A critical analysis of the protection of traditional knowledge within the Namibian legal system

Namibia is well known for its unique climate and ecological profile hence its biodiversity, which comprises wild and cultivated species and varieties. The country’s relative isolation has contributed to the maintenance of a unique genetic resource base. There are many naturally occurring plants and animals that have been used since time immemorial by local people as a source of food security, primary health and for their general livelihood, which could be exploited for commercial purposes. There is a growing international interest in bio trade with, and bio prospecting in, Namibia. This paper examines Traditional Knowledge (TK) and Intellectual Property Rights (IPR’s)6within the Namibian context. It further examines whether the protection under the current Namibian intellectual property (IP) framework sufficiently protects all types of indigenous TK against exploitation. The rationale for the examination stems from a draft policy on ‘Access to Genetic Resources and the Protection of Associated Traditional Knowledge’. There is little knowledge about the genetic resources that have left Namibia, those that are still here, and their biological and conservation status. The associated problems, concerns and threats underscore the need for policies and legislation to regulate access to genetic resources, to protect TK and practices, and to facilitate the equitable sharing of benefits from the use of genetic resources.

Grantor dc:publisher.institution

Intellectual Property Research Unit

Year dc:date.issued

2014

Author dc:creator

• Vilho, Aina N

Advisor dc:contributor.advisor

• Nkomo, Marumo

Language dc:language.iso

eng

Handle dc:identifier.uri

http://hdl.handle.net/11427/13036

OAI identifier oai:identifier

oai:open.uct.ac.za:11427/13036