They say a dead man tells no tales. Contrary to this belief, the Rozvi tales of Sekuru Gudo and Muzukuru Tsuro have superseded the bounds of hades. These folklores have echoed and persevered through the generations while maintaining its originality.
The original creative mastermind remains unknown. Intellectual Property has recognised this failure in the system and has made provisions an example being the Swakopmund Protocol (Treaty). This treaty established between 8 African member states including Zimbabwe, Namibia, and Malawi in August 2010 and revised on December 6, 2016.
The Purpose thereof being to protect of Traditional Knowledge and expression of Folklore. In accordance with this treaty protection will be extended to ‘the products of creative and cumulative intellectual activity, such as collective creativity or individual creativity where the identity of the individual is unknown’ and has been incorporated into the community as part of their cultural identity.
The burden then rests on each individual state to make sure protection against all acts of misappropriation, misuse and unlawful exploitation is effected and enacted. The duration of such protection as stipulated in the treaty will be for eternity only if it satisfies the requirements of s16.
In other words in the instances where the creator of that literature cannot be traced but a number of people as a community lay claim to its rights. When and if such folklore is exploited for commercial gain the beneficiaries will be the indigenous or community people from where the folklore originates from and maintain it as their traditional heritage.
Intellectual Property remains undefeated!
Tsitsi Z Machuwaire.