South Africa’s Proposed Intellectual Property Law: the Need for Improved Regional Cooperation

Abstract

The paper analyses the provisions of South Africa’s Intellectual Property Laws Amendment Bill and the Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions of Folklore (2010) (the Swakopmund Protocol) of the African Regional Intellectual Property Organisation (ARIPO). The author’s analysis focuses on the protection of regional or cross-border traditional cultural expressions from misappropriation, arguing that a more coordinated approach is required for a workable system to emerge.