Intellectual Property Protection of Traditional Knowledge and Access to Knowledge in South Africa

Abstract

South Africa's intellectual property protection of traditional knowledge is encapsulated in the Policy Framework for the Protection of Indigenous Traditional Knowledge through the Intellectual Property System and the Intellectual Property Laws Amendment Act 28 of 3013, which has not yet come into force. This Act does not provide for amendments to the patent legislation as this was done in 2005. It concerns itself only with amendments to the Performer's Protection Act 1967, the Copyright Act, 1978, the Trademarks Act 1993 and the Designs Act 1993 all of South Africa. Of these, this chapter discusses only the proposed copyright amendments from an access to knowledge (A2K) perspective.

Keywords: Traditional Knowledge, Intellectual Property, Copyright, Law, Access to Knowledge