The role of the Swakopmund Protocol on the protection of traditional knowledge and expressions of folklore in addressing the concerns of the holders of traditional knowledge

Abstract

Due to the shortcomings in protecting traditional knowledge under the intellectual property system, it is considered that traditional knowledge should be protected through sui generis systems which are specifically adapted to its nature. The Swakopmund Protocol is a sui generis system that offers protection for traditional knowledge and expressions of folklore. This dissertation examines the effectiveness of the Protocol in protecting traditional knowledge through the identification of select needs of traditional knowledge holders, a review of how the Protocol addresses these concerns and provides recommendations on how the Protocol can more effectively address the issues of traditional knowledge rights holders. Any improvements to the Protocol will be beneficial to the establishment of a continental framework for the protection of traditional knowledge under the Pan-African Intellectual Property Organisation and the African Continental Free Trade Area and may result in its use as a blueprint for international instruments for the protection of traditional knowledge.