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Towards a clearer definition and understanding of "indigenous community" for the purposes of the Intellectual Property Law Amandment Bill 2010: An eploration of the concepts "indigenous" and "traditional"

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dc.contributor.author Geyer, Sunelle
dc.date.accessioned 2011-04-01T07:39:02Z
dc.date.available 2011-04-01T07:39:02Z
dc.date.issued 2010
dc.identifier.citation Geyer, S. 2010. Towards a clearer definition and understanding of "indigenous community" for the purposes of the Intellectual Property Law Amandment Bill 2010: An eploration of the concepts "indigenous" and "traditional". Potchefstroom electronic law journal (PELJ) = Potchefstroomse elektroniese regsblad (PER), 13(4):127-143 [http://www.nwu.ac.za/p-per/index.html] en
dc.identifier.issn 1727-3781
dc.identifier.uri http://hdl.handle.net/10394/4066
dc.description This article is based on a paper delivered at the Conference on Traditional Knowledge in Legal Context held at the Potchefstroom Campus of North-West University, South Africa, on 17 and 18 March 2009
dc.description.abstract Although "indigenous" and "traditional" are key concepts in the Intellectual Property Laws Amendment Bill of 2010, they are not defined therein. The Bill does, however, provide a definition of "indigenous community" that is very clear as to where one should look for indigenous communities for the purposes of this Bill, and that there is likely to be a plurality of such communities, but is very vague as to which groups exactly will qualify as being indigenous. It is uncertain whether or not the current vague wording of the definition would be strong enough to widen the much narrower understanding of indigenousness prevailing in other South African legislation, the legislation of selected other jurisdictions, and the United Nations. Recommendations are made as to how the definition of an "indigenous community" may be rephrased to address these uncertainties more clearly. en
dc.language.iso en en
dc.publisher North-West University (Potchefstroom Campus), Faculty of Law en
dc.subject Indigenous community en
dc.subject Intellectual property en
dc.subject Indigenous en
dc.subject Traditional en
dc.title Towards a clearer definition and understanding of "indigenous community" for the purposes of the Intellectual Property Law Amandment Bill 2010: An eploration of the concepts "indigenous" and "traditional" en
dc.type Article en


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