Indigenous Peoples of Africa in the Marketplace: The Protection of Indigenous Signs, Terms and Expressions
摘要
In a world in which Indigenous names, signs and expressions are valuable, this chapter examines the framework through which these names signs and expressions are protected in a marketplace where Indigenous peoples of Africa do not actively participate through the use and licensing of their signs, terms and expressions. Since several Indigenous communities do not use or licence their signs, terms and expressions as trademarks and geographical indications, legislations concerning these intellectual property rights offer modest assistance in the protection of Indigenous peoples’ signs, names, and expressions. This chapter argues that intellectual property rights do not offer robust protection of Indigenous names signs and expressions because they are not exclusive is not exclusive to Indigenous peoples and more importantly does not protect the scientific and technical knowledge developed by Indigenous communities. It is further argued that Indigenous communities must engage the market to benefit from market-oriented intellectual property rights.