KNOWLEDGE MANAGEMENT AND INDIGENOUSKNOWLEDGE FOR DEVELOPMENT OF AFRICA'SINFORMATION SYSTEMS AND SERVICES: SOME LEGALISSUES FOR INFORMATION SYSTEM EXPERTS

摘要

This paper gives an over view of the complex and controversial nature of the legal protection of indigenous knowledge systems. The article proceeds to exam-ine indigenous knowledge and the arguments for recognizing and protecting it. It further examines the international protection provided by the Convention on Biological Diversity and the issue of biopiracy. Some selected few cases of biopiracy have been examined. Then after application of existing intellectual property rights to indigenous knowledge on the international and national level have been examined too in particular explaining the problems and benefits of protecting indigenous knowledge for the sake of knowledge management and development of Africa's information systems and services. An assimilation of indigenous knowledge to the current intellectual property laws have been briefly examined and evaluated. The article also seeks to examine some of the new sui generis systems for the protection of indigenous knowledge and addresses issues of indigenous knowledge in the WTO, examines the issues under the TRIPS Agreement and the present positions of WTO Members in connection with the revisions of the provisions of the TRIPS Agreement that have direct bearing to indigenous knowledge systems. Lastly the paper examines knowledge manage-ment system in the light of indigenous knowledge.