Indigenous Knowledge System and Intellectual Property Rights in the Twenty-First Century. Perspectives from Southern Africa

Sulaiman.Adebowale

Description

This volume discusses a number of issues on the contested nature of intellectual property rights (IPR) and Indigenous Knowledge Systems (IKS) in the context of Southern Africa. The issues addressed include the protection of folklore, IKS in a digital era, the valuation and safeguard of heritage sites, the need for appropriate IKS legislation, community based control of natural resources and the role played by traditional music in the maintenance of community. It is this extensive exploration of IKS from the vantage points of communication and culture, and explored in terms of policy, cultural survival, international as well as intra-national politics, economics, philosophy and ethics that makes this empirical grounded collection of papers unique, a distinctive contribution to the literature and 'cause' of IKS. The specific IKS-related issues raised and dealt with in this volume are generic in the sense that the very same issues are being contested in different parts of the world. In this respect, this book highlights the particular as a means of comprehending the universal.

Sujets

• African Studies

Informations

• Publié par: CODESRIA
• Date de parution: 15 juillet 2007
• Nombre de lectures: 0
• EAN13: 9782869784062
• Langue: English
• Poids de l'ouvrage: 1 Mo

Extrait

INDIGENOUS KNOWLEDGE SYSTEMS AND INTELLECTUAL PROPERTY IN THE TWENTYFIRST CENTURY

Perspectives from Southern Africa

Edited by Isaac N. Mazonde & Pradip Thomas

Council for the Development of Social Science Research in Africa University of Botswana World Association for Christian Communication

© Council for the Development of Social Science Research in Africa, 2007 Avenue Cheikh Anta Diop Angle Canal IV, BP 3304 Dakar, 18524, Senegal Web site: www.codesria.org All rights reserved

In association with the University of Botswana & the World Association for Christian Communication

ISBN: 2869781946 ISBN 13: 9782869781948

Typeset by Daouda Thiam Cover image designed by Ibrahima Fofana Printed in Senegal by Imprimerie Graphiplus, Dakar, Senegal

Distributed in Africa by CODESRIA Distributed elsewhere by African Books Collective, Oxford, Web site: www.africanbookscollective.com

The Council for the Development of Social Science Research in Africa (CODESRIA) is an independent organisation whose principal objectives are facilitating research, promoting researchbased publishing and creating multiple forums geared towards the exchange of views and information among African researchers. It challenges the fragmentation of research through the creation of thematic research networks that cut across linguistic and regional boundaries.

CODESRIA publishes a quarterly journal,Africa Development,the longest standing Africabased social science journal;Afrika Zamani,a journal of history; theAfrican Sociological Review; African Journal of International Affairs (AJIA);Africa Review of Books; Identity, Culture and Politics: An AfroAsian Dialogueand theJournal of Higher Education in Africa.It copublishes theAfrica Media Review.Research results and other activities of the institution are disseminated through ‘Working Papers’, ‘Monograph Series’, ‘CODESRIA Book Series’, and theCODESRIA Bulletin.

CODESRIA would like to express its gratitude to the Swedish International Development Cooperation Agency (SIDA/SAREC), the International Development Research Centre (IDRC), Ford Foundation, MacArthur Foundation, Carnegie Cor poration, the Norwegian Ministry of Foreign Affairs, the Danish Agency for Interna tional Development (DANIDA), the French Ministry of Cooperation, the United Nations Development Programme (UNDP), the Netherlands Ministry of Foreign Affairs, Rockefeller Foundation, FINIDA, NORAD, CIDA, IIEP/ADEA, OECD, IFS, OXFAM, UN/UNICEF and the Government of Senegal for supporting its research, training and publication programmes.

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Contents

Contributors.....................................................................................................v

Introduction.....................................................................................................1 Isaac N. Mazonde

Contesting Space and Time: Intellectual Property Rights and the Indigenous Knowledge Systems Research - A Challenge.............................3 Mogomme Alpheus Masoga

Intellectual Property Challenges in Africa: Indigenous Knowledge Systems and the Fate of Connected Worlds.............................................12 Pradip Thomas and Francis B. Nyamnjoh

Intellectual Property Law and the Protection of Indigenous Knowledge................................................................................26 John Kiggundu

Protecting Folklore Under Modern Intellectual Property Regimes: Limitations and Alternative Regimes for Protection.............48 Siamisang Morolong

Copyright in the Digital Era and Some Implications for Indigenous Knowledge................................................................................66 Kgomotso H. Moahi

The Gods Are Resting There: Challenges to the Protection of Heritage Sites through Legislation and Local Knowledge................78 Alinah K. Segobye

Development of Indigenous Knowledge Systems Policy and Legislation in South Africa: Intellectual Property Implications for Knowledge Holders and Practitioners.........................95 Mogege Mosimege

Intellectual Property Rights and Natural Resources: A Case Study of Harvesters of Medicinal Plants in the North-West Province, South Africa...............................................................................104 Otsile Ntsoane

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Indigenous Knowledge Systems and Intellectual Property in the 21st Century

Protection and Promotion of Local Music: A Talent that Educates, Entertains and Binds.......................................115 Wapula Nelly Raditloaneng

Index.....................................................................................................................123

Contributors

John Kiggunduis currently a Professor in the Department of Law, Univer- sity of Botswana. He studied Law at Makerere University and obtained his Doctorate in Law in 1985 from Queen Mary and Westfield College, Univer- sity of London. Between 1985 and 1988, he taught law at South Bank Univer- sity, London. Professor Kiggundu specializes in Company Law; Intellectual Property; Mercantile Law; and Private International Law. He has published extensively in learned international journals and other publications in the ar- eas of Company Law; Intellectual Property; Mercantile Law; and Private In- ternational Law. He is the author ofCompany and Partnership Law in Botswana (2000);Mercantile Law in Botswana: Cases and Materials (1998);Private Interna- tional Law in Botswana: Cases and Materials(2002);How to Study Law in Botswana (2004);Botswana Company Law Service (2005); and he is the co-author ofA Guide to Intellectual Property Law in Botswana(2001).

Mogomme Alpheus Masoga(Phd) was at the time of contributing to this book, employed by the National Research Foundation (NRF), Pretoria, South Africa.

Kgomotso Moahiis a lecturer in Library and Information Studies at the University of Botswana. She teaches in the areas of health information sys- tems and information science in general. Her research interests are in health information systems, indigenous knowledge systems and intellectual prop- erty rights. She also has an interest in information systems in general, and in particular in how such systems can be brought to bear on development. Kgomotso Moahi holds a PhD in Library and Information Studies, and is currently heading the Department of Library and Information Studies.

Isaac MazondeHuman Geography in the Uni-is an Associate Professor of versity of Botswana, where he has worked since 1978 when he joined as a