1. Collective decision making
What is a community?
Community
Shared ethnicity
Shared values
Common cause
Collective decision making
An indigenous community for the purposes of the Bill could be any group of people who live in SA.
The Bill seems to acknowledge the dynamism of the ‘traditional’ and its only requirement for legitimacy is its recognition as such by an indigenous community

2. Triggers for protection
Aspirational
Defensive
Protection is triggered either by an aspiration towards an economic opportunity (e.g. royalties) or a need to defend its collective nature (e.g. to prevent appropriation and to allow free non-commercial use).
The Bill is a mix of but raises the question of who benefits from the opportunities and sets the terms of use

3. Public domain vs. public availability
Indigenous community
Traditional knowledge (TK)
Public domain/availability
Protection under the bill is linked to knowledge in the public domain. If knowledge is a secret, then the ‘indigenous community/company’ can get standard IPR protections and don’t need the database
- The TK is ‘publicly available’. The Bill recognizes and undercuts this by denying the community the right to set the terms of access

4. -Community contribution versus state collection
The Database
Community contributions
Public
DATABASE
Defensive and aspirational
-Community contribution versus state collection
Indian model- PBR (community led and focused on rights recognition) versus TKDL (state led and restricted access-defensive).
So who decides when TK is actually in the public domain for it to then be owned by the State (in the case of the Bill- the Fund)

5. General beneficiaries
TRUST FUND
Trust fund
New and continued use
General beneficiaries
A utilization approach to royalties and challenges of retroactivity
Bioprospecting trust fund versus traditional intellectual property trust fund- general beneficiaries versus specific beneficiaries

6. Challenge based models
Rights based approach to TK
Protection based approach to TK
State owns all knowledge in public domain and wants to keep it in the public domain
State owns all knowledge in public domain and wants to profit from its use
Communities own their knowledge and set terms of access and benefit sharing
Community knowledge commons that foreground community values of knowledge sharing