Indigenous knowledge systems and intellectual property laws in South Africa
Date
2010-07-02T11:46:27Z
Authors
Mukuka, George Sombe
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Abstract
The aim of this study is to analyse the current status of indigenous intellectual property rights
protection in South Africa. The current intellectual property laws and legislations in South Africa do
not fully protect indigenous knowledge systems and in some instances the indigenous knowledge
is misappropriated, abused without proper recognition and acknowledgement of the custodian of
this knowledge. The thesis suggests that in order for us to fully understand the developments of
intellectual property in South Africa, we need to look at similar developments in the United States
and Australia. Using conceptual tools dealing with post-colonial, contested culture and legal
theories such as the natural-law and the economic model, the thesis tries to analyse the current
predicament, in the light of the research main question: how can one possibly marry indigenous
property rights and the western legal frameworks in a practical and ethical way?