South African dagga: piping on the related intellectual property rights and indigenous knowledge systems

Authors:

DO Oriakhogba, CI Okorie, LS Lavhengwa
 

Summary:

The use of dagga (cannabis) has been partially legalised and decriminalised in South Africa and there is increasing awareness with regards to its importance to economic development both at the provincial and national levels. Thus, a dagga industry is emerging in South Africa. Intellectual property rights (IPR), such as patents, trademarks, and plant variety protection, and indigenous knowledge systems (IKS) are potential means for harnessing the economic benefits of dagga and developing the emerging dagga industry. Currently, there exists a scarcity of South African literature on the significance of IPR and IKS to the emerging dagga industry in South Africa. However, existing foreign literature on the subject demonstrate the intricate, varied and heterogeneous implications of IPR and IKS on the use, cultivation, and growth of dagga for economic development. Based on desk research, this paper determines the legal and policy strategies for the protection of IPR and IKS stakeholders and indigenous communities within the emerging dagga industry in South Africa. It examines the current legal and policy reforms surrounding the partial legalisation and decriminalisation of dagga in South Africa, the ensuing IPR and IKS issues and the various strategies applicable for harnessing their economic benefits.

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