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Enyinna Nwauche

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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Enyinna Nwauche

This chapter undertakes an overview of how Africa’s intellectual property rights frameworks have impacted its creative industries through an understanding of the values, principles and policies through which African States have sought to leverage intellectual property rights to ensure that creative industries become a key part of African economies. To accomplish this task, this chapter sets forth, examines and evaluates different propositions that reflect how intellectual property frameworks have been deployed, neglected or irrelevant to Africa’s creative industries. To undertake its objective this chapter adopts a broad understanding of creative industries as a reference to industries that depend in varying degrees on cultural values, ideas, symbols and rituals.