT response.

The Bill provides amongst others:

  • that the law of trade marks/geographical indications may be able to provide protection of certain names/features associated with traditional knowledge e.g. Rooibos and Honey bush tea;
  • that a National Council consisting of experts on traditional knowledge must advise the Minister and the Registrar of intellectual property on traditional intellectual property (TIP) rights;
  • that communities may form business enterprises such as collecting societies in order to administer their traditional intellectual property, as well as commercializing such TIP;
  • that such business enterprises may enter into licensing agreements (commercialization of TIP) with third parties;
  • that other rights in the copyright regime should preferably also be subjected to "collective management of copyright regime".

 

UCT will be submitting a co-ordinated response to the dti and interested members of the UCT community may submit their comments on the Policy and the Bill to RCIPS Director, Piet Barnard or call 021 650 3865, for inclusion.

The closing date for the submission of comments for co-ordination of the UCT response is 10 June 2008 (i.e. ahead of the public closing date which is 15 June 2008).

The Policy uses the words "traditional knowledge" and "indigenous knowledge" interchangeably, but the two expressions have different meanings nationally and internationally.