WIPO Journal - World Intellectual Property Organization

156 The WIPO Journal
the use of natural products and knowledge held by indigenous and local communities is important since
it might assist in the development of traditional medicines that might contribute to the fight against
HIV/AIDS. 58
As other nations move to implement the international obligations arising out of the CBD, WIPO and
other forums, they will need to address the same issues Botswana has addressed in its legislation: whether
to accommodate IKS protection within existing law; ownership issues; the basis of entitlement; duration;
exploitation and remuneration; and the recognition of and governance by indigenous peoples. Doubtless,
there are numerous ways to answer these questions. However, formulating the answers requires governments
to grapple with challenging practical issues. As IKS protection moves from laudable principle and
recognition of stakeholders to practical legislation, other nations may look to Botswana’s legislation for
a model as to how to answer these and other questions.
58 See Cabinet Memorandum, Industrial Property Bill (No.15 of 2009).
(2011) 2 W.I.P.O.J., Issue 2 © 2011 Thomson Reuters (Professional) UK Limited