The Exploitation of Traditional Knowledge Protection System in Botswana

Abstract

The need to protect and preserve traditional knowledge for the interest of the knowledge holders has become paramount as the appreciation and application of traditional knowledge (TK) throughout the world began to be apparent. In recognition of the significance of TK, the contemporary legal frameworks have since included TK in their agenda. Botswana, through its intellectual property laws, has also included TK protection in her current legal framework. The Industrial Property Act was amended in 2010 to include other areas of IP. These included the protection of traditional knowledge which was not provided for in the previous law. The Industrial Property Act, 2010 is implemented by the Botswana intellectual property office, CIPA. Over these years however, after TK’s inclusion in the law, the Botswana intellectual property office has been experiencing very low numbers of filings in traditional knowledge applications. This brought uncertainty as the country is transforming from a resource-based economy into a knowledge-based economy which is meant to promote the generation, protection, commercialization and use of intangible assets such as traditional knowledge and Expressions of Folklore. Although there is an available mechanism for the protection of TK in the country, the number of TK filings are still rather insignificant. Following the conceptual presumption of direct cause=effect relationship between traditional knowledge protection and different factors that may hinder or encourage its protection, a mixed research method was adopted to study and examine the level of TK protection in Botswana as well as factors hindering or promoting TK protection. In addition, the study explored and suggested better strategies to employ to improve TK protection in the country. Among the many barriers and challenges that were found to deter knowledge holders from using the available protection frameworks was lack of awareness. The study further revealed lack of Government support towards commercialisation of TK emerging to be the leading factors hindering TK protection. Through the findings, it was revealed that TK holders generally have lost confidence in the protection of their knowledge blaming the Government for lack of support towards commercialisation of TK and TK based products. Based on these findings, the study then concluded that continued intensified awareness raising is needed with regards to traditional knowledge in order to benefit all. The study further calls for collaboration of all TK stakeholders to devise mechanisms supporting TK commercial activities.