ACHIEVING EFFECTIVE PROTECTION OF TK Why the Protection of Traditional Knowledge Bill (“PTK Bill”) is the Preferred Option. Prof OH Dean Head: Anton Mostert Chair of Intellectual Property Law.

INTELLECTUAL PROPERTY Adapted to provide protection for TK Family of property rights Existing family members include patents, trade marks, copyright, designs Each family member has its own statute customized for it

TRADITIONAL KNOWLEDGE New member of the IP family Different from other family members as are they from each other Like other family members, it requires its own customized statute Designs not protected in the Patents Act and copyright not protected in the Trade Marks Act.

SUI GENERIS TK ACT Enables TK to be properly dealt with as unique and special form of IP Treats TK as property of equal status to patents, copyright etc TK not inferior form of property that must masquerade as another member of IP family

PTK BILL Customized legislation that deals with protection of TK Treats TK as worthy and proud, independent member of IP family Crafted to deal specifically with the unique and special characteristics of TK to achieve maximal protection and economic opportunity.

PTK BILL (continued) Designed within the parameters of IPLAB and to achieve the same objectives Does not try to force TK into the (ill- suited) clothing of other IP family members Appropriate because TK is not “second class citizen” in IP family

ELEMENTS OF PTK BILL Creates new member of IP family – Traditional Knowledge Three sub-categories i.e. Traditional Work, Traditional Design, Traditional Mark Customized conditions for subsistence

ELEMENTS OF PTK BILL (continued) Ownership Duration Scope of rights Enforcement Licensing Register Institutions

IPLAB Has been roundly condemned by judges, academics and professionals Described as being “fundamentally flawed” and unworkable Gives TK “second class citizen” status Is at variance with informed and international thinking and trends Is contrived and irrational

PUBLIC APPRAISAL OF PTK BILL Numerous comments received General approval No criticism of fundamentals and in particular of sui generis approach Considered to be workable and practical Suggestions on detail which will be critically assessed and followed where appropriate

TRADITIONAL COMMUNITIES Principal beneficiaries of TK protection PTK explained to, and canvassed with, Council of Traditional Leaders Elicited favourable comment PTK Bill designed to maximise benefits to traditional communities as compared to IPLAB

COMPARISON OF PTK AND IPLAB PTK will work in practice: IPLAB will not Ownership of TK Trust Fund Licensing Deprivation of IP rights Complexity

COMPARISON (continued) Compatibility with WIPO approach and international trends WIPO report RIA report International protection

RECOMMENDATIONS IPLAB to be stayed PTK Bill to be approved in principle PTK Bill to be amended if appropriate pursuant to public comments Council of Traditional Leaders given opportunity to make informed choice

THANK YOU FOR YOUR ATTENTION