<h2 class="posttitle">A NEW South Africa Traditional Knowledge Bill – <em>Sui Generis</em> Protection for TK </h2>
<small>Published on 18 March 2012 @ 6:17 pm</small>
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<p><a href="http://www.ip-watch.org/2012/03/18/a-new-south-africa-traditional-knowledge-bill-%E2%80%93-sui-generis-protection-for-tk/?utm_source=post&utm_medium=email&utm_campaign=alerts">http://www.ip-watch.org/2012/03/18/a-new-south-africa-traditional-knowledge-bill-%E2%80%93-sui-generis-protection-for-tk/?utm_source=post&utm_medium=email&utm_campaign=alerts</a></p>
<p>Intellectual Property Watch</p>
<div class="entry">
<p>By <a href="http://www.ip-watch.org/2012/03/18/a-new-south-africa-traditional-knowledge-bill-%e2%80%93-sui-generis-protection-for-tk/?utm_source=post&utm_medium=email&utm_campaign=alerts#bio">Prof. Owen Dean</a></p>
<p><em>[Editor's Note: The author, as holder of a university Chair in
intellectual property law in South Africa, offers an alternative
proposal in answer to a controversial bill on traditional knowledge
which has passed both houses of Parliament and is awaiting promulgation
by the State President.] </em></p>
<p>If you cannot beat them, join them. For that reason this Chair of IP has decided to announce a NEW <em>sui generis</em> Protection of Traditional Knowledge Bill in the hope that something may yet be done to save us all.</p>
<p>Government’s current attempt at protecting traditional knowledge by
amending current IP statutes remains an unmitigated disaster, the scope
of which is yet to be fully realised. This Chair, among many others, has
expressed its distress at the current Traditional Knowledge Bill
(likely to be the Protection of Traditional Knowledge Act soon) in no
uncertain terms. And despite the fact that the Chair’s criticism of the
Bill has been cited with support by some of the world’s foremost
authorities on IP and TK, the Portfolio Committee’s ignorance of these
same facts is only exceeded by Government’s ignorance of (international)
law. As a result, the current TK Bill is likely to survive its journey
across the President’s desk.</p>
<p>For this reason, and after repeated pleas to do so, the Chair has
decided to publish a new and workable TK Bill. This proposal is the work
of the incumbent Chair and proves that TK is better protected by <em>sui generis</em>
legislation. The intention is unmistakable – to illustrate how the Bill
should appear. Although the Chair maintains its earlier position about
the current Bill, this publication is intended to mitigate the calamity
our IP law will face if the Bill in its current format becomes law.
Therefore, the new Bill builds on, expands, corrects and delineates the
scope of the current Bill to make it work (however difficult) as an
independent statute for this (clearly) independent type of work.</p>
<p>Of course, trying to breathe life into the current Bill is an
unenviable task, but at least it goes (a long way) beyond mere criticism
of the current Bill.</p>
<p>Be warned: let it not be said that this Chair is in favour of the
current TK Bill (our views are clear for all to see). However, if you
insist on the current Bill, at least do it properly. Here’s how:</p>
<p><a href="http://www.ip-watch.org/weblog/wp-content/uploads/2012/03/1OD2012.pdf">The Protection of Traditional Knowledge Bill</a> [pdf]</p>
<p><a href="http://www.ip-watch.org/weblog/wp-content/uploads/2012/03/2OD2012.pdf">Synopsis of the Protection of Traditional Knowledge Bill</a> [pdf]</p>
<p>For background, see related <em>IP-Watch</em> Inside Views pieces <a href="http://www.ip-watch.org/2011/11/08/the-mad-hatter-in-wonderland-south-africa%E2%80%99s-new-tk-bill/">here</a>, and <a href="http://www.ip-watch.org/2011/10/06/south-africa-tk-legislation-in-the-new-tradition/">here</a>. </p>
<p><a name="bio"></a><br>
<em><strong>Owen Dean</strong> was appointed as a Professor at the Law
Faculty of Stellenbosch University as of 2011, where he is the incumbent
of the Anton Mostert Chair of Intellectual Property Law. </em></p><em>
<p>He is a consultant and former senior partner at Spoor and Fisher,
intellectual property attorneys, with specialisation in trademark and
copyright law with a special emphasis on litigation and opinion work..
He holds a B.A (Law), LL.B and LL.D from the University of Stellenbosch
in, respectively, 1964, 1966 and 1989, and was admitted to practice as
an attorney in South Africa in 1974, also admitted as an attorney in
Namibia and Botswana. </p>
<p>Dean served on the Government’s Advisory Committee on Intellectual
Property Law for 20 years, including as Chairman of the Copyright
Sub-Committee. He is a Past President of the South African Institute of
Intellectual Property Law. He conceived, and chaired the Drafting
Committee of, the Counterfeit Goods Act, and as well conceived and
drafted Section 15A of the Merchandise Marks Act (ambush marketing). </p>
<p>He is author of the “Handbook of South African Copyright Law”, and
numerous other publications, serving on editorial boards and publishing
in a very wide range of intellectual property publications, and is
frequent speaker at events. </p>
</em><p><em>Dean also holds appointments to the Panel of Adjudicators
for South African Domain Name Disputes, WIPO Panel of Arbitrators for
Domain Name Disputes, Stellenbosch University Business School Panel of
Mediators and IP Panel of Arbitration Federation of South Africa (AFSA).</em></p>
<div class="related"><h3>Related Articles:</h3><ul><li><a href="http://www.ip-watch.org/2011/10/06/south-africa-tk-legislation-in-the-new-tradition/" rel="bookmark" title="Inside Views: South Africa: TK Legislation In The New Tradition">Inside Views: South Africa: TK Legislation In The New Tradition</a></li>
<li><a href="http://www.ip-watch.org/2011/11/08/the-mad-hatter-in-wonderland-south-africa%e2%80%99s-new-tk-bill/" rel="bookmark" title="Inside Views: The Mad Hatter In Wonderland: South Africa’s New TK Bill">Inside Views: The Mad Hatter In Wonderland: South Africa’s New TK Bill</a></li>
<li><a href="http://www.ip-watch.org/2011/03/28/india-wipo-connect-on-traditional-knowledge-protection-with-or-without-patents/" rel="bookmark" title="India, WIPO Connect On Traditional Knowledge Protection, With Or Without Patents">India, WIPO Connect On Traditional Knowledge Protection, With Or Without Patents</a></li>
</ul></div> </div>