Putting intellectual property rights into practice: Experiences from the san

Abstract

This chapter outlines the basics of the intellectual property rights system before proceeding to describe its challenges and advantages for the San. The theft of music, folklore, traditional art and innovations shows that the current system is inadequate to secure the full protection of indigenous rights. Yet there is room in that system for flexible, local initiatives driven by indigenous peoples to remedy the situation. One example is the 'research and media contract' drafted by a San NGO and now used widely, which requires prospective researchers not only to provide full details of the applicant and of the nature, content and purpose of the research, but also to negotiate terms with an appointed San leader. This chapter shows that there are practical methods for regaining control over traditional knowledge and heritage, but indigenous peoples need to be proactive in asserting their own rights and using existing laws and tools. © 2009 Springer Netherlands.