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The Minister of Trade and Industry (the dti), Dr Rob Davies, says that the
Intellectual Property Laws Amendment Bill seeks to provide protection for Indigenous Knowledge (IK) through the Intellectual Property Law system. Davies was presenting the Bill in the National Assembly, Parliament, today.

He said this indigenous knowledge includes knowledge generated and owned by communities, and this may be knowledge about medical practices, production of food products or cultural expressions, songs designs or whatever.

‘The Intellectual Property (IP) Bill seeks to amend the Performers Protection Act, Trade Marks Act, Copyright Act and Designs Act. The main thrust of the Bill is that no registration of IP that is based on IK will be able to be effected without 1) mandatory disclosure of the IK element, 2) prior informed consent by IK owners, and 3) without a benefit sharing arrangement entered into with the relevant IK owners. By their nature, these principles undoubtedly give power back to indigenous communities who are the rightful owners of indigenous knowledge’ he said.

He told Parliament that the Intellectual Property (IP) Bill provides for establishment of appropriate structures to facilitate the implementation of the IP Bill when it comes into legal force. These structures are the National Council, the National Trust and Trust Fund, as well as recognition of community structures and collecting societies.

The Minister said that the Bill is fully compatible with all international treaties to which South Africa is a party.

‘National treatment and reciprocity principles are appropriately observed in this Bill. Further, the Bill does not intend to expropriate any IK related IP rights that were previously granted prior to this Bill coming into force’ added Davies.

Davies mentioned that in preparation for implementation, the dti is already developing a comprehensive strategy to take this IP Bill to indigenous communities in the most accessible and simple form. He said in order to fastrack this, the department and Congress of Traditional Leaders of South Africa (Contralesa) will be entering into Memorandum of Agreement (MOA) that will facilitate outreach programme.

‘A Launch Conference on the MOA will take place in November 2011 where sub-programmes and activities will be unveiled. The above strategy will be complemented by the development of field workers who will be deployed in all nine provinces. This will be in addition to cooperation with other sister departments such as Department of Agriculture, Forestry and Fisheries, Department of Rural Development, Department of Cooperative Governance and Traditional Affairs and Department of Arts and Culture’ said Davies.

The Bill is an outcome of two policy processes, namely, the development of the Indigenous Knowledge Systems (IKS) Policy adopted in 2004 and the Policy on Protection of Indigenous Knowledge (IK) through the IP system in 2007.