Olivier Rukundo

Copyright provisions Article 6 A work, except a broadcast, programme-carrying signal or a traditional work, shall not be eligible for copyright unless the work has been written down, recorded, represented in digital data or signals or otherwise reduced to a material form.’’; and (c) by the insertion after subsection (2A) of the following subsection: ‘(2B) A traditional work shall not be eligible for copyright unless it has been written down, recorded, represented in digital data or signals, or otherwise reduced to a material form or communicated to the public.’’.

Introduction: Copyright The domain of copyright is the protection of literary and artistic works. These include writings, music, and works of the fine arts, such as paintings and sculptures, and technology-based works such as computer programs and electronic databases. There are two types of rights under copyright: economic rights (Article 2 of the Berne Convention), which allow the owner of rights to derive financial reward from the use of his works by others, and moral rights (Article 6bis of the Berne Convention), which allow the author to take certain actions to preserve the personal link between himself and the work.

Copyright concept Fixation. Article suggests that IK can only be protected if fixed- This is an obstacle in the protection of TK, which in not always manifested in tangible expressions. ( TK is often unrecorded) Originality. Copyright law requires that a work be "original" in order to merit protection. Since most TK is "traditional" rather than new, this originality requirement will often be difficult to satisfy. The term of protection. The term of protection for copyright in most countries is limited, and not infinite.

Copyright concept The works of intellectual property can only be protected for a limited period, after which the work enters the public domain Copyright protection as stated in the Bill on lasts 50 years What does this entails if the purpose of protecting indigenous knowledge protect it in perpetuity for future generations;

Collective certification Article 19 ‘‘(3) (a) In order to be registrable as a certification trade mark or collective trade mark, a traditional term or expression shall be capable of distinguishing the goods or services of an indigenous community in respect of which it is registered or proposed to be registered, from the goods or services of another community or person, either generally or where the traditional term or expression is registered or proposed to be registered subject to limitations, in relation to use within those limitations. The applicant for registration and the registered proprietor shall be the indigenous community or a person or body authorised to act on its behalf.’’

Collective certification Certification marks used to ascertain that good has met certain standards of quality. Certification marks could be used to specify which Traditional cultural expressions meet the standards of the indigenous community in which they originated Collective trademarks, certification marks, and geographic indicators form a subset of trademark law that could be particularly useful for the protection of TK and TCEs. In order to be useful for protecting TK/TCEs, members of indigenous groups would need to form an association for the purpose of marking their cultural expressions.

Geographic indications Article 18.6 A traditional term or expression may constitute— (a) a certification trade mark or a collective trade mark; and (b) a geographical indication.’’.

Geographic Indications Geographical indications in a broad sense include indications of source, appellation of origin, and geographical indication (in the strict sense). An indication of source means any expression or sign used to indicate that a product or service originates in a country, a region, and a specific place where the product originated. An appellation of origin means the geographical name of a country, region, specific place which serves to designate a product originating therein, the characteristic qualities of which are due exclusively or essentially to the geographical environment, including natural or human factors or both.

Databases Article 40C. (1) There shall be kept at the offices of the registrars of patents, copyright, trade marks and designs, a database for traditional intellectual property in the prescribed manner. (2) All information regarding— (a) traditional innovations; (b) traditional copyright works; (c) traditional terms and expressions; (d) traditional designs; and (e) traditional performances,

Databases Does disclosing indigenous knowledge in a public databases even with controlled access represent an unacceptably high risk of exploitation and destruction? The protection is limited as it does not extend to undocumented and unrecorded TK Used in countries like India with limited success

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