• Login
    View Item 
    •   SU+ Home
    • Research and Publications
    • Strathmore University Press
    • SU Journals+
    • Strathmore Law Review
    • SLR - Volume 1, Number 1, January 2016
    • View Item
    •   SU+ Home
    • Research and Publications
    • Strathmore University Press
    • SU Journals+
    • Strathmore Law Review
    • SLR - Volume 1, Number 1, January 2016
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    The legitimacy of indigenous intellectual property rights’ claims

    Thumbnail
    View/Open
    Article (355.3Kb)
    Date
    2016-01
    Author
    Wanjiku, Karanja
    Metadata
    Show full item record
    Abstract
    The notions of indigenous peoples, indigenous knowledge, and heritage and culture have acquired wide usage in international debates on sustainable development and intellectual property protection since the turn of the 20th century. This paper, through an examination of the concept of intellectual property and its intersection with culture and heritage, elucidates the nature and scope of indigenous intellectual property rights as represented by traditional knowledge, traditional cultural expressions and genetic resources. This paper, through a review of the interface between indigenous knowledge systems and the intellectual property law regime, illustrates the limitations of conventional intellectual property rights systems i.e.: copyright, patent, trade secrets and trademark in providing adequate recognition and protection for indigenous intellectual property rights. It also posits that the establishment of a sui generis system of protection offers a plausible solution to the inadequacy of the existing regimes of protection. This paper ultimately seeks to illustrate indigenous people’s legitimate rights to control, access and utilize in any way, including restricting others’ access to, knowledge or information that derives from their unique cultural histories, expressions, practices and contexts, towards the creation of a better society.
    URI
    http://hdl.handle.net/11071/4673
    Collections
    • SLR - Volume 1, Number 1, January 2016 [13]

    DSpace software copyright © 2002-2016  DuraSpace
    Contact Us | Send Feedback
    Theme by 
    Atmire NV
     

     

    Browse

    All of SU+Communities & CollectionsBy Issue DateAuthorsTitlesSubjectsThis CollectionBy Issue DateAuthorsTitlesSubjects

    My Account

    Login

    DSpace software copyright © 2002-2016  DuraSpace
    Contact Us | Send Feedback
    Theme by 
    Atmire NV