Abstract:
The purpose of this study entitled, A Comparative Assessment of South Africa’s
Proposed Legislation to Protect Traditional Knowledge, is to examine how the
protection intended to be afforded to traditional knowledge, by the Intellectual
Property Laws Amendment Act 28 of 2013 (IPLAA) compares with the protection
proposed by the Protection, Promotion, Development and Management of
Indigenous Knowledge Systems Bill (IKS Bill). Furthermore, the dissertation aims
to investigate how either of these proposed systems compare with established
international and foreign initiatives. It is accepted for the purpose of this
dissertation that the protection of traditional knowledge is advantageous, fair and
reasonable in the context of South Africa today.
This dissertation seeks to analyse the most fair and appropriate way to protect
traditional knowledge within South Africa and to determine the suitability of the
IPLAA and the IKS Bill, and whether both pieces of legislation are necessary.
There will also be an examination of international and foreign initiatives in order to
gauge global standards and assess where South Africa lies in relation to such
initiatives. Upon the findings of its analysis, this study aims to make
recommendations and suggestions to improve the protection of traditional
knowledge in South Africa.
