Protecting traditional knowledge - does secrecy offer a solution?

Journal Article

2010

Permanent link to this Item
http://hdl.handle.net/11427/22227
Files
Tong_Protecting_traditional_2010.pdf (185.63 KB)
Authors
Tong, Lee-Ann
Journal Title

Potchefstroomse Elektroniese Regsblad

Link to Journal
http://journals.assaf.org.za/per
Journal ISSN
Volume Title
Publisher
Publisher

University of Cape Town

Department
Department of Private Law
Faculty
Faculty of Law
License
Series
Abstract
The shortcomings of using the intellectual property system to safeguard the interests of traditional knowledge holders have received considerable attention. Laws that guard against the disclosure of secret traditional knowledge to non-community members may offer a low-cost and accessible way for traditional communities to prevent the misappropriation of their traditional knowledge. This paper reviews the concerns that may arise when holders of traditional knowledge attempt to rely on claiming unfair competition and contract laws to protect their traditional knowledge.
Description
Keywords
Commercial Law
Intellectual Property
TRIPS Agreement
Traditional Knowledge

Reference:

Tong, L. A. (2010). Protecting traditional knowledge: does secrecy offer a solution?. PER: Potchefstroomse Elektroniese Regsblad, 13(4), 159-180.

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