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- Volume 3, Issue 1, 2004
Indilinga African Journal of Indigenous Knowledge Systems - Volume 3, Issue 1, 2004
Volume 3, Issue 1, 2004
Author Mogomme MasogaSource: Indilinga African Journal of Indigenous Knowledge Systems 3, pp III –X (2004)More Less
Author Adolfo MascarenhasSource: Indilinga African Journal of Indigenous Knowledge Systems 3, pp 1 –15 (2004)More Less
Without knowledge, there can only be marginal development. Knowledge is essential for survival, as well as for improving the quality of life and escaping from poverty. This paper seeks to understand the nature of knowledge, introduce the concept of indigenous knowledge, provide some idea of the status of Indigenous Knowledge (IK) in Tanzania, explore how IK is linked to peace and consider the way ahead, recognizing some of the obstacles and discussing how knowledge may be used for accelerating development. <br>IK is by the people, with the people and for their own well-being, and yet it has been much maligned. African professionals, scholars, researchers, policy makers and activists attempting to understand or promote IK run the risk of a cool reception, ridicule or even outright opposition, because IK could be an obstacle to many vested interests. However, the new dawn of the African Renaissance will only be a reality when we use knowledge fully, including African indigenous and local knowledge, in partnership with modern scientific knowledge.
Legal framework and intellectual property : realizing the concept of indigenous cultural rights in the new millenniumAuthor Tomas LipinskiSource: Indilinga African Journal of Indigenous Knowledge Systems 3, pp 16 –32 (2004)More Less
Indigenous knowledge of underdeveloped countries or of underdeveloped peoples within developed nations is a sought-after commodity in the marketplace of the new millennium. The pressure of this commercialization is sure to increase in the globalized climate of the new world economic order. Knowledge is intangible, and legal protection of the intangible is minimal. When knowledge is expressed in tangible form, societies have seen fit to offer protection under the rubric of intellectual property law. However, these developments have emerged from a 'western' or 'developed' legal tradition and are often inadequate for dealing with the scenarios in which indigenous knowledge tends to reside. Several examples of the commercialization of indigenous knowledge (artifact or expression) demonstrate these shortcomings. In addition, the cultural differences between concepts of developed versus underdeveloped (or under-exploited in the commercial marketplace) indigenous property further highlight the problem of achieving a harmonized and universal set of legal protections. Critical for the purpose of the present discussion is a recognition of the inadequacy of existing intellectual property regimes to protect indigenous culture and knowledge from development and, often, from exploitation. A variety of existing legal concepts (including trademark, right of publicity, misappropriation and moral rights) are discussed in an effort to demonstrate how strands of these various concepts might be woven into a new protection scheme.
Protection of intellectual property rights of indigenous knowledge in Tanzania : legal constraints and challengesAuthor P.J. KabudiSource: Indilinga African Journal of Indigenous Knowledge Systems 3, pp 33 –44 (2004)More Less
The legal regime governing intellectual property rights (IPR) in Tanzania is based on the classical approach developed in the western capitalist system. The classical approach is the hallmark of individualism and exclusive and sometimes absolute ownership of property. It does not recognize or accommodate the communal ownership approach that is still common and relevant in most African communities, especially in issues of indigenous knowledge. <br>Intellectual property rights in Tanzania are governed by the Copyright and Neighbouring Rights Act of 1999, the Patents Act of 1987 and the Trademarks and Services Act of 1986. These Acts provide for moral and economic rights on copyrights, patents, and trade and service marks, respectively. The requirement of the Patents Act that for an invention to qualify for patenting, it must meet the three requirements of novelty, inventive step and industrial application makes it inhibitive rather than facilitative in promoting indigenous knowledge to the benefit of those who have created and developed it for generations as a community. <br>The new law on IPR and indigenous knowledge should, among other things, provide for a system that will recognize and protect the rights of an individual as well as communities of indigenous knowledge, at the same time ensuring fair and equitable benefit-sharing with communities from those who are using and profiting from that knowledge.
