WIPO Journal - World Intellectual Property Organization

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ISSN: 2041-2029 This journal may be cited as (2011) 2 W.I.P.O.J. 00 The WIPO Journal is published by Sweet & Maxwell, 100 Avenue Road, London NW3 3PF part of Thomson Reuters (Professional) UK Limited (Registered in England & Wales, Company No 1679046. Registered Office and address for service: Aldgate, 33 Aldgate High Street, London, EC3N 1DL). For further information on our products and services, visit www.sweetandmaxwell.co.uk Computerset by Sweet & Maxwell. Printed and bound in Great Britain by MPG Books Ltd, Bodmin, Cornwall. No natural forests were destroyed to make this product; only farmed timber was used and re-planted. Each article and case commentary in this volume has been allocated keywords from the Legal Taxonomy utilised by Sweet & Maxwell to provide a standardised way of describing legal concepts. These keywords are identical to those used in Westlaw UK and have been used for many years in other publications such as Legal Journals Index. The keywords provide a means of identifying similar concepts in other Sweet & Maxwell publications and online services to which keywords from the Legal Taxonomy have been applied. Keywords follow the taxonomy logo at the beginning of each item. The index has also been prepared using Sweet & Maxwell’s Legal Taxonomy. Main index entries conform to keywords provided by the Legal Taxonomy except where references to specific documents or non-standard terms (denoted by quotation marks) have been included. Readers may find some minor differences between terms used in the text and those which appear in the index. Please send any suggestions to sweetandmaxwell.taxonomy@thomson.com. Copies of articles from W.I.P.O.J. and other articles, cases and related materials can be obtained from DocDel at Sweet & Maxwell’s Yorkshire office. Current rates are: £6.95 + copyright charge + VAT per item for orders by post and DX. Fax delivery is guaranteed within 15 minutes of request and is charged at an additional £1.15 per page (£2.15 per page outside the UK). For full details and to order contact DocDel on: • Tel 01422 888 019 • Fax 01422 888 001 • Email sweetandmaxwell.docdel@thomson.com • Go to http://www.sweetandmaxwell.co.uk/our-businesses Please note that all other enquires should be directed to Sweet & Maxwell, 100 Avenue Road, London, NW3 3PF; Tel 020 7449 1111; Fax 020 7449 1144. Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen’s Printer for Scotland. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, or stored in any retrieval system of any nature without prior written permission, except for permitted fair dealing under the Copyright, Designs and Patents Act 1988, or in accordance with the terms of a licence issued by the Copyright Licensing Agency in respect of photocopying and/or reprographic reproduction. Application for permission for other use of copyright material including permission to reproduce extracts in other published works shall be made to the publishers. Full acknowledgement of author, publisher and source must be given. Thomson Reuters and the Thomson Reuters Logo are trademarks of Thomson Reuters. Sweet & Maxwell ® is a registered trademark of Thomson Reuters (Professional) UK Limited. © 2011 The World Intellectual Property Organization and contributors. Published in association with Sweet & Maxwell.
The Juridification of Indigenous Knowledge Systems in Botswana John Kiggundu * LLB (Hons) (Makerere); LLM, PhD (London), Dip L.P (LDC), FSALS, Professor, Department of Law, University of Botswana; Research Fellow, School of Law, College of Law, University of South Africa; Southern Illinois University Distinguished Fellow in Intellectual Property Law (2009). Botswana; Traditional knowledge The debate as to how to best protect IKS through juridication has gone on for decades. Since 2000 Botswana has embarked on a process of enacting IP legislation with provisions which protect IKS as part of mainstream IP. This article examines this juridification process as set out in the Industrial Property Act 2010. The article analyses the salient provisions of the Act relating to IKS of an industrial nature and concludes that Botswana has successfully addressed the challenges of juridification of IKS. 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 best protect and harness IKS. The background The protection of traditional knowledge or indigenous knowledge systems (IKS) has attracted tremendous attention throughout the world. Many countries and individuals have embraced the goal of protecting IKS. Widespread IKS protection appears to be closer to realisation than ever before. As IKS protection moves from broad principle to international agreement, the hard work of drafting national laws looms large. Recent IKS legislation in Botswana may provide some lessons for this next, challenging step. Great strides have been made recently in international recognition and protection of IKS. After nearly two decades of discussion pursuant to the Convention on Biological Diversity (CBD), the parties negotiated and adopted in October 2010 a supplementary agreement on access and benefit sharing with respect to genetic resources. The agreement, known as the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation, includes provisions regarding traditional knowledge related to using genetic resources. 1 Meanwhile, as of this writing, Member States of the World Intellectual Property Organization (WIPO) 2 are engaged in text-based negotiations of a treaty * I am greatly indebted to Professor Mark Schultz of the Faculty of Law, Southern Illinois University for his constructive suggestions and comments which tremendously assisted me in developing this article. The usual disclaimer applies. 1 Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS) to the Convention on Biological Diversity, text available at http://www.cbd.int/abs/text/ [Accessed March 25, 2011]. 2 The process, which is being carried on by a body in WIPO known as the WIPO Intergovernmental Committee began its work in 2001. After 10 years, the negotiations appear to have entered a new, more intense phase that is working toward a final product. (2011) 2 W.I.P.O.J., Issue 2 © 2011 Thomson Reuters (Professional) UK Limited 143
Page 1 and 2: THE WIPO JOURNAL: ANALYSIS OF INTEL
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Page 7 and 8: Indigenous knowledge systems and ex
Page 9 and 10: One of the unresolved issues was wh
Page 11 and 12: The Juridification of Indigenous Kn
Page 13 and 14: Registration of traditional knowled
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Page 17 and 18: Asia and America where it is sold c
Page 19 and 20: The Economic Effects of Geographica
Page 23 and 24: minimum quality standards for regio
Page 25 and 26: Belletti et al. used a case-study a
Page 31 and 32: Sensitivity analysis As shown in Ta
Page 33 and 34: the domestic perspective. This addi
Page 35 and 36: Filing date requirements under the
Page 39 and 40: • while some provisions of the PL
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Page 43 and 44: However, it was noted in the Workin
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Filing date requirements under the
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Not introducing the PLT requirement
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on the future direction of global I
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IP in Global Governance: A Venture
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negotiated. 28 Similarly, the WIPO
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IP overreach: The dangers of a boom
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As part of the social cost or the
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“geographical, historical and reg
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facilitated the integration of the
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Competition Law and IP Abuse Preven
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Although the TRIPS Agreement has be
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vertical licensing agreements; and
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“• the refusal relates to a pro
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Nevertheless, so far as s.51(1) is
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“In bridging the different polici
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a third party’s access to their I
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Competition Law and IP Abuse Preven
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should further take into account
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Cumulative Index This index has bee
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Parallel imports economics and law,
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*412409* 2011 VOLUME 2 ISSUE 2 THE
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