The value and utility of traditional knowledge in conserving and commercialising genetic resources are increasingly becoming apparent due to advances in biotechnology and bioprospecting. However, the absence of an international legally binding instrument within the WIPO system means that traditional knowledge associated with genetic resources is not sufficiently protected like other forms of intellectual property. This means that indigenous peoples and local communities (IPLCs) do not benefit from the commercial exploitation of these resources. The efficacy of domestic tools to protect traditional knowledge and in balancing the rights of IPLCs and intellectual property rights (IPRs) is still debated. This paper employs a doctrinal research methodology based on desktop research of international and regional law instruments and the Constitution of the Republic of South Africa, 1996, to determine the basis for balancing the protection of genetic resources and associated traditional knowledge with competing interests of IPLCs and IPRs in South Africa.

In this workshop, we will explore the role of innovation in supporting traditional practices that conserve agricultural heritage systems.  

Traditional agricultural practices, often rooted in the local communities and the knowledge [...]

The government's recent traditional knowledge digital library will send data to patent offices abroad, so that indigenous knowledge that India abundantly has is not patented overseas. Following India's example, other nations too are showing interest in similarly protecting their interests. Ramesh Menon reports.