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
Open this folder and view contentsVI. OPTIONS AND CHOICES
Open this folder and view contentsVII. POLICIES AND STRATEGIES
Close this folderVIII. EXAMPLES
Open this folder and view contents8.1 Costa Rica's Biodiversity Law and Bioprospecting Agreements
View the document8.2 Legal Protection of Traditional Medicine and Knowledge in Thailand
View the document8.3 Philippines: Acts on Indigenous Peoples' Rights & Traditional Medicine
View the document8.4 The OAU's Model Law on Community Rights and Access to Biological Resources
View the document8.5 The Community Protocol and the draft ASEAN Framework Agreement on Access to Biological and Genetic Resources
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
 

VIII. EXAMPLES

This chapter contains some examples of relevant national legislation, dealing with access to biological resources and protection of traditional medicinal knowledge, in three countries: Costa Rica, Thailand and the Philippines. Costa Rica has tried to integrate many different objectives, and its biodiversity law is, in that sense, the most comprehensive. The Philippines and Thailand have chosen to address a narrower range of objectives; besides, the focus of their respective legislation is quite different.

Table 15 Approximate classification of national examples described below

 

modifications/supplements

example(s)

customary law

codification/formal recognition of customary law

Philippines - Indigenous Peoples Rights Act
• Philippines/Malaysia - Community Protocol

other civil & public law concepts

access and benefit sharing agreements

• Costa Rica - Bioprospecting Agreements

IPR law

modification of existing IPR

• Thailand - Plant Variety Protection Act

 

sui generis alternatives

example(s)

customary law

----

----

other civil & public law concepts

regulations on biodiversity and/or traditional knowledge; access legislation

Costa Rica - Biodiversity Law
• Philippines - Bioprospecting Executive Order

IPR law

new IPR categories

• Thailand - Traditional Medicine Intelligence Act

Adapted from table 10.

Furthermore, two examples of regional approaches are given, which, again, are quite different with regard to form as well as focus.

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