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The underlying theme of this thesis is the systemic indifference that exists within international intellectual property law towards Indigenous traditional knowledge. In general, there appears to be a widening gap between the importance international law accords to matters of commercial interest and those of a social nature. Indigenous traditional knowledge of medicinal plants is especially disadvantaged in this dichotomous system since it is not only representative of enormous commercial profits but it is also the core of many Indigenous belief and social systems. The crystallization of international law's preoccupation with the effective protection of commercial interests came in the form of the Trade Related Intellectual Property Rights (TRIPS) agreement incorporated into the World Trade Organization (WTO). Two years previously, the Convention on Biological Diversity (CBD) was signed, reflecting international law's perceived dedication to sustainable development and became the first international treaty to address Indigenous traditional knowledge. These two pieces of international law are often seen as balancing the commercial and sustainable development needs of the international economy. Upon further examination however, one is left the impression that the idea of the CBD effectively and successfully defending the needs of sustainable development and Indigenous traditional knowledge against pressure to the contrary from TRIPS and the WTO is simplistic at best. The thesis also explore the role patent law plays in the creation of modern industries, such as the pharmaceutical industry, and how these industries are able, through the power gained via patent law, to influence national and especially international legislation. Equally, it deals with the role patents play in disempowering peoples with Indigenous traditional knowledge of medicinal plants leading to a situation where such knowledge is marginalized along with its bearers. The thesis addresses the instituti.
The basic theory underlining this article is that Indigenous traditional knowledge of medicinal plants should not be brought under the auspices of international intellectual patent law. Given the unlikelihood that the international intellectual property community will modify international patent law so that Indigenous traditional knowledge can be protected under patent law as an equal but alternative science, only parts of Indigenous traditional knowledge of medicinal plants that pass the current patentability test and have significant commercial potential would receive protection. This, in conjunction with the sovereign status of the state in international law, makes international intellectual property law an unsatisfactory candidate for the protection of Indigenous traditional knowledge of medicinal plants and the holders of this knowledge.
This study has emerged from an ongoing program of trilateral cooperation between WHO, WTO and WIPO. It responds to an increasing demand, particularly in developing countries, for strengthened capacity for informed policy-making in areas of intersection between health, trade and IP, focusing on access to and innovation of medicines and other medical technologies.
Discusses the suitability of mainstream forms of intellectual propety rights to indigenous knowledge and efforts to reconcile the Western concept of intellectual property with indigenous knowledge.
In Biomedical Hegemony and Democracy in South Africa Ngambouk Vitalis Pemunta and Tabi Chama-James Tabenyang unpack the contentious South African government’s post-apartheid policy framework of the ‘‘return to tradition policy’’. The conjuncture between deep sociopolitical crises, witchcraft, the ravaging HIV/AIDS pandemic and the government’s initial reluctance to adopt antiretroviral therapy turned away desperate HIV/AIDS patients to traditional healers. Drawing on historical sources, policy documents and ethnographic interviews, Pemunta and Tabenyang convincingly demonstrate that despite biomedical hegemony, patients and members of their therapy-seeking group often shuttle between modern and traditional medicine, thereby making both systems of healthcare complementary rather than alternatives. They draw the attention of policy-makers to the need to be aware of ‘‘subaltern health narratives’’ in designing health policy.
This book highlights the results from over a year of ethnobotanical research in a rural and an urban community in Jamaica, where we interviewed more than 100 people who use medicinal plants for healthcare. The goal of this research was to better understand patterns of medicinal plant knowledge, and to find out which plants are used in consensus by local people for a variety of illnesses. For this book, we selected 25 popular medicinal plant species mentioned during fieldwork. Through individual interviews, we were able to rank plants according to their frequency of mention, and categorized the medicinal uses for each species as “major” (mentioned by more than 20% of people in a community) or “minor” (mentioned by more than 5%, but less than 20% of people). Botanical identification of plant specimens collected in the wild allowed for cross-linking of common and scientific plant names. To supplement field research, we undertook a comprehensive search and review of the ethnobotanical and biomedical literature. Our book summarizes all this information in detail under specific sub-headings.
Modern medicine has reached a point where the patient is not treated as a biopsychosocial-spiritual being but rather is seen as a virtual identity consisting of laboratory findings and images. More focus is placed on relieving the symptoms instead of curing the disease. Mostly, patients are turned into lifetime medication-dependent individuals. New medicines are needed to overcome the side effects, complications, resistance, and intolerance caused by pharmacological and interventional therapies. In hopes of drug-free and painless alternative treatments with fewer complications, there has been a trend to revisit traditional methods that have been dismissed by modern medicine. Traditional medicine has to be reevaluated with modern scientific methods to complement and integrate with evidence-based modern medicine.
Health law and policy in Nigeria is an evolving and complex field of law, spanning a broad legal landscape and drawn from various sources. In addressing and interacting with these sources the volume advances research on health care law and policy in Nigeria and spells the beginning of what may now be formally termed the ’Nigerian health law and policy’ legal field. The collection provides a comparative analysis of relevant health policies and laws, such as reproductive and sexual health policy, organ donation and transplantation, abortion and assisted conception, with those in the United Kingdom, United States, Canada and South Africa. It critically examines the duties and rights of physicians, patients, health institutions and organizations, and government parastatals against the backdrop of increased awareness of rights among patient populations. The subjects, which are discussed from a legal, ethical and policy-reform perspective, critique current legislation and policies and make suggestions for reform. The volume presents a cohesive, comparative, and comprehensive analysis of the state of health law and policy in Nigeria with those in the US, Canada, South Africa, and the UK. As such, it provides a valuable comparison between Western and Non-Western countries.