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An analysis of the registration of traditional product names, terms, symbols and other cultural expressions as trademarks in Namibia
Includes bibliographical references.
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| Main Author: | |
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| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Intellectual Property Research Unit
2015
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| _version_ | 1867613237884747776 |
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| access_status_str | Open Access |
| author | Nghihalwa, Saima Litauleni |
| author2 | Nkomo, Marumo |
| author_browse | Nghihalwa, Saima Litauleni Nkomo, Marumo |
| author_facet | Nkomo, Marumo Nghihalwa, Saima Litauleni |
| author_sort | Nghihalwa, Saima Litauleni |
| collection | Thesis |
| description | Includes bibliographical references. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/12934 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:32:57.328Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2015 |
| publishDateRange | 2015 |
| publishDateSort | 2015 |
| publisher | Intellectual Property Research Unit |
| publisherStr | Intellectual Property Research Unit |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/12934 An analysis of the registration of traditional product names, terms, symbols and other cultural expressions as trademarks in Namibia Nghihalwa, Saima Litauleni Nkomo, Marumo Intellectual Property Law Includes bibliographical references. Protection of traditional knowledge and traditional cultural expressions of indigenous communities is one of the most contentious and complicated issues on both international and national agendas. The historical development of the protection of intellectual property in the wake of the industrial revolution and its subsequent jurisprudential justification, based on private property rights, pushed TK and the practice based on it, outside the purview of the formal intellectual protection regime. There is substantial evidence that TK has in past decades been used in a range of industries and has accordingly led to new products as well as the development of existing products. Evidence of this can be found in the areas of special foods and beverages, the cosmetic sector, personal care, agriculture, horticulture and pharmaceuticals. Industries sometimes make use of this knowledge to formulate new products, which they do in a slightly different manner so as to market the products as their own. Currently, there are certain products in Namibia that use the traditional terms of products as trademarks. Despite the fact that some of these terms are not registered with the Ministry of Trade and Industries, these owners enjoy common law protection under trademark law. This is especially so for well-known products such as Omaere milk, which is a product of the Namibia Dairies (Pty) Ltd. The term Omaere is used by the OvaHerero and OvaHimba speaking communities of Namibia and Botswana to refer to traditionally processed curdled milk. The Namibian Dairies (Pty) Ltd has been making use of this name for one of their curdled milk products for more than 15 years. During this period the company has done such excessive marketing of the product that this name has come to be regarded as their trademark. Reviewing it from this perspective, one can conclude that no-one else could use this name to refer to their milk products, as it has come to be considered as a product of the Namibia Dairies. 2015-05-27T04:12:49Z 2015-05-27T04:12:49Z 2014 Master Thesis Masters LLM http://hdl.handle.net/11427/12934 eng application/pdf Intellectual Property Research Unit Faculty of Law University of Cape Town |
| spellingShingle | Intellectual Property Law Nghihalwa, Saima Litauleni An analysis of the registration of traditional product names, terms, symbols and other cultural expressions as trademarks in Namibia |
| thesis_degree_str | Master's |
| title | An analysis of the registration of traditional product names, terms, symbols and other cultural expressions as trademarks in Namibia |
| title_full | An analysis of the registration of traditional product names, terms, symbols and other cultural expressions as trademarks in Namibia |
| title_fullStr | An analysis of the registration of traditional product names, terms, symbols and other cultural expressions as trademarks in Namibia |
| title_full_unstemmed | An analysis of the registration of traditional product names, terms, symbols and other cultural expressions as trademarks in Namibia |
| title_short | An analysis of the registration of traditional product names, terms, symbols and other cultural expressions as trademarks in Namibia |
| title_sort | analysis of the registration of traditional product names terms symbols and other cultural expressions as trademarks in namibia |
| topic | Intellectual Property Law |
| url | http://hdl.handle.net/11427/12934 |
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