Traditional Knowledge and Intellectual Property Rights Shu-Mei Tang, Yen-Tzu Chuang
Financial & Economic Law, Asia University, Taiwan
Abstract
Caused by the information delivery mechanism of traditional knowledge being collective memory of indigenous people passed down through generations, it differs from the traditional intellectual property framework that modern society use. Essential to the development of new drugs, this indigenous knowledge on plants and animals plays a crucial role. It not only contributes to their own survival but also holds immense value for the broader benefit of humanity. Given the global demand for medicinal botanicals, preserving biodiversity becomes imperative for the well-being of future generations. However, extending intellectual property rights to indigenous knowledge presents challenges due to its inherent nature. The current era witnesses a shift in traditional medicine, with increased efforts to involve indigenous people and local communities in international negotiations and policymaking processes related to their knowledge and resources. While offering clear directions on patentability determination, there is a need for improved provisions to balance intellectual property rights and the public interest. Analyzing regulatory developments in both Western and Eastern countries concerning traditional medicine, employing scientific theoretical and practical frameworks, proves beneficial in identifying potential issues and opportunities for enhancing the healthcare system.
Keywords: intellectual property rights, Traditional Chinese medicine, indigenous knowledge, public interest
