Traditional Knowledge Laws: South Africa

Subject Matter of Protection

Article 1 - Definitions

"indigenous use or knowledge" includes knowledge of, discoveries about or the traditional use of indigenous biological resources, if that knowledge, discovery or use has initiated or will contribute to or form part of a proposed bio-prospecting or research project to which an application for a permit relates;

"traditional use or knowledge" refers to the customary utilisation or knowledge of indigenous biological resources by an indigenous community, in accordance with written or unwritten rules, usages, customs or practices traditionally observed, accepted and recognised by them, and includes discoveries about the relevant indigenous biological resources by that community.

Beneficiaries or Rightholders

Article 1 - Definitions

"indigenous community" means any community of people living or having rights or interests in a distinct geographical area within the Republic of South Africa with a leadership structure and-
(a) whose traditional uses of the indigenous biological resources to which an application for a permit relates, have initiated or will contribute to or form part of the proposed bioprospecting; or
(b) whose knowledge of or discoveries about the indigenous biological resources to which an application for a permit relates are to be used for the proposed bioprospecting.

Scope of Protection

Article 4 - Bioprospecting

(1) Discovery phase and/or commercialisation phase of bioprospecting project may only be carried out with a bioprospecting permit issued by the Minister.
(2) the applicant for a bioprospecting permit intends exporting the indigenous biological resources to which the application relates, the applicant must apply to the Minister for an integrated export and bioprospecting permit.
(3) The Minister may only issue a bioprospecting permit or an integrated export and bioprospecting permit after complying with the requirements of Regulations 8(1) and 9(1).

Exceptions and Limitations

Article 5 - Research other than bioprospecting

(1) Indigenous biological resources may only be exported for a research purpose other than bioprospecting with an export permit issued by the issuing authority identified in Regulation 6.
(2) An export permit for research other than bioprospecting may be issued as part of an integrated permit provided the issuing authority complies with section 92 of the Act.
(3) Before issuing an export permit for research other than bioprospecting, the issuing authority must comply with Regulations 9(1) and 13(1).