A paper presented during International advanced training course on Intellectual Property Rights (IPR) for NAM and other developing countries, New DelhiIndia (12th to 17th July, 2010)
Title: Protection of traditional knowledge in Uganda
Author: Stephen Rwagweri Atwooki
Affiliation: Engabu Za TooroP.O Box 886, Fort Portal, UgandaTel: +256-772-469751Email:engabuzatooro@gmail.com, engabuzatooro@infocom.co.ugFacebook: Engabu Za TooroBlog: www.engabuzatooro.blogspot.comWebsite: www.engabuzatooro.or.ug
Abstract
Uganda has diverse and rich traditional knowledge, covering socio-economic aspects of life like music, folklore, apprenticeship, handcraft, production, medicine, etc.The modern civilization had threefold effects on the traditional knowledge; Some forms of traditional knowledge steadily disappearing, some remaining static and some prevailing through adaptation and integration in modern knowledge.The Copyright and Intellectual Property rights laws in Uganda stem from the British Copyrights laws and Intellectual Property regimes. As a result, these laws are based on western modes of authorship and ownership and could not recognize Ugandan traditional forms of knowledge like oral traditions and folklore.
Traditional knowledge and Folklore in Uganda is not protected. The technical explanation is that traditional knowledge and folklore doesn’t meet the established international standards and criteria of copyright protection which define what, how and who can be protected and for how long. This has been just an intellectual debate among the lawyers and scholars of copyright law. The traditional knowledge sector itself is not developed to generate organized and sensitized practitioners to participate in the debate and generate demand for protection.The production, presentation and distribution of different forms of traditional knowledge is not organized and developed to secure themselves for protection. Actors in traditional knowledge sector like cultural and traditional institutions and civic groups are not sensitized, organized and coordinated enough to pursue a common mission of organizing the sector and securing protection.Some forms of traditional knowledge increasingly get threats of extinction due to failure to be relevant in the contemporary life, failure to cope with effects of high-tech modern communication, emerging hostile beliefs and value systems and imported forms of entertainment.As traditional knowledge sector attempt to pursue protection, challenging questions emerge. Such questions include the definition of public domain, how rights are shared between original author and the one who re-invests and makes folklore relevant today? How to reconcile need for originality and need for adaptation?
It is recommended that Uganda first focus on programmes to re-invent and organize traditional knowledge so that it can meet some standards for protection and a study be undertaken of possibility of evolving a unique regime for protecting traditional knowledge.Programmes of research, documentation and digital data systems for Uganda’s traditional knowledge should be developed like it has been done in India andSouth Africa.
IntroductionUganda
Uganda is a landlocked East African country with a land area of 241,039 square kilometers and a population of 30 million people. The country’s GDP per capita stands at US $ 470.
Engabu Za Tooro
Rwagweri (Right) with other dignitaries at a cultural function organised by Engabu Za Tooro
Engabu Za Tooro is a Ugandan non governmental organization promoting research and documentation of traditional knowledge and folklore. It is also accredited to WIPO’s Intergovernmental committee on intellectual property and genetic resources, traditional knowledge and folklore.The organization is currently establishing a cultural centre to be an epicenter of traditional knowledge research and documentation and digital database development.
Why concern with Traditional Knowledge
Majority of indigenous and grassroots population in Uganda still rely on traditional knowledge for information and livelihood. Traditional knowledge inform scientific innovation. Therefore, there is need to give traditional knowledge its appropriate recognition.
The state of traditional knowledge in Uganda
Like any African society, Uganda has a rich and diverse stock of traditional knowledge in all human sectors like medicine, music, production, folklore, dance, apprenticeship and craftsmanship.Uganda also has traditional and cultural institutions mandated to safeguard and perpetuate the traditional knowledge. Historically, Uganda had five major Kingdoms that included Bunyoro, Buganda, Ankole, Tooro and Busoga and chiefdoms in several parts of the country. These institutions traditionally had political and administrative powers which led to collision with colonial and post colonial central governments leading to their abolition in 1967. see page two below