Collective intellectual property of Indigenous peoples and local communities: Exploring power asymmetries in the rooibos geographical indication and industry-wide benefit-sharing agreement
研究了南非路易波士茶产业中两个集体知识产权系统（地理标志和利益分享协议）如何应对传统知识滥用问题，并揭示了这些系统在高度社会经济不平等背景下存在的权力不对称和排斥现象。
Collective intellectual property of traditional knowledge by Indigenous peoples and local communities is an important source of innovation and product development. In this article, we investigate collective intellectual property systems on the traditional knowledge of Aspalathus linearis, also known as rooibos—an endemic plant from South Africa which is the basis of an important herbal tea industry. We analyze how issues of misappropriation on rooibos have been addressed through the establishment of two industry-wide collective intellectual property systems: a geographical indication and a benefit-sharing agreement. In a context characterized by high socio-economic inequalities, these systems are built on institutions for collective action that display important power asymmetries between social groups. We contribute to ongoing debates about intellectual property impacts by investigating how collective intellectual property systems enable the sharing of benefits arising from the use of biodiversity and related knowledge, but can be sources of exclusion that reflect asymmetric power dynamics.