A comparative assessment of South Africa's proposed systems to protect traditional knowledge

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.