| The control and ownership of knowledge systems of indigenous societies of the South has become threatened due to emerging trends in patent regimes and biotechnology. As a result, custodians of traditional knowledge (TK) desire controls and property regimes for these knowledge systems. This paper seeks to determine whether TK systems should be controlled or protected, whether conventional intellectual property regimes are relevant for TK systems and if they can be useful for protecting and controlling such systems. This thesis will focus on the use of patents to control the unauthorized uses of TK. It seeks to find justification for creating property regimes for TK within the existing intellectual property theories, based on the value and utility of TK. It also seeks to justify the use of IPR's by appealing to the objectives and evolution of the patent system in the North over the past two centuries. Above all it hopes to show that the law has historically evolved to accommodate emerging trends and will continue to do so. |
