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 7 minutes ago Amid a growing appreciation by government of the challenges and impasses constraining the South African mining sector, consulting group Deloitte believes it unlikely that Finance Minister Nhlanhla Nene will, during his 2015/16 National Budget speech next month,...
Updated 24 minutes ago Gauteng will spend more than R94-billion on both social and economic infrastructure projects over the next three years, Finance MEC Barbara Creecy said on Wednesday. “By investing in social and economic infrastructure, including quality public transport,...
Updated 1 hour 17 minutes ago Domestic Opel sales grew by 36%, to 3 700 units, last year compared with 2013, says General Motors South Africa (GMSA) operations VP Ian Nicholls. “I would expect to at least double our Opel sales in 2015. That’s the step up you would expect. It’s going to be a big...
Recent Research Reports
Liquid Fuels 2014 - A review of South Africa's Liquid Fuels sector (PDF Report)
Creamer Media’s Liquid Fuels 2014 Report examines these issues, focusing on the business environment, oil and gas exploration, the country’s feedstock supplies, the development of South Africa’s biofuels industry, fuel pricing, competition in the sector, the...
Water 2014: A review of South Africa's water sector (PDF Report)
Creamer Media’s Water 2014 report considers the aforementioned issues, not only in the South African context, but also in the African and global context, and examines the issues of water and sanitation, water quality and the demand for water, among others.
Defence 2014: A review of South Africa's defence industry (PDF Report)
Creamer Media’s Defence 2014 report examines South Africa’s defence industry, with particular focus on the key participants in the sector, the innovations that have come out of the sector, local and export demand, South Africa’s controversial multibillion-rand...
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.
This Week's Magazine
Three-dimensional (3D) printers being sold in South Africa by electronics distributor Rectron currently print in two types of plastic, but have a clear upgrade path over the next five years to eventually print in wood, ceramics and metal-alloy materials, says Rectron...
The world’s two dominant commercial aircraft manufacturers, Airbus of Europe and Boeing of the US, both recently announced that they had made record aircraft deliveries in 2014. Boeing set a global record for the industry with 723 commercial aircraft delivered, while...
The Western Cape is shifting further into the renewable-energy space with the official opening of a factory specialising in solar inverters, a key component of solar photovoltaic (PV) plants. The investment in the manufacturing facility in Cape Town aims to boost the...
Business Leadership South Africa (BLSA) last month welcomed Cabinet’s establishment of a technical team war room to undertake various interventions to improve electricity supply security over the short- and medium-term, but added that the private sector also had a...
Despite a rapid rise in mobile connections and the economic and social benefits of such connectivity, more than half of the world ended 2014 unconnected. For this reason, industry commentators believe the biggest impact of mobile technology is still to come –...