1. 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.

2. 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

3. 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.

4. 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

5. 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.

6. 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

7. 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

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

9. 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

10. 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

11. 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

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

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

14. 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

15. THANK YOU FOR YOUR ATTENTION