Indigenous Knowledge Act: Draft Regulations Out for Comment

Posted 04 June 2026 Written by Acts Online
Category Property Law (including intellectual property)

Brought to you by SA Legal Academy: The Department of Science, Technology and Innovation has published draft regulations under the Protection, Promotion, Development and Management of Indigenous Knowledge Act, No. 6 of 2019, for public comment.

In terms of the Protection, Promotion, Development and Management of Indigenous Knowledge Act, No. 6 of 2019, the Department of Science, Technology and Innovation has gazetted draft regulations for public consultation. Interested parties and stakeholders are invited to submit written representations and comments on the draft regulations on or before 3 August 2026.

The draft regulations primarily introduce and regulate “biocultural community protocols”. These protocols are instruments developed by indigenous communities that establish clear terms and conditions for third parties seeking to engage with these communities to access their indigenous resources and knowledge. The framework aims to ensure that any access to or commercialisation of such knowledge is underpinned by the principle of prior and informed consent.

Key Features of the Draft Regulations

The proposed regulatory framework outlines several key mechanisms to facilitate the development and implementation of these protocols:

  • Biocultural Community Protocols: Standardised instruments created by communities to manage third-party access to indigenous knowledge systems and biological resources.
  • Departmental Assistance: The Department of Science, Technology and Innovation will provide a structured template and administrative assistance to help affected indigenous communities draft and formalise their protocols.
  • Prior and Informed Consent: Establishing mandatory procedural steps that third parties must follow to obtain consent before accessing community-held knowledge or resources.

What this means for you, your business, or your clients

  • For yourself: No direct individual compliance obligations; however, legal and compliance professionals must familiarise themselves with the proposed consent procedures to advise on future intellectual property and bioprospecting transactions.
  • For your business: Firms operating in biotechnology, pharmaceuticals, cosmetics, or agriculture that utilise indigenous biological resources must review the draft regulations to assess how the mandatory biocultural community protocols will impact their research, development, and sourcing pipelines.
  • For your clients: Clients representing indigenous communities or commercial entities seeking to commercialise indigenous knowledge must prepare to align their access agreements and consent workflows with the new departmental templates and statutory consent requirements before the 3 August 2026 deadline.

Originally published at https://legalacademy.co.za/news/read/indigenous-knowledge-draft-regulations-out-for-comment

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