Intellectual Property Rights Laws in the Protection and Re-Appropriation of Indigenous Knowledge Systems Among South African Indigenous Tribes

Abstract

This chapter aims to answer this question: How can indigenous knowledge systems be re-appropriated and protected for the benefit of indigenous knowledge tribes? The chapter utilised literature review to explore the role of intellectual property rights laws, policy frameworks and protocols in the re-appropriation of indigenous knowledge systems in South Africa. The study was guided by the following objectives: the significance of indigenous knowledge among indigenous communities, the effect of cultural appropriation among indigenous communities, the anti-imperialism strategies for the re-appropriation and resignification of indigenous knowledge among indigenous tribes and the role of Intellectual Property Rights laws in the reclamation and protection of indigenous knowledge. Recommendations suggest the need for the protection of indigenous knowledge systems and promote access to indigenous knowledge through re-constitutionalizing rights of intellectual property rights laws, policy and developing standards for ethical professional practice among indigenous tribes.