Report of the Inter-Regional Workshop on Intellectual Property Rights in the Context of Traditional Medicine (Bangkok, Thailand, 6-8 December 2000)
(2001; 52 pages) View the PDF document
Table of Contents
View the documentAcknowledgements
Open this folder and view contents1. Introduction
Open this folder and view contents2. The role of intellectual property rights in the context of traditional medicine
View the document3. Globalization, the TRIPS Agreement and access to essential drugs
View the document4. Intellectual property rights
View the document5. Systems and national experience for protecting traditional knowledge, innovations and practices
Open this folder and view contents6. Problems and gaps in traditional medicine in relation to modern patent laws
View the document7. Group discussion on existing problems and gaps for the protection of traditional medicine knowledge
Close this folder8. Presentations on national patent law: means, experiences and proposals
View the document8.1. China
View the document8.2. Colombia
View the document8.3. India
View the document8.4. Indonesia
View the document8.5. Kenya
View the document8.6. Pakistan
View the document8.7. Republic of Korea
View the document8.8. WHO Collaborating Centre (Chicago)
View the document9. Recommendations
View the documentAnnex I. Message to the Workshop from Dr Uton Muchtar Rafei, Regional Director WHO South-East Asia Region
View the documentAnnex II. Welcome address from Dr Mongkol Na Songkhla, Permanent Secretary, Ministry of Public Health, Thailand
View the documentAnnex III. Workshop Agenda
View the documentAnnex IV. List of Participants

8.2. Colombia

Proposal for the protection of intellectual property rights on Amazonian vernacular knowledge

Dr Alvaro Zerda of the National University of Colombia presented this paper.

• To develop a sui generis institution that recognizes the intellectual property rights of the indigenous communities over their vernacular knowledge related to the use of medicinal plants, or some kind of medicinal practices, which had been proved as useful, effective, and secure.

• To establish a fund for the distribution of royalties, common for the different ethnic communities that share the same habitat. This would recognize the potential development of new existing medicines in the indigenous communities and it would also serve as an incentive for different communities to co-operate in collective projects, so avoiding competition for priority in achieving recognition.

• The royalty payments may be made part in money to help with the community’s needs, and part by capacity building in the community, enabling individuals who possess vernacular knowledge (shamans, bush doctors, and so on) to also master western knowledge and become “cultural amphibians”, so giving the scientific dimension to their knowledge.

• In this sense, communities should have direct participation in bioprospection and development of new products that make use of their knowledge, from the moment of project design and in the subsequent stages. In this way, it is possible to contribute to the construction of a bridge between the western scientific structures and the indigenous communities.

• Finally, an international regulation mechanism must be established, so that transactions may be conducted between a particular community in one country and entrepreneurial or scientific organizations in another country. The existence of an international authority to represent the interests of the different participating actors is also justified by the fact that many times the State may have interests that do not necessarily match the national public interest, nor that of indigenous communities.

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