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 MoreFreedom to innovate – did Government get the message?
On 27 April, Freedom Day, we will pause to mark the most significant moment in South African history and commemorate the day when freedom, above all else, became the nation’s guiding principle. The day before, World IP Day, we celebrate the achievements of our brethren that influence our every-day lives and the ability of free human intellectual endeavour to improve our lives. In recent years, Freedom Day celebrations have been reduced to the favourite grandstanding occasion for politicians. While celebrating, many public figures will repeat the customary refrain of this day – remark...
Read MoreThe Protection, Promotion, Development and Management of Indigenous Knowledge Systems Bill, 2016: Has the DST lost its resolve?
1 Introduction Despite there being no internationally-accepted agreement on the mechanism for protecting indigenous (or traditional) knowledge, or indigenous (or traditional) cultural expressions, the South African government appears to be determined to introduce some form of protection in this area. To that end, the Department of Science and Technology (“DST”) published the latest draft of the Protection, Promotion, Development and Management of Indigenous Knowledge Systems Bill (the “2016 IKS Bill) on 8 April 2016 (GG 39910).[1] This follows its first draft Bill which was published...
Read MoreA Better Second Attempt – Protection of Indigenous Knowledge
On 20 March 2015 the Department of Science and Technology published the first draft of the Protection, Promotion, Development and Management of Indigenous Knowledge Systems Bill, 2014 (the “IKS Bill) and called for comments. The Chair of IP Law has responded to this call and delivered extensive representations on the IKS Bill authored by two of its members, Prof Karjiker and Dr Kleyn. The full text of Prof Sadulla Karjiker’s comments is available here. The full text of Dr Madelein Kleyn’s comments is available here. Below follows an overview of the IKS Bill in its...
Read MoreUnveiling The Wolf
The erstwhile Intellectual Property Laws Amendment Bill (“IPLAB”), generally known as the “Traditional Knowledge Bill”, became an Act when it was published in the Government Gazette as having been assented to by President Jacob Zuma on 10 December 2013. This despite vociferous objection from the IP community and other informed sources. (Read more about IPLAB here, here, here and here.) The general consensus was that the Bill was fundamentally flawed and an abominable piece of legislation. Issue was not taken with the notion that traditional knowledge requires improved protection, but...
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