The Protection of Indigenous Knowledge in Africa

This book provides a comprehensive contemporary and timely account of the protection of indigenous knowledge in Africa by examining issues such as the nature of indigenous knowledge as part of indigenous property and as the fulcrum of indigenous communities in Africa. Acknowledging the centrality of the members of communities of origin in the production and reproduction of indigenous knowledge, this book discusses options to manage the tension between members of the community, communities of origin and their political community.

Furthermore, the book abandons the conceptual distinction between ‘negative’ and ‘positive’ protection and turns towards a subject consideration of indigenous Scientific and Technical Indigenous Knowledge (STIK); indigenous heritage; indigenous designs; indigenous music; indigenous audio-visual, indigenous signs expressions and terms as well as the indigenous literary works that are examined within the context of case studies of the indigenous knowledge human and peoples’ rights. The book concludes that Africa’s modest record of the protection of indigenous knowledge must factor in its extensive use as the foundation of Africa’s entertainment industry and recommends a tripod of ‘community’ ‘participation’ and ‘reward as principles of effective protection.

Building on the 2017 title of ‘The Protection of Traditional Cultural Expressions in Africa” this book adopts a mixed method of a legal pluralistic account of indigenous knowledge; using intellectual property as a lens to view indigenous knowledge and a cultural production account of indigenous knowledge and will be useful to intellectual property lawyers; sociologists; economists; Africanists; innovation law and policy specialists and legal practitioners.

Introduction.- Cultural Creative and Industrial Objectives: The Multiple and Interlocking Objectives of the Protection of Indigenous Knowledge in Africa.- Indigenous Communities of Africa.- Indigenous Law State Law and the Protection of Indigenous Knowledge.- Participation of Members of Indigenous Communities in the Indigenous Knowledge Ecosystem.- Heritage Protection of Indigenous Communities of Origin and Indigenous Knowledge.- The Protection of Scientific and Technical Indigenous Knowledge in Africa.- Indigenous Designs in Africa: Protection or Inspiration.- Protecting Africa’s Indigenous Literary Knowledge.- Indigenous Peoples of Africa in the Marketplace: The Protection of Indigenous Signs, Terms and Expressions.- Indigenous Cultural Expressions and the African Audio-Visual Industry.- Indigenous and Popular Music in Africa.- Conclusion: A Tripod of Community Participation and Reward.

Enyinna Nwauche is Professor of Law at the Nelson Mandela School of Law, University of Fort Hare, South Africa. His teachings and research interests include the intersections of constitutions communities and culture.