Feb 10, 2014
Amended intellectual property law to protect indigenous knowledgeBack
Systems|Intellectual Property Systems|Systems|Jacob Zuma|Rob Davies
© Reuse this
He explained that the objectives of the Act were to bring indigenous knowledge holders into the mainstream of the economy and to improve the livelihoods of communities.
“The Act is providing a legal framework for protection of the rights of indigenous knowledge holders and empowers communities to commercialise and trade on indigenous knowledge [for the benefit of] the national economy,” Davies said.
He explained that the Act had come about as government realised that knowledge derived from working with communities was often protected by intellectual property systems without compensating and acknowledging the originators or knowledge holders.
Key interventions contained in the Act included prohibiting the registration of indigenous knowledge without consent or that was offensive to a particular public.
“The Act provides that business enterprises such as community trusts and cooperatives be formed to manage and protect the indigenous knowledge of communities,” he said, adding that it also catered for compensation for the use of intellectual property through the negotiation of a benefit-sharing agreement regime.
Meanwhile, the Companies and Intellectual Property Commission would accredit certain institutions to adjudicate any dispute arising from the application of the Act.
“These interventions will be introduced in all domains of intellectual property and the findings of alternative dispute resolutions can be made an order of court upon application. [However], the High Courts will still have inherent jurisdiction to entertain any dispute pertaining to indigenous knowledge and intellectual property,” Davies concluded.
Edited by: Tracy Hancock© Reuse this Comment Guidelines (150 word limit)
Updated 6 hours ago Protech Khuthele Holdings on Wednesday said, in a cautionary note to shareholders, that, as the failed company unwound, investigations were ongoing into its affairs. The company provided no indication of the completion date.
Updated 6 hours ago Private equity investors are increasingly becoming more active in Africa’s bid to narrow the $90-billion a year infrastructure funding gap constraining the continent’s growth. This was according to a survey by the Southern African Venture Capital and Private Equity...
Updated 7 hours ago The shortlist of innovations in the Africa Prize for Engineering Innovation was announced on Wednesday, comprising 12 new innovations from seven African countries. The shortlist announced by the UK’s Royal Academy of Engineering (RAEng) included innovations in...
Recent Research Reports
Road and Rail 2014: A review of South Africa's road and rail infrastructure (PDF report)
Creamer Media’s Road and Rail 2014 report examines South Africa’s road and rail transport system, with particular focus on the size and state of the country’s road and rail network, the funding and maintenance of these respective networks, and the push to move road...
Real Economy Year Book 2014 (PDF Report)
This edition drills down into the performance and outlook for a variety of sectors, including automotive, construction, electricity, transport, steel, water, coal, gold, iron-ore and platinum.
Real Economy Insight: Automotive 2014 (PDF Report)
This four-page brief covers key developments in the automotive industry over the past 12 months, including an overview of South Africa’s automotive market, trade figures, production and the policies influencing the sector.
Real Economy Insight: Construction 2014 (PDF Report)
This five-page brief covers key developments in the construction industry over the past 12 months. It provides an overview of the sector and includes details of employment in the sector, infrastructure and municipal spending, as well as insight into companies’...
Real Economy Insight: Electricity 2014 (PDF Report)
This five-page brief covers key developments in the electricity industry over the past 12 months, including details of State-owned power utility Eskom’s generation activities, funding and tariffs, independent power producers and prospects for the sector.
Real Economy Insight: Road and Rail 2014 (PDF Report)
This six-page brief covers key developments in the road and rail industries over the past 12 months, including details of South Africa’s road and rail network and prospects for both sectors.
This Week's Magazine
The latest TransUnion Vehicle Pricing Index (VPI) contains a number of small, but significant indications that the tide may at last be turning for the beleaguered used car industry. For the third successive quarter, used car inflation has increased on a year-on-year...
The South African new vehicle market is likely to reach around 630 000 units in 2014, down from the 650 000 units recorded in 2013, says Toyota South Africa Motors (TSAM) president and CEO Dr Johan van Zyl. Van Zyl is also president of the National Association of...
Efforts by the Kenya government to increase energy generation by 5 000 MW over the next three years received a major boost following the award of a $2-billion contract to build a coal power plant in Lamu. Despite allegations of irregular tendering process, the...
Using crafty wordplay on a well-known Internet meme, brilliant South African-born US entrepreneur and businessperson Elon Musk announced that Tesla Motors would not initiate patent lawsuits against anyone who, in good faith, wanted to use its technology. Instead,...
August new vehicle sales declined by 1.4%, to 55 722 units, compared with the same month last year. Assisted by the car rental market, the South African new passenger car market, at 37 953 units, contracted by 1 047 units, or 2.7%, compared with August last year.