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Continuous Internal AssessmentWork
PaperTitle- Intellectual Property Rights
SubmittedTo:-
Lieut. Dr. Pankaj Mehta Sir
Department of Environmental Sciences
Paper Code- MEVS1COO T
Topic- Intellectual Property Rights
andTraditional Medicines
Submitted By:-
Jai PrakashVerma, M.Sc.- EVS -1st Sem.
5
Roll No.- 22MEVS 6
3
Contents..
Topic- Intellectual Property Rights
andTraditional Medicines
 Introduction
 Definition
 Historical Background ofTMs
 WHOTraditional Medicines Strategy and Key Objectives
 Populations usingTMs/CAMs
 Global use of Alternative orTMs
 Traditional Herbal Medicines in economic importance
 Globalization ofTraditional Indian Medicines
 IPRs andTraditional Medical Knowledge
 Legislative and practical options for protecting
TMK.
 TheTraditional Knowledge Digital Library
(TKDL)
 Case Study of Lancong-Mecong
River’s sub-region.
Challenges
 Conclusion
Introduction:-
 Traditional medicine is popular throughout the world. In some Asian and African
countries, 80 percent of the population depend on traditional medicine, including for
primary healthcare. In many developed countries, 70 to 80 percent of the population have
used some forms of alternative or complementary medicine such as acupuncture. Many
modern drugs and vaccines are based on natural resources and associated traditional
knowledge.
 Traditional medical knowledge has social, cultural and scientific value and is important
for many indigenous peoples and local communities. Growing commercial and scientific
interest in traditional medicine systems has led to calls for traditional medical
knowledge to be better recognized, respected, preserved and protected.
 Traditional medical knowledge, such as the medicinal use of herbs, is often associated with genetic
resources. For instance, calanolides, compounds derived from the latex of Calophyllum trees found in
the Malaysian rainforest, are a potential treatment for HIV and certain types of cancer. Because genetic
resources exist in nature and are not creations of the human mind, they cannot be directly protected as
intellectual property (IP).They are, however, subject to access and benefit-sharing regulations under
international agreements.This brief focuses on IP protection of traditional medical knowledge and
does not deal specifically with associated genetic resources.
What is traditional medical knowledge?
Historical Background ofTraditional Medicines:-
I
0 /
0
Fig2: Enlisted plants of the ancient medicinal manuscript
(500BC – 800A.D.)
WHOTraditional Medicines Strategy: Key Objectives
Populations usingTM/CAM worldwide:-
Traditional Herbal Medicines in economic importance:-
 After gaining independence from Britain in 1947, the
government of India initiated measures to improve
Ayurveda as one of the major health care systems. TIM has
gained steady international demand over the years.
Ayurveda has spread around the world. Today, Ayurvedic
drugs are used as food supplements in many places like US,
Europe, and Japan. In many parts of the world, several
physicians practice Ayurveda. Several modern medical
practitioners are increasingly recommending alternative
remedies to patients when modern medicines fail to work or
when it has more side effects. Drug combination treatment is
increasingly applied in many areas in medicine. The World
Health Organization (WHO) has also recognized the
importance of traditional medicine in developing countries.
Globalization ofTraditional Indian Medicine:-
Intellectual Property Rights andTraditional Medicines:-
 Intellectual property (IP) is an important asset in different types of business, including
healthcare. The discovery of new treatments and the development of medicines for
fulfilling the medical needs demands protection of ideas and innovations. Protection of
scientific and technological innovations encourages not only researchers but also
business world to find treatment paths, improved and new medication thus helping
people live longer and better lives. Protection of IP helps healthcare companies to
recover its investments and continue to invest in new research. IP has improved
research standards in health and medicine and it will continue to unravel cure of
currently unmet needs. IP is an important pillar of our health system as it sustains the
financing model for research and development.
 Different aspects of traditional medical knowledge are under discussion in several
international forums, including WHO and the WorldTrade Organization (WTO).
