Folklore Protection in the Eritrean Context: Legal Issues and Choices

Abstract

Intellectual property laws of the global South have been criticized repeatedly for their lack of adequate laws, legal systems and enforcement mechanisms. The North criticizes the South for failing to protect the intellectual property rights of their citizens. Likewise, the South criticizes the North for appropriation and misappropriation of the traditional knowledge of indigenous communities.' The focus of this article is on the latter. It tries to show how contemporary intellectual property rights fail to protect the folklore of indigenous communities. It explores the current international intellectual property laws and tries to propose solutions for folklore protection in relation to the particular case of the Eritrean legal system.