Examining The Challenges Of Intellectual Property Commercialisation On The Realisation Of The Swakopmund Protocol

Abstract

This article examines the challenges of intellectual property commercialisation on the realisation of the Swakopmund protocol. Like many other countries, Namibia attempts to preserve Traditional Knowledge (TK) by developing a national legislative and administrative framework. Subsequently, this leads to a growing interest in applying TK, particularly among the San people of Southern Africa. The purpose of the current legislative framework and the Swakopmund Protocol is to protect and conserve Namibia's TK while simultaneously permitting access and long-term use. The Swakopmund Protocol is one of the legislations to protect TK. This study employed a qualitative research approach as the focal methodology. A purposeful sampling was used to select five traditional leaders of the San Community and two Business and Intellectual Property Authority’s (BIPA) managers. The data was analysed with an Interpretative Phenomenological Analysis using Atlas.ti 9™. The study examined the efficacy of the Swakopmund Protocol, which went into operation in 2010. Moreover, the study gave answer to questions such as what challenges the San community has faced when implementing the Swakopmund Protocol and how effective the Protocol is in protecting TK within Namibia? In addition, the study explored the ways forward in protecting TK and making the protection as efficient as possible to allow future generations to access such knowledge.