 Holders of traditional medical knowledge can nevertheless face significant obstacles in satisfying the
conditions required to obtain a patent, especially the requirements of novelty and inventiveness. Because
many traditional medicines have been used for generations, disseminated in local communities and
documented in publicly available sources.
Protection ofTraditional Medical Knowledge:-
 The World Intellectual Property Organization (WIPO) is primarily concerned with
“protection” of traditional medical knowledge in the IP sense – protection against
unauthorized use by third parties. Negotiations currently underway in the WIPO
Intergovernmental Committee on Intellectual Property and Genetic Resources,Traditional
Knowledge and Folklore (IGC) seek to develop an international legal instrument that would
provide effective protection of traditional cultural expressions/folklore and traditional
knowledge (including traditional medical knowledge), and address the IP aspects of access
to and benefit-sharing of genetic resources.
IP protection can take two forms – positive and defensive protection:
• Positive protection grants IP rights over the subject matter of traditional medical knowledge.This may help
communities to prevent others from gaining illegitimate access to traditional medical knowledge or using it for
commercial gain without equitably sharing the benefits. It may also enable active exploitation of traditional medical
knowledge by the originating community itself, for example, to build up its own enterprises based on that knowledge.
• Defensive mechanism does not grant IP rights over traditional medical knowledge but aims to stop such rights
from being acquired by third parties. Defensive strategies include the use of documented traditional medical
knowledge to preclude, oppose or invalidate patents on claimed inventions that are directly based on such
knowledge.
Legislative and practical options for protecting
Traditional Medical Knowledge:-
TheTraditional Knowledge Digital Library(TKDL):-
A Case Study in ‘Lancang-Lahu Autonomous County’:
Traditional Medical Knowledge in Lancang-Mecong River
(Lesson learnt from China :-)
 Lancang Lahu autonomous county, where the Lancang-Mekong River flows by, was selected as
the case site to investigate the traditional medicinal knowledge(TMK). A comparison of TMK
between Lancang county and other places in the Lancang-Mekong sub-region was
conducted. Research on TMK has been seldom reported although there are abundant medicinal
resources in this sub-region. The key informant interview and other methods have been adopted
in the field surveys in the past six years. The investigation revealed that there was rich TMK and
various herbal medicine resources in Lancang county. A total of 220 folk prescriptions have
been collected, which were normally simple with easy processing methods and usages, and
most raw materials were freshly used.
As for medicinal plants, 121 species in 67 families have been documented. Other findings
included that TMK in Lancang county was remained at the level of medication based on
experience only. The processing methods of herbal medicines were simple and the bioactive
ingredients were not clear. Without text and cultural support for self-teaching, coupled with
conservative inheritance, it resulted in massive losses of TMK. The folk doctors have
accumulated their factions based on self-study or ancestral experience. There was different
treatment experience among folk doctors, but the safety and effectiveness should be paid
attention to. The folk doctors used various herbal medicines, but there was a lack of standards
Challenges..
 Evidence-based or scientific studies on the efficacy and safety of traditional Indian
medicines are limited. The major ingredients in most medical products are not clearly
stated.TIM has taken only limited steps to scientifically validate the efficacy of its
drugs.Today, Ayurveda is considered pseudoscientific.The practice ofAyurveda is not
licensed by any state in the US and most Ayurvedic products are marketed without
having been approved by the FDA. For successful promotion ofTIM, these problems
must be addressed [6]: (1) Quality issues, (2) quality control issues, (3) lack of
regulation, (4) need for clinical trial, (5) research and development, (6) unethical
practice, (7) protecting the medicinal plants.
Conclusion:-
 In India, two parallel systems of medicine (modern and traditional) operate side by side.
Traditional Indian medicine (TIM) refers the diverse health practices and approaches which
are related to the beliefs and spiritual remedies. It basically includes perspectives of
ceremonies, religion, practices, and medicine. It is a vast area of study that has been
investigated in many ways.There is a trend towards increased usage of medicines used in
traditional Indian systems especially those which are based on herbal products.