Author Peter LorSource: Indilinga African Journal of Indigenous Knowledge Systems 3, pp 45 –56 (2004)More Less
Librarians are generally more comfortable dealing with publications than with unrecorded and unpublished knowledge, and library theories and systems are geared mainly to dealing with published documents. Compared with many other developing countries, South Africa has an extensive network of libraries. This article poses the question whether South Africa's libraries have a role to play in preserving and promoting indigenous knowledge. It focuses on three categories of libraries: research libraries (including academic and specialist libraries), public libraries (including community libraries) and the national library (the National Library of South Africa). It considers not only the traditional library functions of collecting, organizing, preserving and providing access (making recorded indigenous knowledge available), but also possible roles in identifying, locating and recording indigenous knowledge, raising awareness about it and promoting it. Some implications of these roles are identified and some practical measures suggested.
Author Otsile NtsoaneSource: Indilinga African Journal of Indigenous Knowledge Systems 3, pp 57 –66 (2004)More Less
This paper raises issues that affect women writers and suggests what they should strive for in order to be heard. It calls for strong introspection by women writers to reclaim their historical narratives and perspectives as originators and owners of stories. The author argues for recognition of an Afrocentric epistemology in the public discourse, which is currently dominated by white writers of black women's stories. Is there a way that the black female writer can represent herself as a writer without labels - without being 'black', being a woman, being female? <br>The author deals with the sources of indigenous writing and the significance of spirituality and soulfulness as a connection with ancestry and the environment; the need to indiginize, document indigenous knowledge and assert a responsibility to revive indigenous knowledge for sustainable livelihood and spiritual guidance. A conclusion is drawn as a response to reclaiming the African Renaissance and Africa's past through the utilization of indigenous languages and thought patterns and providing a mechanism to protect the invaluable knowledge and skills held by women in developing countries, South Africa in particular.
Author Thabo MbekiSource: Indilinga African Journal of Indigenous Knowledge Systems 3, pp 69 –73 (2004)More Less
The Dar es Salaam Declaration on the Role of IKS for Sustainable Development in SADC Countries : news and viewsSource: Indilinga African Journal of Indigenous Knowledge Systems 3, pp 74 –77 (2004)More Less
Indigenous knowledge systems in South Africa : perspectives from the Department of Science and Technology : news and viewsAuthor Mogege MosimegeSource: Indilinga African Journal of Indigenous Knowledge Systems 3, pp 78 –84 (2004)More Less
Author Bheki GilaSource: Indilinga African Journal of Indigenous Knowledge Systems 3, pp 85 –87 (2004)More Less
The thrust of the paper is intrinsically twofold: Firstly, it posits that all knowledge, whether at the formative stages of creation or the stage of ownership, is a tenet of socio-economic power, and that indigenous knowledge systems invariably address, even somewhat obliquely, a facet of that power play. The paper therefore raises the sensitivity of intellectual protection of such knowledge if the model preferred is that of conventional individually focused regimes. Secondly, the paper highlights some of the perceived weaknesses in relying on the current models of intellectual property protection, where they are sought to be applied to specific areas of indigenous knowledge systems.
Promoting and protecting indigenous knowledge systems through the African Renaissance in KwaZulu-Natal : iBuya - Our Time has Come : news and viewsAuthor Sihawu NgubaneSource: Indilinga African Journal of Indigenous Knowledge Systems 3, pp 88 –90 (2004)More Less
Building on the indigenous : successes, challenges and future prospects of the Indigenous Knowledge Systems Learning and Research Programme, North West University, South Africa : news and viewsAuthor H.O. KayaSource: Indilinga African Journal of Indigenous Knowledge Systems 3, pp 91 –98 (2004)More Less
The North West University is one of the few universities in South Africa to have established an indigenous knowledge systems (IKS) learning and research programme. The paper describes the successes, achievements and challenges, including the prospects of the programme since its inception. These experiences could help other institutions within and outside South Africa that intend to establish a similar programme.