爆料公社

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Background and objectives

Traditional knowledge (TK) and traditional cultural expressions (TCEs) are increasingly recognized as crucial factors in promoting sustainable development. However, African countries are yet to unlock the potential of these resources for their sustainable development and structural transformation. In recent years, indigenous peoples, local communities, and governments – mainly for biodiversity-rich countries, including African countries – have sought intellectual property (IP) protection for traditional forms of creativity and innovation emanating from TK and TCEs. Under the conventional IP system, TK has been considered part of the public domain and freely available for anyone to use, and, thus, susceptible to unwanted misappropriation and misuse. Despite this, TK and TCEs in Africa have not been fully protected. For instance, only nine (9) African countries have so far taken steps to enact national legislation and policies to protect and promote TK, including the establishment of sui generis systems (a system of its own kind).

TK in Africa has diverse dimensions, encompassing agricultural, architectural, ecological, environmental, scientific, technical, medical, and biodiversity-related knowledge. TCEs may include music, dance, art, handicrafts, and performances and form part of the identity and heritage of a traditional or indigenous community. TK and TCEs are, therefore, relevant to various areas of socioeconomic and cultural development based on the continent’s deep-rooted traditions.

The recently adopted IP protocol of the African Continental Free Trade Area (AfCFTA) stipulates, under its Articles 18 and 19 on TK, TCEs, and folklore, that state parties shall provide for the protection of TK, TCEs, and folklore. Furthermore, the WIPO General Assembly plans to convene the Diplomatic Conference to Conclude an international legal instrument relating to IP, genetic resources (GRs), and TK associated with GRs in 2024 and envisages the adoption of an international legal framework to address these questions. This convening may necessitate that states take appropriate measures to protect further TK associated with GRs. It is, therefore, an opportune moment to analyze challenges and opportunities to create enabling ecosystems, including the IP system, where TK and TCEs are duly protected from misappropriation and are fully leveraged to promote sustainable development in Africa. Given the critical roles of TK and TCEs in promoting development, it is necessary to raise awareness of their importance among African policymakers and other stakeholders to create an enabling policy and regulatory environment.

It is against this backdrop that the Office of the Special Adviser on Africa will organize the panel discussion on "Unlocking the Value of Africa’s Intangible Assets: Intellectual Property, Traditional Knowledge, and Traditional Cultural Expressions"

The event will provide a global platform for African IP experts to present their insights and perspectives on the issues of TK and TCEs in Africa and propose policy recommendations on how to harness these opportunities for the continent’s sustainable development. The panel discussion targets African policymakers to raise awareness of the importance of TK and TCEs and their linkages with IP systems with a view to leveraging Africa’s profound knowledge and diverse resources to promote sustainable development in Africa.

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Archived Video Recording (English)

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Archived Video Recording (French)

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