Legitimacy of Indigenous Intellectual Property Rights’ claims

Wanjiku Karanja

doi:10.52907/slr.v1i1.88

Abstract

The notions of indigenous peoples, indigenous knowledge, and heritage and culture have acquired wide usage in international debates on sustainable development and intellectual property protection since the turn of the 20th century. This paper, through an examination of the concept of intellectual property and its intersection with culture and heritage, elucidates the nature and scope of indigenous intellectual property rights as represented by traditional knowledge, traditional cultural expressions and genetic resources. This paper, through a review of the interface between indigenous knowledge systems and the intellectual property law regime, illustrates the limitations of conventional intellectual property rights systems i.e.: copyright, patent, trade secrets and trademark in providing adequate recognition and protection for indigenous intellectual property rights. It also posits that the establishment of a sui generis system of protection offers a plausible solution to the inadequacy of the existing regimes of protection. This paper ultimately seeks to illustrate indigenous people’s legitimate rights to control, access and utilize in any way, including restricting others’ access to, knowledge or information that derives from their unique cultural histories, expressions, practices and contexts, towards the creation of a better society.

Highlights

Intellectual property as a legal concept involves the protection of the legal rights that result from creations of the mind such as: inventions, literary and artistic works, symbols, names as well as images and designs that are used in Strathmore Law Review, January 2016Wanjiku Karanja commerce.[1]
The United International Bureau for the Protection of Intellectual Property was the forerunner of the present day World Intellectual Property Organisation (WIPO) that was established by treaty as an agency of the United Nations in 1967.7 WIPO’s mandate is to lead the development of a balanced and effective international intellectual property system that fosters innovation and creativity as well as to provide a forum for intellectual property services, policy, information and cooperation
The Legitimacy of Indigenous Intellectual Property Rights’ claims the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions.[8]

Summary

Introduction

Intellectual property as a legal concept involves the protection of the legal rights that result from creations of the mind such as: inventions, literary and artistic works, symbols, names as well as images and designs that are used in. The Legitimacy of Indigenous Intellectual Property Rights’ claims the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions.[8] Kenya’s intellectual property law regime is encompassed in the: Constitution of Kenya (2010),[9] Trademarks Act,[10] Copyright Act,[11] Industrial Property Act,[12] The Seeds and Plant Varieties Act[13] and international intellectual property treaties, conventions or instruments to which Kenya is a party.[14]. The point of convergence between intellectual property law and culture is represented by the concept of indigenous intellectual property

Indigenous Intellectual Property

Originality

Public Domain

Findings

Conclusion