Trips, CBD and Traditional Medicines: Concepts and Questions. Report of an ASEAN Workshop on the TRIPS Agreement and Traditional Medicine, Jakarta, February 2001
(2001; 88 pages)
Table of Contents
View the documentACKNOWLEDGEMENTS
View the documentLIST OF ABBREVIATIONS AND ACRONYMS
View the documentLIST OF RESOURCE PERSONS
View the documentEXECUTIVE SUMMARY
View the documentI. INTRODUCTION
Open this folder and view contentsII. CONTEXT
Open this folder and view contentsIII. KEY INTERNATIONAL AGREEMENTS
Open this folder and view contentsIV. IPR & TRADITIONAL MEDICINE: MISMATCH
Open this folder and view contentsV. CONCEPTS, OBJECTIVES AND CONFLICTS
Close this folderVI. OPTIONS AND CHOICES
View the document6.1 Traditional knowledge, customary law and incentives
Close this folder6.2 Options for protection
View the document6.2.1 Modifications of existing law
View the document6.2.2 Design 'sui generis' law
View the document6.2.3 The limits of law
View the document6.2.4 Other actions
View the document6.3 The choice to disclose
View the document6.4 Questions and dilemmas
Open this folder and view contentsVII. POLICIES AND STRATEGIES
Open this folder and view contentsVIII. EXAMPLES
View the documentWORKSHOP RECOMMENDATIONS
View the documentANNEX A - Workshop Agenda
View the documentANNEX B - Opening Remarks
View the documentANNEX C - Selected Articles of the Convention on Biological Diversity
View the documentANNEX D - List of Participants
 

6.2.3 The limits of law

With the exception of contracts, the options discussed above have a major weakness: their impact is limited to the country concerned. So even if a suitable and efficient national system would be developed, this would not be able to prevent the misappropriation of indigenous knowledge and of national biological resources abroad; as a result it's overall impact would be limited. However, if groups of countries, such as the Andean Community, ASEAN or the OAU, implement a consistent and coherent regional system for the protection of traditional (medicinal) knowledge and genetic resources, they would have more impact; moreover, this could encourage other (groups of) countries to do the same. Ultimately, this may create the critical mass needed to make progress at the international level.

A lack of capacity for monitoring of infringements and for enforcement, by right-holders and Governments, may further limit the actual impact of the before mentioned legal options.

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