Legal Reform in the Protection of Traditional Knowledge
LEGAL REFORM IN THE PROTECTION OF TRADITIONAL KNOWLEDGE IN ZAMBIA
Zambia is an independent democratic state comprising of different ethnic groups which together represent a rich and diverse cultural heritage. This heritage gives Zambia a distinctive character from which it derives its unique personality. This valuable heritage must be preserved, nurtured and developed to foster a strong sense of national identity, pride and unity and to become a vitalising force in the development process. Our multi–ethnic value systems, traditions and beliefs as reflected through the various languages, performing and visual arts as well as other forms of cultural expression constitute the strands of a broader national culture and need to be well researched in order to be known, appreciated, respected and protected.[1]
Traditional knowledge is a legal term of art that has come to encompass a wide array of meanings. The World Intellectual Property organization (“WIPO”) makes use of the term “traditional knowledge” as a specific term, stricto sensu and as a general term, lato sensu. Traditional knowledge stricto sensu is understood to refer to “technical” know-how and knowledge related to or associated with, inter alia, biodiversity conservation, agriculture, medicine and genetic resources.[2]
Traditional knowledge lato sensu is used in a broader sense to refer to both technical know-how, knowledge, and also folklore/traditional expressions and manifestations of cultures in the form of music, stories, paintings, handicrafts, languages and symbols, performances and the like, falling under the rubric traditional cultural expressions or expressions of folklore.[3] This paper will employ the broader meaning of the term ‘traditional knowledge’.
Indigenous people understand traditional knowledge to be various things. It includes the teachings and experiences passed on from generation to generation. It covers knowledge of the environment they live in. It is traditional healing
Zambia is an independent democratic state comprising of different ethnic groups which together represent a rich and diverse cultural heritage. This heritage gives Zambia a distinctive character from which it derives its unique personality. This valuable heritage must be preserved, nurtured and developed to foster a strong sense of national identity, pride and unity and to become a vitalising force in the development process. Our multi–ethnic value systems, traditions and beliefs as reflected through the various languages, performing and visual arts as well as other forms of cultural expression constitute the strands of a broader national culture and need to be well researched in order to be known, appreciated, respected and protected.[1]
Traditional knowledge is a legal term of art that has come to encompass a wide array of meanings. The World Intellectual Property organization (“WIPO”) makes use of the term “traditional knowledge” as a specific term, stricto sensu and as a general term, lato sensu. Traditional knowledge stricto sensu is understood to refer to “technical” know-how and knowledge related to or associated with, inter alia, biodiversity conservation, agriculture, medicine and genetic resources.[2]
Traditional knowledge lato sensu is used in a broader sense to refer to both technical know-how, knowledge, and also folklore/traditional expressions and manifestations of cultures in the form of music, stories, paintings, handicrafts, languages and symbols, performances and the like, falling under the rubric traditional cultural expressions or expressions of folklore.[3] This paper will employ the broader meaning of the term ‘traditional knowledge’.
Indigenous people understand traditional knowledge to be various things. It includes the teachings and experiences passed on from generation to generation. It covers knowledge of the environment they live in. It is traditional healing