Kebijakan Hukum Perlindungan Pengetahuan Tradisional (Traditional Knowledge) di Afrika Selatan

Abstract

Traditional knowledge is a collection of knowledge, skills and practices developed within an indigenous community group, thus forming a separate identity, and being passed on from one generation to the next. This traditional knowledge is known and transmitted orally so it is difficult to prove in the future. Therefore it requires protection that can provide benefits to indigenous peoples who have this inheritance. This study aims to determine whether policies regarding traditional knowledge in South Africa are in accordance with various applicable international laws. This research is a normative literature study. The results of this study are that traditional knowledge remains extremely difficult to impart because the knowledge produced is difficult to prove simply because it is passed down orally, besides that the rules that are enforced are still limited even though he Nagoya Protocol has been ratified as well as rules regarding natural resources, biological or genetic resources as well as traditional knowledge, namely the National Environment Management Biodiversity Act 2004 has been enacted and amended by the National Environmental Management through Law No. 14 of 2013, in addition to the Amendment of Patents Law 2005 as well as the Intellectual Property Law No. 28 of 2013 to protect existing traditional knowledge in the country. One of the foresaid knowledge is the use of hoodia plant as an anti-obesity drug.