Source: WIPO

Abstract

The practice of traditional medicine is based on the theory, belief and experiences indigenous to different cultures. As the global interest in natural healing grows, more and more people are turning to traditional herbal remedies for relief from pain and diseases. As this “green wave” gains dispels all over the world, investigations of its legitimacy have increased. There is increasing awareness of the value of traditional knowledge and bio-diversity resources as economic and tradable commodities.

At the beginning of 21^st century, the need to protect traditional knowledge and to secure faire and equitable sharing of the benefits derived from the use of biodiversity and associated traditional medicine knowledge has been fully recognized. The rich resources of traditional medicine knowledge and biodiversity in developing countries need to be protected and we need to ensure that is an equitable sharing of the benefits resulting from their exploitation. The protection under intellectual property rights of traditional and indigenous knowledge (TK) has received growing attention since the adoption of the Convention on Biological Diversity (CBD) in 1993. Issue of generation, protection and exploitation of intellectual property are assuming increasing importance.

Traditional Knowledge (TK) in Nepal

Traditional and indigenous knowledge has been using for centuries by indigenous and local communities under local laws customs and traditions in this Himalayan Kingdom Nepal. It has been transmitted and evolved from generation to generation since time immemorial. TK has played and still plays, an important role in vital areas like food securities, the development of agriculture and medical treatment. It serves the health needs of a vast majority of people in the country where, the modern medicine is still far from reach. Traditional systems of medicine deliver useful and effective services to the people in developing countries like Nepal. We cannot imagine a situation especially in the developing countries without the use of the traditional medicine. Modern medicine is still beyond the economic level of most Nepalese people. Modern medicine is neither financially affordable for all nor available adequately in time. Health of more than eighty percent Nepalese is still dependent on the knowledge of traditional healers, their technology and local herbs.

Practices of traditional medicine as complimentary and alternative medicine and demand of natural products in developed countries has grown tremendously in recent years^3. Since approximately middle of 20^th century, exclusive reliance on the formal Western system of medicine has been recognized as an inadequate solution to the problems of health care delivery. However, if we see in Nepalese context, the official medical system – modern medicine refuses to see the other side of the story that others can offer something good for patients. Traditional medicine- Ayurveda in country context, is now under the pressure of “modernization and globalization” at one side and, it has been threatening by technically powerful and developed countries by the name patent.

Traditional Medicine and IPR

A nation’s ability to convert knowledge into wealth and social good through the process of innovation will determine its future. In this context, issues of generation, valuation, protection and exploitation of intellectual property are going to become critically important all around the world⁵. Intellectual property right can be defined simply as exclusive right for a specified to make, use, exercise, sell or distribute by the right holder himself, his agent or license¹. It refers to right of ownership placed on certain ideas, inventions and creative products by an individual or an organization². Such exclusive rights are preserved as copyrights, trademarks or patents.

Intellectual property right is important for all indigenous people, their knowledge, technology, culture, tradition and also products to preserve the wealth to be illegal exploitation and also to secure rights of benefit sharing. Demand from industrialized economic and multinational companies for the protection of intellectual property right has been increasing as globalization of economic activities since the later part of the 20^th century.

Importance: concise summary

• Promote innovation
• Disclose of inventions for furthering research
• Dissemination of fruits of innovating for the benefit of general public
• Compensate the inventor for his efforts, time, money and intellect used for research

Country context

Obviously, developing countries are far beyond the modern science and technology and economically weak. Nepal is one of the examples. The Himalayan country has lodged thousands of medicinally and economically valuable plants and traditional knowledge- Ayurveda. Many traditional healers are still practicing their century-old knowledge for protection of health of healthy people and to cure diseases. It has proved that Ayurveda has eternal power to cure various chronic diseases, which are considered incurable by modern science.

If we see some examples of patent, developed countries has already patented those medicinal plants that have been used in our daily life since time immemorial. India has begun to do struggle against the developed countries for protection of traditional knowledge and getting success to some extent.

It is true that modern information technology has narrowed the world and concept of globalization has developed brother-hood in human being. But, the developed countries are always advantageous than developing countries in every aspect. As a result, valuable ancient wealth of developing countries, are now being under the control of developed countries by the name of patent. Naturally, in such circumstances, the most valuable wealth of Nepal- natural resources including cultural based traditional knowledge, are seems in danger of patent by powerful countries. If the country cannot set up necessary policy on IPR, we will loose authenticity of our own property and have to take permission from other even to use our local herbs.

For further development of traditional medicine taking into consideration intellectual property right and their implications- it is necessary to identify those areas of TM where IPR protection is of major concern. Then, strategies that could be used for protecting TM, knowledge, resources and bio-diversity can be developed in order to contribute to a fair and equitable sharing of benefits.

Recommendation

• Traditional knowledge, which is in the public domain, needs to be documented in the form of traditional knowledge digital libraries with the help of international agencies like WHO.

• Country should have a clear national policy on traditional medicine. The role of traditional medicine (Ayurveda) should be clear, also should develop and utilize the traditional medicine in meaningful manner in national health care system.
• Organizational infrastructure of traditional medicinal should be developed and/or strengthened and official recognition accorded to it.
• National strategies should be developed for the protection of traditional medicine with the support of WHO or other international agencies.
• International Corporation for implementation and enforcing the legislation to protect and promote traditional medicine knowledge through training, seminars and workshop should be increased in this area.
• Country should develop guidelines or laws and enforce them to ensure benefit sharing with the community for commercial use of traditional knowledge.

Finally

One of the concern of the developing countries is that the process of globalization threatening the appropriation of elements of the collective knowledge of the societies into proprietary knowledge for the commercial profit of a few. An urgent action is needed to protect these knowledge systems through national policies and international understanding linked to IPR. We need a particular focus on community knowledge and community innovation. To encourage communities, it is necessary to scout, support, spawn and scale up the green grass root innovation. Linking innovation, enterprise and investment is particularly important.

References

1. Govilkar, Dr VM, A primaer on TRIPs, an unpublished article

2. Ganguli, Prabuddha, 2002, Role of IPR in R&D wealth generation from knowledge, talk delivered at the National Seminar on IPR at the Tilak Maharastra Vidyapith, Pune

3. Correa, Carlos M, Traditional Knowledge and Intellectual Property Right,

4. WHO strategy for Traditional Medicine 2002-2005, May ’02.

5. Mashelkar, Dr RA, Intellectual property right and third world, Council of scientific and industrial research, India

6. Inter-Regional Workshop on On Intellectual Property Right in the Context of Traditional Medicine, Thiland, 2000, WHO

(by Dr RR Koirala and BN Khaniya. Published in Journal of Aurveda Doctors’ Association of Nepal/ 2005)