Trips, CBD and Traditional Medicines: Concepts and Questions: VIII. EXAMPLES

Trips, CBD and Traditional Medicines: Concepts and Questions
(2001; 88 pages)

Table of Contents

ACKNOWLEDGEMENTS
LIST OF ABBREVIATIONS AND ACRONYMS
LIST OF RESOURCE PERSONS
EXECUTIVE SUMMARY
I. INTRODUCTION
II. CONTEXT
	2.1 Traditional medicine - brief overview
	2.2 Traditional medicine in Indonesia
	2.3 Bioprospecting
	2.4 About piracy and conservation
III. KEY INTERNATIONAL AGREEMENTS
	3.1 The Convention on Biological Diversity
	3.2 The TRIPS Agreement
	3.3 CBD versus TRIPS
IV. IPR & TRADITIONAL MEDICINE: MISMATCH
	4.1 Problems and limitations
	4.2 Diverging opinions
V. CONCEPTS, OBJECTIVES AND CONFLICTS
	5.1 Concepts on ownership of knowledge
	5.2 Objectives and conflicts
VI. OPTIONS AND CHOICES
	6.1 Traditional knowledge, customary law and incentives
	6.2 Options for protection
		6.2.1 Modifications of existing law
		6.2.2 Design 'sui generis' law
		6.2.3 The limits of law
		6.2.4 Other actions
	6.3 The choice to disclose
	6.4 Questions and dilemmas
VII. POLICIES AND STRATEGIES
	7.1 Balancing...
	7.2 A way forward?
VIII. EXAMPLES
	8.1 Costa Rica's Biodiversity Law and Bioprospecting Agreements
		8.1.1 The law
		8.1.2 Difficulties and challenges
		8.1.3 Bioprospecting agreements
	8.2 Legal Protection of Traditional Medicine and Knowledge in Thailand
	8.3 Philippines: Acts on Indigenous Peoples' Rights & Traditional Medicine
	8.4 The OAU's Model Law on Community Rights and Access to Biological Resources
	8.5 The Community Protocol and the draft ASEAN Framework Agreement on Access to Biological and Genetic Resources
WORKSHOP RECOMMENDATIONS
ANNEX A - Workshop Agenda
ANNEX B - Opening Remarks
ANNEX C - Selected Articles of the Convention on Biological Diversity
ANNEX 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.