PER: 2010 Volume 13 No 4http://hdl.handle.net/10394/40372024-03-19T05:39:43Z2024-03-19T05:39:43ZProtecting traditional knowledge - does secrecy offer a solution?Tong, Lee-Annhttp://hdl.handle.net/10394/40682019-06-24T09:20:16Z2010-01-01T00:00:00ZProtecting traditional knowledge - does secrecy offer a solution?
Tong, Lee-Ann
The shortcomings of using the intellectual property system to safeguard the interests
of traditional knowledge holders have received considerable attention. Laws that
guard against the disclosure of secret traditional knowledge to non-community
members may offer a low-cost and accessible way for traditional communities to
prevent the misappropriation of their traditional knowledge. This paper reviews the
concerns that may arise when holders of traditional knowledge attempt to rely on
claiming unfair competition and contract laws to protect their traditional knowledge.
2010-01-01T00:00:00ZSome tax implications of traditional knowledge under conventional intellectual propertyGutuza, Thttp://hdl.handle.net/10394/40672019-06-24T09:27:09Z2010-01-01T00:00:00ZSome tax implications of traditional knowledge under conventional intellectual property
Gutuza, T
The proposed incorporation of traditional intellectual property into the definition of copyright, trade-marks and designs as defined in the Copyright Act,1 the Trade Marks Act2 and the Designs Act3 may affect the income tax liability of parties where traditional knowledge is the object of such a transaction. The aim of this contribution is to consider the potential income tax consequences of this incorporation for those receiving income and incurring expenditure in relation to the use or disposal of traditional knowledge.
2010-01-01T00:00:00ZTowards a clearer definition and understanding of "indigenous community" for the purposes of the Intellectual Property Law Amandment Bill 2010: An eploration of the concepts "indigenous" and "traditional"Geyer, Sunellehttp://hdl.handle.net/10394/40662019-06-24T09:16:17Z2010-01-01T00:00:00ZTowards a clearer definition and understanding of "indigenous community" for the purposes of the Intellectual Property Law Amandment Bill 2010: An eploration of the concepts "indigenous" and "traditional"
Geyer, Sunelle
Although "indigenous" and "traditional" are key concepts in the Intellectual Property
Laws Amendment Bill of 2010, they are not defined therein. The Bill does, however,
provide a definition of "indigenous community" that is very clear as to where one should
look for indigenous communities for the purposes of this Bill, and that there is likely to
be a plurality of such communities, but is very vague as to which groups exactly will
qualify as being indigenous. It is uncertain whether or not the current vague wording of
the definition would be strong enough to widen the much narrower understanding of
indigenousness prevailing in other South African legislation, the legislation of selected
other jurisdictions, and the United Nations. Recommendations are made as to how the
definition of an "indigenous community" may be rephrased to address these
uncertainties more clearly.
This article is based on a paper delivered at the Conference on Traditional Knowledge in
Legal Context held at the Potchefstroom Campus of North-West University, South Africa, on
17 and 18 March 2009
2010-01-01T00:00:00ZTraditional knowledge and patent protection: Conflicting views on international patent standardsAndrzejewski, Adamhttp://hdl.handle.net/10394/40652019-06-24T09:25:33Z2010-01-01T00:00:00ZTraditional knowledge and patent protection: Conflicting views on international patent standards
Andrzejewski, Adam
As diseases continue to spread around the globe, pharmaceutical and biotech companies continue to search for new and better drugs to treat them. Most of these companies have realised that useful compounds for these purposes may be found in the natural resources that indigenous and local communities use. And yet, even though the importance of these biological resources to global health and economic livelihood is well recognised, the legal ownership and control of this traditional knowledge is still very controversial. This article undertakes a comparative analysis of American and European, as well as international legal regulations on patent law and traditional knowledge. Key questions include: What is traditional knowledge? How have the national patent laws of these countries treated the protection of plant variety and plant genetic resources? What are the existing international standards for patents, and what implications do they have for protecting traditional knowledge? And finally, what protection systems are emerging for the future?
An earlier draft of this paper was presented at the "Conference on Traditional Knowledge in
Legal Context," 17-18 March 2009, at North-West University, South Africa.
2010-01-01T00:00:00Z