Presentation is loading. Please wait.

Presentation is loading. Please wait.

Conventional IP and Indigenous Heritage: The Case for Complementarities and Synergies Eliamani Laltaika Tanzania IPR Network ‘[C]ommon law and other Eurocentric.

Similar presentations


Presentation on theme: "Conventional IP and Indigenous Heritage: The Case for Complementarities and Synergies Eliamani Laltaika Tanzania IPR Network ‘[C]ommon law and other Eurocentric."— Presentation transcript:

1 Conventional IP and Indigenous Heritage: The Case for Complementarities and Synergies Eliamani Laltaika Tanzania IPR Network ‘[C]ommon law and other Eurocentric legal concepts have proved to be more flexible and responsive to the legitimate concerns of indigenous people than conventional wisdom might suggest…. Justice Ronald Sackville High Court of Australia

2 Human Rights There are three main arguments for invoking human rights in the protection of personality rights of traditional and local communities. Firstly, since human rights are for all humans and these communities are also human beings, they are entitled to, among other rights, protection of their dignity

3 National Statutes The current Copyright statute of Tanzania contains a section devoted to protection of folklore (a) folk tales, folk poetry, riddles; (b) folk songs and instrumental folk music; (c) folk dances, plays and artistic forms of rituals; production of folk art, in particular (d) drawings, painting

4 Philosophical Underpinnings Georg Wilhelm Friedrich Hegel (1770-1833) Hegel sees an individual as a part of the community. He sees the society as a connected whole whereupon individuals contribute to the wellbeing of the community and vice versa Lockean Labour Theory

5 Conventional Intellectual Property Doctrines Collective Trademarks:The community may loose the right to its trademark unless it is maintained by use in trade and does not become generic Moral rights:Article 6bis Berne Convention for the Protection of Literary and Artistic Works, Paris Act of 24 July 1971, as amended on 28 September 1979, at 6bis Geographical Indications

6 Conclusion A sui generis law is possible TK and TCEs should remain in the IP purlance Commendable efforts by the Republic of South Africa (TK Bill)


Download ppt "Conventional IP and Indigenous Heritage: The Case for Complementarities and Synergies Eliamani Laltaika Tanzania IPR Network ‘[C]ommon law and other Eurocentric."

Similar presentations


Ads by Google