Protecting Africa’s traditional knowledge: an approach to intellectual property governance and ARIPO’s role

The threat of misappropriation is one of the major challenges facing traditional knowledge in Africa today. This paper seeks to identify the challenges and potential opportunities for safeguarding this valuable heritage and will pay particular attention to the function of the African Regional Intellectual Property Organization and the recent Swakopmund Protocol. This research utilizes a documentary analysis to evaluate the protections afforded to traditional knowledge not only as a matter of justice but as a means of enhancing the socio-economic status of local communities. Based upon these results, the paper suggests establishing customized governance structures for the recognition and value of traditional knowledge so that local communities can realize tangible social and economic returns on their traditional knowledge and enhance their cultural identities. Finally, it is stressed that a persistent and collaborative effort by all stakeholders is required if traditional knowledge is to be preserved for future generations. The Swakopmund Protocol has been identified as an important model for regional intellectual property law and a comprehensive legal structure for the protection of traditional knowledge and traditional cultural expressions by ARIPO member states, which represents an important milestone in the establishment of community rights over their indigenous knowledge.