Page 95 - Daggabay Magazine Issue 9

Fields of Green for ALL • Collectively Reforming South African Cannabis Laws

4.5 Protection & Support Of Legacy Cannabis

Communities, Traditional Knowledge, Intellectual

Property & Natural Resources

The recent Bill on the Protection, Promotion, The UNDROP (Declaration on the Rights of
Development and Management of Indigenous Peasants and Other People Working in Rural
Knowledge Systems (B6-2016) recognises that Areas) reinforces this, stating that “States shall
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“indigenous knowledge is a national asset and that ensure that seed policies, plant variety protection
it is therefore in the national interest to protect and other intellectual property laws, certification
and promote indigenous knowledge through schemes and seed marketing laws respect and
law, policy and both public and private-sector take into account the rights, needs and realities
programmes.” of peasants and other people working in rural
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areas.”
According to the World Intellectual Property
Organization (WIPO), “Traditional knowledge is not Recognition of collective Intellectual Property
so called because of its antiquity. It is a living body (IP) will be of special importance in South Africa
of knowledge that is developed, sustained and to help protect communities with traditional
passed on from generation to generation within knowledge (TK) and traditional cultural expressions
a community, often forming part of its cultural (TCE) linked to the Cannabis plant and its uses.
or spiritual identity.” In the case of South Africa, Community focused Cannabis IP protection
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therefore, this includes not only the longstanding policies will also be a tool to build local brands
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use and cultivation and the specific genetics, that add value to the historical Cannabis products
techniques and knowledge associated with it, and cultural uses , and help create a path to
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but also more recent cultural traditions forged engage in international fair trade. Additionally,
within the prohibition period. Nowadays in South the Cannabis plant has very specific endemic
Africa, traditional legacy Cannabis communities iterations, such as the locally specific plant varieties
can be found in all regions, spanning all cultures forged over centuries by the conjunction of
and all backgrounds. defined environmental conditions and cultivation
methods continued in time. This is a crucial and
The UNDRIPS (Declaration on the Rights of intangible asset linked to the communities that
Indigenous Peoples, see also Section 2.4.1.2) also need protection.
recognises “that indigenous peoples are equal to
all other peoples, while recognising the right of Existing laws, particularly the Counterfeit Goods
all peoples to be different, to consider themselves Act and the Merchandise Marks Act , already allow
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different, and to be respected as such” and “the for the protection of communities’ intellectual-
urgent need to respect and promote the inherent property rights regarding traditional crops and
rights of indigenous peoples which derive from genetic resources. However a proper market
their political, economic and social structures and recognition of the world-famous South African
from their cultures, spiritual traditions, histories areas of cultivation and cultivars of Cannabis
and philosophies, especially their rights to their might require the addition of South Africa to
lands, territories and resources.” It also declares treaties, such as the Geneva Act on Appellations
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that “Indigenous peoples have the right to their of Origins and Geographical Indications . This
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traditional medicines and to maintain their will expand recognition beyond our borders –
health practices, including the conservation and show proactive advocacy on the part of the
of their vital medicinal plants, animals and South African government for the rights and
minerals” and that “They also have the right international competitiveness of farmers, peasants,
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to maintain, control, protect and develop their and rural, local and indigenous communities, and
intellectual property over such cultural heritage, a fair protection of their IP heritage: a common
traditional knowledge, and traditional cultural heritage of the nation under the custody of legacy
expressions.” communities.
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CANNABIS IN SOUTH AFRICA • THE PEOPLE’S PLANT • A Full-Spectrum Manifesto For Policy Reform 51