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
Open this folder and view contentsIII. APPLYING EXISTING IPRS
Close this folderIV. POLICY OPTIONS: PROTECTING AND PROMOTING TRM
View the documentA. Defining Public Domain
View the documentB. Title
Close this folderC. Applying Patent Laws
View the documentC.1. Subject matter
View the documentC.2 Patentability requirements
View the documentC.3. Novelty
View the documentC.4. Inventive step
View the documentD. Utility Models
View the documentE. Designing a sui generis Regime
View the documentF. Enforcement
View the documentG. Misappropriation Regime
View the documentH. Investment Incentives
View the documentI. Benefit Sharing
View the documentJ. Customary law
View the documentV. IPRs AND PUBLIC HEALTH
View the documentVI. CONCLUSIONS
View the documentREFERENCES
 

C. Applying Patent Laws

As mentioned, certain elements of TRM may be protected under patents. There are, however, several aspects of patent systems that are likely to discourage, if not make impossible, their effective use by domestic companies in developing countries willing to commercialize TRM, as well as by healers or local/indigenous communities. Some such aspects may be tackled - though not necessarily solved - by introducing changes in patent laws and regulations, as described below. Adjustments in patent law and practice would also be required to curb misappropriation of TRM.

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