The legal implications of the WIPO treaty on intellectual property, genetic resources and associated traditional knowledge on indigenous peoples of Uganda and Kenya

Indigenous Peoples in Uganda and Kenya continue to face the misappropriation of their Traditional Knowledge associated with Genetic Resources, often without their free, prior, and informed consent or fair compensation. Despite the adoption of international instruments and the enactment of domestic legislation aimed at protecting Traditional Knowledge, gaps in enforcement and governance persist, leaving Indigenous communities vulnerable. In response to these global challenges, the World Intellectual Property Organisation members recently adopted the GR-AKT Treaty to strengthen international protection of Traditional Knowledge associated with Genetic Resources. This study critically analyses the legal implications of the GR-AKT Treaty on Indigenous Peoples in Uganda and Kenya. It examines documented cases of misappropriation, evaluates how both countries engage with their domestic and international obligations, and provides a comparative assessment of their legal frameworks. Further, it explores the potential of the GR-AKT Treaty to address existing shortcomings and its relevance for advancing Indigenous rights within Kenya and Uganda and the East African Community as a whole. The study concludes that while the GR-AKT Treaty offers a promising framework, effective implementation requires robust national reforms, regional cooperation, and the empowerment of Indigenous communities. By highlighting these legal and policy pathways, the research contributes to ongoing debates on the protection of Traditional Knowledge in Africa. It offers actionable recommendations for promoting equity and justice in access and benefit-sharing.

Grantor dc:publisher

University of Pretoria

Year dc:date.issued

2025

Advisor dc:contributor.advisor

• Basimanyane, Dorcas K.

• UCTD
• Sustainable Development Goals (SDGs)
• Traditional Knowledge
• Genetic Resources
• Intellectual Property

Statement dc:rights

• © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.

Language dc:language.iso

en

DOI

Disclaimer Letter

Dc Identifier Other

D2025

OAI identifier oai:identifier

oai:repository.up.ac.za:2263/105527