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Survival of the Fittest Protection of Indigenous Knowledge

Survival of the Fittest Protection of Indigenous Knowledge
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Author(s): Stewart Lee Kugara (University of Limpopo, South Africa), Tsetselelani Decide Mdhluli (University of Limpopo, South Africa)and Pfarelo Eva Matshidze (University of Venda, South Africa)
Copyright: 2022
Pages: 23
Source title: Handbook of Research on Protecting and Managing Global Indigenous Knowledge Systems
Source Author(s)/Editor(s): Rendani Tshifhumulo (University of Venda, South Africa)and Tshimangadzo Justice Makhanikhe (University of Venda, South Africa)
DOI: 10.4018/978-1-7998-7492-8.ch016

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Abstract

This chapter reflects on numerous protections that are available for indigenous knowledge from those who misappropriate it for personal aggrandizement without regard of the holders of the knowledge. The chapter is underpinned on the Afrocentricity and Sankofa theories. A socio-legal methodology was adopted to ground the work to enable students studying indigenous knowledge systems to have a foundation and be able to follow the interdisciplinarity in the writing. As such, a doctrinal approach and qualitative design were engaged to buttress the philosophical reasoning and capture the rich and unrecorded knowledge of inorganic intellectuals. The chapter's standpoint is that the protection of indigenous knowledge requires African-tailored legislation that resonates with indigenous communities' beliefs and are pragmatic yet innovative to bring benefit sharing. In pursuing this, a normative legal framework that could be utilised in the protection of indigenous knowledge is explored.

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