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Commercialisation of traditional knowledge in South Africa: whether the existing intellectual property framework encourages commercialisation.
Intellectual Property today as internationally recognised covers patents, industrial designs, copyright, trademarks, know-how and confidential information. 1 The current available modes for protecting Intellectual Property (IP) in the Republic of South Africa (RSA) are Patents, Trade Secrets, Copyri...
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| Format: | Thesis |
| Language: | English |
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Department of Public Law
2023
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| _version_ | 1867613187823632385 |
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| access_status_str | Open Access |
| author | Agan, William |
| author2 | Tong, Lee-ann |
| author_browse | Agan, William Tong, Lee-ann |
| author_facet | Tong, Lee-ann Agan, William |
| author_sort | Agan, William |
| collection | Thesis |
| description | Intellectual Property today as internationally recognised covers patents, industrial designs, copyright, trademarks, know-how and confidential information. 1 The current available modes for protecting Intellectual Property (IP) in the Republic of South Africa (RSA) are Patents, Trade Secrets, Copyrights, Trademarks and Industrial Design. Common law remedies are also available to parties whose rights have been infringed. The legislations governing these Intellectual Property (IP) regimes were passed at different periods, some before South Africa became a republic in 1963 and others thereafter, while others were passed after the abolition of apartheid in 1990. For those legislations passed before the Trade Related Aspects of Intellectual Prope1iy Rights (TRIPs) in 1994, the RSA had to amend or repeal and enact laws which are TRIPs compatible. However, an area of IP for Indigenous people, also known as Traditional Knowledge (TK), has not been adequately protected due to complexities which cannot be accommodated by an international IP regime. This has led to poor or inadequate commercialisation of TK. TK is also not provided for by TRIPs, thus relegating it further. The scope of this paper is limited to commercialisation of TK. However, it must be appreciated that _ commercialisation cannot take place in a vacuum. Thus protection of TK is a prerequisite to its commercialisation. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/38918 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:32:09.918Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | Department of Public Law |
| publisherStr | Department of Public Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/38918 Commercialisation of traditional knowledge in South Africa: whether the existing intellectual property framework encourages commercialisation. Agan, William Tong, Lee-ann Intellectual property Intellectual Property today as internationally recognised covers patents, industrial designs, copyright, trademarks, know-how and confidential information. 1 The current available modes for protecting Intellectual Property (IP) in the Republic of South Africa (RSA) are Patents, Trade Secrets, Copyrights, Trademarks and Industrial Design. Common law remedies are also available to parties whose rights have been infringed. The legislations governing these Intellectual Property (IP) regimes were passed at different periods, some before South Africa became a republic in 1963 and others thereafter, while others were passed after the abolition of apartheid in 1990. For those legislations passed before the Trade Related Aspects of Intellectual Prope1iy Rights (TRIPs) in 1994, the RSA had to amend or repeal and enact laws which are TRIPs compatible. However, an area of IP for Indigenous people, also known as Traditional Knowledge (TK), has not been adequately protected due to complexities which cannot be accommodated by an international IP regime. This has led to poor or inadequate commercialisation of TK. TK is also not provided for by TRIPs, thus relegating it further. The scope of this paper is limited to commercialisation of TK. However, it must be appreciated that _ commercialisation cannot take place in a vacuum. Thus protection of TK is a prerequisite to its commercialisation. 2023-09-27T16:46:05Z 2023-09-27T16:46:05Z 2013 2023-08-03T12:36:34Z Thesis Other LLM http://hdl.handle.net/11427/38918 eng application/pdf Department of Public Law Faculty of Law |
| spellingShingle | Intellectual property Agan, William Commercialisation of traditional knowledge in South Africa: whether the existing intellectual property framework encourages commercialisation. |
| title | Commercialisation of traditional knowledge in South Africa: whether the existing intellectual property framework encourages commercialisation. |
| title_full | Commercialisation of traditional knowledge in South Africa: whether the existing intellectual property framework encourages commercialisation. |
| title_fullStr | Commercialisation of traditional knowledge in South Africa: whether the existing intellectual property framework encourages commercialisation. |
| title_full_unstemmed | Commercialisation of traditional knowledge in South Africa: whether the existing intellectual property framework encourages commercialisation. |
| title_short | Commercialisation of traditional knowledge in South Africa: whether the existing intellectual property framework encourages commercialisation. |
| title_sort | commercialisation of traditional knowledge in south africa whether the existing intellectual property framework encourages commercialisation |
| topic | Intellectual property |
| url | http://hdl.handle.net/11427/38918 |
| work_keys_str_mv | AT aganwilliam commercialisationoftraditionalknowledgeinsouthafricawhethertheexistingintellectualpropertyframeworkencouragescommercialisation |