On May 14, 2015, INTA submitted comments to the South African Department of Science and Technology with respect to the South Africa Protection, Promotion, Development and Management of Indigenous Knowledge Systems Bill, 2014.
The submission sent to Director-General Shumi Pango was prepared by INTA with the assistance of the Indigenous Rights Subcommittee of the Related Rights Committee and INTA’s policy staff.
INTA focused on the section of the bill that affects trademarks and their ability to protect consumers, to prevent unfair competition between businesses and to promote innovative commerce. No position was taken on the other sections that affect other areas of the law.
INTA’s general position is that when developing legislation for the protection of traditional knowledge and traditional cultural expressions the choice of legal mechanisms is a matter of national discretion. INTA upholds the well-established intellectual property principles of territoriality, exclusivity, priority and notice.
INTA members may find INTA’s submission to the Department of Science and Technology of South Africa here.