Some Tax Implications of Traditional Knowledge Under Conventional Intellectual Property

Abstract

The proposed incorporation of traditional intellectual property into the definition of copyright, trade-marks and designs as defined in the Copyright Act 98 of 1978, the Trade Marks Act 94 of 1993 and the Designs Act 195 of 1993 may affect the income tax liability of parties where traditional knowledge is the object of such a transaction. The aim of this contribution is to consider the potential income tax consequences of this incorporation for those receiving income and incurring expenditure in relation to the use or disposal of traditional knowledge.

Keywords

• Deductions
• expenses
• exempt income
• gross income
• income
• person
• tax consequences
• tax liability