The Participants were divided into two groups to discuss the existing problems and gaps in traditional medicine vis-a-vis modern patent law. The problem areas and gaps identified by the two groups were further deliberated in plenary session. The problem areas and gaps identified are summarized below:

• Lack of a national policy to develop traditional medicine and lack of organizational infrastructure to utilize traditional medicine in the national health care system

• Lack of any system for traditional medicine protection and equitable sharing of benefits

• The importance and prioritization of traditional medicine has not been fully recognized and explicitly mentioned by various international health organizations

• Absence of formal or informal mechanisms for the participation of traditional healers in policy making and intellectual property development

• Lack of mechanism or strategy for equitable benefit sharing among all stakeholders

• Lack of policy and regulations for the protection of biodiversity and traditional medicine knowledge

• Lack of understanding of intellectual property rights system among stakeholders

• Lack of mechanism for developing linkages between traditional medicine of different countries

• Lack of appreciation of the potential of traditional medicine to solve the health problems of developing countries

• Lack of understanding, awareness, communication and respect between traditional medicine and intellectual property rights offices

• Differences between the concepts and fundamentals of traditional medicine and modern medicine

• Limited applicability of existing intellectual property rights laws to protect traditional medicine knowledge from biopiracy

• Inability to meet the cost of requiring, exercising and enforcing intellectual property rights for the holders of traditional medicine knowledge

The two groups also made suggestions and recommendations to address the problems and gaps in relation to patent protection in the context of traditional medicine and traditional medicine knowledge. The recommendations were further discussed in plenary session and the final outcome is reported under the Workshop recommendations in Section 9.