Evaluating Intellectual Property Laws and Other Mechanisms for the Protection of Indigenous Knowledge Systems in Zimbabwe

dc.contributor.advisorNdlovu, L.
dc.contributor.advisorOriakhogba, D. O.
dc.contributor.authorTafadzwa, Yolanda Chiwanza
dc.date2026
dc.date.accessioned2026-09-22T18:48:24Z
dc.date.issued2026-09-11
dc.descriptionPhD in Law
dc.descriptionDepartment of Mercantile and Private Law
dc.description.abstractZimbabwe’s existing intellectual property (IP) laws and related regulatory mechanisms do not adequately protect Indigenous Knowledge Systems (IKS). Built largely on Western concepts of individual ownership, novelty, fixation, and limited duration, the current framework is poorly aligned with the communal, intergenerational, spiritual, and dynamic nature of Zimbabwean indigenous knowledge. As a result, IKS holders remain vulnerable to misappropriation, unauthorised commercialisation, biopiracy, and exclusion from the economic benefits derived from their knowledge. This study critically evaluated the effectiveness of Zimbabwe’s legal and institutional framework for IKS protection and assessed whether conventional IP law can meet the needs of indigenous communities. Using a qualitative interpretivist methodology, the research combined doctrinal analysis, comparative study, and semi-structured interviews with traditional leaders, knowledge holders, legal practitioners, policymakers, and institutional stakeholders. Comparative lessons were drawn from South Africa and Kenya. The significant finding of the study is that incremental reform of existing IP statutes is insufficient. Zimbabwe requires a dedicated sui generis legal framework specifically designed for IKS. Such a framework should recognise collective custodianship and community rights. It should further accord legal force to customary laws and governance institutions require free, prior, and informed consent for access. The framework should establish equitable access-and-benefit-sharing mechanisms and create appropriate national and community-based registers subject to confidentiality protections. Morever, it should provide defensive protection against misappropriation and wrongful patenting as well as creating specialised enforcement and dispute-resolution mechanisms and establish coordinated institutions for administration, monitoring, and capacity-building. The framework should also align domestic law with constitutional protections and relevant international and regional instruments. The study concludes that effective IKS protection in Zimbabwe depends not on forcing indigenous knowledge into unsuitable orthodox IP categories, but on adopting a culturally legitimate, rights-based, and development-oriented sui generis system capable of preserving knowledge while empowering its holders.
dc.format.extent1 online resource (xiii, 326 leaves)
dc.identifier.apacitationTafadzwa, Y. C. (2026). <i>Evaluating Intellectual Property Laws and Other Mechanisms for the Protection of Indigenous Knowledge Systems in Zimbabwe</i>. (). . Retrieved from en_ZA
dc.identifier.chicagocitationTafadzwa, Yolanda Chiwanza. <i>"Evaluating Intellectual Property Laws and Other Mechanisms for the Protection of Indigenous Knowledge Systems in Zimbabwe."</i> ., , 2026. en_ZA
dc.identifier.citationTafadzwa, Y.C. 2026. Evaluating Intellectual Property Laws and Other Mechanisms for the Protection of Indigenous Knowledge Systems in Zimbabwe. . . en_ZA
dc.identifier.ris TY - Thesis AU - Tafadzwa, Yolanda Chiwanza AB - Zimbabwe’s existing intellectual property (IP) laws and related regulatory mechanisms do not adequately protect Indigenous Knowledge Systems (IKS). Built largely on Western concepts of individual ownership, novelty, fixation, and limited duration, the current framework is poorly aligned with the communal, intergenerational, spiritual, and dynamic nature of Zimbabwean indigenous knowledge. As a result, IKS holders remain vulnerable to misappropriation, unauthorised commercialisation, biopiracy, and exclusion from the economic benefits derived from their knowledge. This study critically evaluated the effectiveness of Zimbabwe’s legal and institutional framework for IKS protection and assessed whether conventional IP law can meet the needs of indigenous communities. Using a qualitative interpretivist methodology, the research combined doctrinal analysis, comparative study, and semi-structured interviews with traditional leaders, knowledge holders, legal practitioners, policymakers, and institutional stakeholders. Comparative lessons were drawn from South Africa and Kenya. The significant finding of the study is that incremental reform of existing IP statutes is insufficient. Zimbabwe requires a dedicated sui generis legal framework specifically designed for IKS. Such a framework should recognise collective custodianship and community rights. It should further accord legal force to customary laws and governance institutions require free, prior, and informed consent for access. The framework should establish equitable access-and-benefit-sharing mechanisms and create appropriate national and community-based registers subject to confidentiality protections. Morever, it should provide defensive protection against misappropriation and wrongful patenting as well as creating specialised enforcement and dispute-resolution mechanisms and establish coordinated institutions for administration, monitoring, and capacity-building. The framework should also align domestic law with constitutional protections and relevant international and regional instruments. The study concludes that effective IKS protection in Zimbabwe depends not on forcing indigenous knowledge into unsuitable orthodox IP categories, but on adopting a culturally legitimate, rights-based, and development-oriented sui generis system capable of preserving knowledge while empowering its holders. DA - 2026-09-11 DB - ResearchSpace DP - Univen KW - Indigeneous knowledge systems KW - Intellectual property KW - Biodiversity KW - Biopiracy KW - Bioprospecting KW - Legal and institutional mechanism KW - Zimbabwe KW - Kenya KW - South Africa LK - https://univendspace.univen.ac.za PY - 2026 T1 - Evaluating Intellectual Property Laws and Other Mechanisms for the Protection of Indigenous Knowledge Systems in Zimbabwe TI - Evaluating Intellectual Property Laws and Other Mechanisms for the Protection of Indigenous Knowledge Systems in Zimbabwe UR - ER - en_ZA
dc.identifier.urihttps://hdl.handle.net/11602/3522
dc.identifier.vancouvercitationTafadzwa YC. Evaluating Intellectual Property Laws and Other Mechanisms for the Protection of Indigenous Knowledge Systems in Zimbabwe. []. , 2026 [cited yyyy month dd]. Available from: en_ZA
dc.language.isoen
dc.relation.requiresPDF
dc.rightsUniversity of Venda
dc.subjectIndigeneous knowledge systems
dc.subjectIntellectual property
dc.subjectBiodiversity
dc.subjectBiopiracy
dc.subjectBioprospecting
dc.subjectLegal and institutional mechanism
dc.subjectZimbabwe
dc.subjectKenya
dc.subjectSouth Africa
dc.titleEvaluating Intellectual Property Laws and Other Mechanisms for the Protection of Indigenous Knowledge Systems in Zimbabwe
dc.typeThesis

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