Tales as old as time: an evaluation of intellectual property and the protection of traditional knowledge

Abstract

The aim of this paper is to assess the need to protect Traditional Knowledge and the adequacy of the existing legislative measures to protect Traditional Knowledge in South Africa. In the process, consideration will be given to the nature and value of Traditional Knowledge, the rationale for protecting Traditional Knowledge and whether the current Intellectual Property laws are capable of providing adequate protection for Traditional Knowledge. Consideration will be given to the efforts of the South African government to protect the Traditional Knowledge generated by the traditional community and alternative methods of protecting Traditional Knowledge