Protection and Promotion of Traditional Medicine - Implications for Public Health in Developing Countries
(2002; 131 pages) View the PDF document
Table of Contents
View the documentThe South Centre
View the documentPREFACE
View the documentINTRODUCTION
Open this folder and view contentsI. INTELLECTUAL PROPERTY AND TRM
Open this folder and view contentsII. RATIONALE FOR PROTECTION
Close this folderIII. APPLYING EXISTING IPRS
Open this folder and view contentsA. Patents
View the documentB. Trade Secrets
View the documentC. Trademarks
View the documentD. Geographical Indications
Open this folder and view contentsIV. POLICY OPTIONS: PROTECTING AND PROMOTING TRM
View the documentV. IPRs AND PUBLIC HEALTH
View the documentVI. CONCLUSIONS
View the documentREFERENCES
 

III. APPLYING EXISTING IPRS

The application of existing IPRs to traditional knowledge in general has been extensively examined in the literature89 and debated in some fora.90 Considerable attention has also been paid to the possibility of developing sui generis regimes.91 In this section the use of some forms of IPRs to protect TRM is examined. Special attention is given to patent protection, given that it enables the exercise of exclusive rights over TRM knowledge or over its possible uses.92

89 See, e.g. Dutfield, 2000a.

90 See, e.g. GRULAC, 2001.

91 See section IV.e below.

92 In contrast, trademarks and geographical indications only protect signs used to identify products, not the underlying knowledge as such.

 

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