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Nwauche, Enyinna --- "New frameworks for the ownership and licensing of traditional knowledge associated with genetic resources in Africa" [2019] ELECD 1532; in Frankel, Susy (ed), "The Object and Purpose of Intellectual Property" (Edward Elgar Publishing, 2019) 90

Book Title: The Object and Purpose of Intellectual Property

Editor(s): Frankel, Susy

Publisher: Edward Elgar Publishing

Section: Chapter 4

Section Title: New frameworks for the ownership and licensing of traditional knowledge associated with genetic resources in Africa

Author(s): Nwauche, Enyinna

Number of pages: 19

Abstract/Description:

This chapter evaluates new national and regional frameworks for the protection of traditional knowledge associated with genetic resources (aTK) in Africa such as the Swakopmund Protocol for the Protection of Traditional Knowledge and Expressions of Folklore within the Framework of the African Regional Intellectual Property Organisation (ARIPO) 2010; the Kenyan Protection of Traditional Knowledge and Cultural Expressions Act 2016; the Zambian Protection of Traditional Knowledge Genetic Resources and Expressions of Folklore 2016, and the constitutional property jurisprudence of the Republic of South Africa 1996, which provides interpretative context for South Africa’s 2015 Regulations on Bio-prospecting, Access and Benefit-Sharing, of the National Environmental Management Biodiversity Act 2004, which recognise community ownership and management of traditional knowledge (TK).