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Protection, Promotion, Development and Management of Indigenous Knowledge Act, 2019 (No. 6 of 2019).

Country/Territory
South Africa
Document type
Legislation
Date
2019
Source
FAO, FAOLEX
Original source
Government Gazette No. 42647 of 19 August 2019.
Long title
An Act to provide for the protection, promotion, development and management of indigenous knowledge; to provide for the establishment and functions of the National Indigenous Knowledge Systems Office; to provide for the management of rights of indigenous knowledge communities; to provide for the establishment and functions of the Advisory Panel on indigenous knowledge; to provide for access and conditions of access to knowledge of indigenous communities; to provide for the recognition of prior learning; to provide for the facilitation and coordination of indigenous knowledge-based innovation; and to provide for matters incidental thereto.
Subject
Wild species & ecosystems
Keyword
Basic legislation Access and benefit-sharing Intellectual property rights/patents Traditional knowledge/indigenous knowledge Concession Contract/agreement Certification Dispute settlement Institution Legal proceedings/administrative proceedings Indigenous peoples PIC-prior informed consent
Geographical area
Africa, South Atlantic, Southern Africa
Abstract

This Act provides rules relative to the use of indigenous knowledge, i.e. knowledge which has been developed within an indigenous community and has been assimilated into the cultural and social identity of that community, and includes— (a) knowledge of a functional nature; (b) knowledge of natural resources; and (c) indigenous cultural expressions. The objects of this Act are to— (a) protect the indigenous knowledge of indigenous communities from unauthorised use, misappropriation and misuse; (b) promote public awareness and understanding of indigenous knowledge for the wider application and development thereof; (c) develop and enhance the potential of indigenous communities to protect their indigenous knowledge; (d) regulate the equitable distribution of benefits; (e) promote the commercial use of indigenous knowledge in the development of new products, services and processes; (f) provide for registration, cataloguing, documentation and recording of indigenous knowledge held by indigenous communities; (g) establish mechanisms for the accreditation of assessors and the certification of indigenous knowledge practitioners; and (h) recognise indigenous knowledge as prior art under intellectual property laws.

Full text
English
Website
www.gov.za