Abstract:
This research paper reviews the current relationship between indigenous knowledge and intellectual
property rights. It is based on a study that utilized a qualitative research design with data collected
from the review of existing literature obtained online. It thus borrows extensively from publicly
available resources, which are presented in the references section and accessed online during its
development. The paper explores what some have described as ‘an uneasy relationship’ between
indigenous knowledge and intellectual property rights protection and utilization, especially in regard
to ownership – community vs individual ownership -access and benefit sharing. It also presents some
notable cases of success and failure in the relationship. The paper delves into current efforts and
deliberations at the global, regional, and national levels towards solving the challenges observed in
the past in the said relationship and towards presenting a better framework for the utilization of
intellectual property rights in indigenous knowledge protection and utilization. The paper concludes
by applying the observations made to present reasoned recommendations that will allow for the
embracing of intellectual property rights in indigenous knowledge protection and utilization for
sustainable development. The authors posit that a balanced relationship between the indigenous
knowledge holders and the IP system will have a positive impact towards the achievement of most of
the SDG goals, but more specifically, goals 1, 2,3,8,9, 12 and 17.
