The legitimacy of indigenous intellectual property rights’ claims
Date
2016-01
Authors
Wanjiku, Karanja
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University Press
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.
Description
Article
Keywords
Intellectual Property Rights, Indigenous Intellectual Property Rights, Law, indigenous knowledge, intellectual property