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

Authors: Desmond O. Oriakhogba; Chijioke I. Okorie; Livhuwani Sosanah Lavhengwa

Addresses: Department of Private Law, Faculty of Law, University of the Western Cape, South Africa ' Department of Private Law, Faculty of Law, University of Pretoria, South Africa ' Department of Mercantile and Private Law, University of Venda, South Africa

Abstract: The use of dagga has been partially legalised and decriminalised in South Africa and there is increasing awareness with regards to its importance to national development. Thus, a dagga industry is emerging in South Africa. Intellectual property rights (IPR), 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 national 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.

Keywords: dagga; cannabis; intellectual property rights; IPR; indigenous knowledge systems; IKS; legalisation; decriminalisation; South Africa.

DOI: 10.1504/IJIPM.2024.141543

International Journal of Intellectual Property Management, 2024 Vol.14 No.5, pp.459 - 484

Received: 24 Apr 2023
Accepted: 27 May 2023
Published online: 23 Sep 2024 *

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