Edited by Susy Frankel
Chapter 4: Legal method and interpretation in international IP law: pluralism or systemic coherence
This chapter evaluates new national and regional frameworks for the protection of traditional knowledge associated with genetic resources (aTK) in Africa such as the Swakopmund Protocol for the Protection of Traditional Knowledge and Expressions of Folklore within the Framework of the African Regional Intellectual Property Organisation (ARIPO) 2010; the Kenyan Protection of Traditional Knowledge and Cultural Expressions Act 2016; the Zambian Protection of Traditional Knowledge Genetic Resources and Expressions of Folklore 2016, and the constitutional property jurisprudence of the Republic of South Africa 1996, which provides interpretative context for South Africa’s 2015 Regulations on Bio-prospecting, Access and Benefit-Sharing, of the National Environmental Management Biodiversity Act 2004, which recognise community ownership and management of traditional knowledge (TK).
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