Written comments and representations on the draft Regulations relating to the Protection, Promotion, Development and Management of Indigenous Knowledge
The Chair has made written comments and representations on the draft Regulations relating to the Protection, Promotion, Development and Management of Indigenous Knowledge, pursuant to the invitation extended by the Minister of Science and Innovation on the publication of the “Regulations relating to the Protection, Promotion, Development and Management of Indigenous Knowledge Systems” (the “Draft IKS Regulations”) in General Notice 2647 of 2022 (GG 47292, 14 October 2022) (“GN 2647”) and General Notice 2722 of 2022 (GG 47453, 4 November 2022) (“GN 2722”). The full text of the...
Read MoreThe Winning Choice For Traditional Culture
Note: Seldom will the VineOracle descend into the dust of the arena, even when the winner is known to her in advance. But on this occasion she considers it necessary to expound upon the recent developments in IP legal development for the sake of those who care to learn. Here is her report on the match between two opposing, albeit ill-matched, forces seeking to use the intellectual property law system for the protection of traditional knowledge. In 2004 the Cabinet approved the adoption of a policy on Indigenous Knowledge Systems, known as the IKS Policy. Pursuant to this the...
Read MoreHOT OFF THE PRESSES – Sui Generis TK Bill Published In The Gazette
Roll up and hear the good news! Today the new sui generis Protection of Traditional Knowledge Bill was published in the Government Gazette, signalling a major step toward the protection of traditional knowledge (TK) in South Africa. Full text of the Bill available here. This Bill is based on the Protection of TK Bill drafted by the incumbent of the Stellenbosch Chair of IP Law (CIP), Prof Owen Dean, and was tabled in Parliament by Dr Wilmot James earlier this year amid widespread and serious criticism of Government’s current attempt at protecting TK through the Intellectual Property Laws...
Read MoreA New Tradition In Legislation
The South African government has created a new tradition in drafting and processing legislation through Parliament. This tradition manifests itself in the drafting of half-baked legislation with little or no regard to the provisions of the Constitution and then fighting a huge public outcry against the legislation on the grounds that it is unconstitutional. In some instances the government then concedes that aspects of the legislation are unconstitutional and it seeks to undertake the revision of that legislation on the floor of Parliament in an attempt to circumvent the claims of...
Read MoreNEW Traditional Knowledge Bill – Sui Generis Protection for TK
If you cannot beat them, join them. For that reason this Chair of IP has decided to announce a NEW sui generis Protection of Traditional Knowledge Bill in the hope that something may yet be done to save us all. Government’s current attempt at protecting traditional knowledge by amending current IP statutes remains an unmitigated disaster, the scope of which is yet to be fully realised. This Chair, among many others, has expressed its distress at the current Traditional Knowledge Bill (likely to be the Protection of Traditional Knowledge Act soon) in no uncertain terms. And despite the...
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