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
 

8.6. Pakistan

Intellectual property rights and traditional medicine from a developing country’s perspective

Dr. F.R.Y. Fazli of Pakistan presented this paper.

Developing countries are faced with the challenges of poverty and disease in their efforts to provide health care to the majority of their population. Traditional medicines help to fill the gaps in modern health care and therefore are of great importance to them. While considering the protection of intellectual property rights of traditional medicine, the obligations and implications of TRIPS/WTO must be taken into account. Past experience of intellectual property rights protection of pharmaceuticals indicates that it has made access by people difficult, while TRIPS lays down conditions which are likely to make access even more difficult. Although complying with the TRIPS obligations, national laws may exclude traditional medicine and natural materials from patent protection as allowed for within the framework of TRIPS. However, separate legislative measures or a system including a sui generis system may be considered for intellectual property rights protection of traditional medicine and traditional knowledge as well as to stop biopiracy. WHO can provide invaluable help in this direction.

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