THANK YOU

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Intellectual Property Rights and Traditional Medicines Powerpoint Presentation {Submitted by- Jai Prakash Verma, Roll No.- 22MEVS36}..pptx

  • 1. Continuous Internal AssessmentWork PaperTitle- Intellectual Property Rights SubmittedTo:- Lieut. Dr. Pankaj Mehta Sir Department of Environmental Sciences Paper Code- MEVS1COO T Topic- Intellectual Property Rights andTraditional Medicines Submitted By:- Jai PrakashVerma, M.Sc.- EVS -1st Sem. 5 Roll No.- 22MEVS 6 3
  • 2. Contents.. Topic- Intellectual Property Rights andTraditional Medicines  Introduction  Definition  Historical Background ofTMs  WHOTraditional Medicines Strategy and Key Objectives  Populations usingTMs/CAMs  Global use of Alternative orTMs  Traditional Herbal Medicines in economic importance  Globalization ofTraditional Indian Medicines  IPRs andTraditional Medical Knowledge  Legislative and practical options for protecting TMK.  TheTraditional Knowledge Digital Library (TKDL)  Case Study of Lancong-Mecong River’s sub-region. Challenges  Conclusion
  • 3. Introduction:-  Traditional medicine is popular throughout the world. In some Asian and African countries, 80 percent of the population depend on traditional medicine, including for primary healthcare. In many developed countries, 70 to 80 percent of the population have used some forms of alternative or complementary medicine such as acupuncture. Many modern drugs and vaccines are based on natural resources and associated traditional knowledge.  Traditional medical knowledge has social, cultural and scientific value and is important for many indigenous peoples and local communities. Growing commercial and scientific interest in traditional medicine systems has led to calls for traditional medical knowledge to be better recognized, respected, preserved and protected.  Traditional medical knowledge, such as the medicinal use of herbs, is often associated with genetic resources. For instance, calanolides, compounds derived from the latex of Calophyllum trees found in the Malaysian rainforest, are a potential treatment for HIV and certain types of cancer. Because genetic resources exist in nature and are not creations of the human mind, they cannot be directly protected as intellectual property (IP).They are, however, subject to access and benefit-sharing regulations under international agreements.This brief focuses on IP protection of traditional medical knowledge and does not deal specifically with associated genetic resources.
  • 4. What is traditional medical knowledge?
  • 5. Historical Background ofTraditional Medicines:- I 0 / 0 Fig2: Enlisted plants of the ancient medicinal manuscript (500BC – 800A.D.)
  • 8.
  • 9. Traditional Herbal Medicines in economic importance:-
  • 10.  After gaining independence from Britain in 1947, the government of India initiated measures to improve Ayurveda as one of the major health care systems. TIM has gained steady international demand over the years. Ayurveda has spread around the world. Today, Ayurvedic drugs are used as food supplements in many places like US, Europe, and Japan. In many parts of the world, several physicians practice Ayurveda. Several modern medical practitioners are increasingly recommending alternative remedies to patients when modern medicines fail to work or when it has more side effects. Drug combination treatment is increasingly applied in many areas in medicine. The World Health Organization (WHO) has also recognized the importance of traditional medicine in developing countries. Globalization ofTraditional Indian Medicine:-
  • 11. Intellectual Property Rights andTraditional Medicines:-  Intellectual property (IP) is an important asset in different types of business, including healthcare. The discovery of new treatments and the development of medicines for fulfilling the medical needs demands protection of ideas and innovations. Protection of scientific and technological innovations encourages not only researchers but also business world to find treatment paths, improved and new medication thus helping people live longer and better lives. Protection of IP helps healthcare companies to recover its investments and continue to invest in new research. IP has improved research standards in health and medicine and it will continue to unravel cure of currently unmet needs. IP is an important pillar of our health system as it sustains the financing model for research and development.  Different aspects of traditional medical knowledge are under discussion in several international forums, including WHO and the WorldTrade Organization (WTO).  Holders of traditional medical knowledge can nevertheless face significant obstacles in satisfying the conditions required to obtain a patent, especially the requirements of novelty and inventiveness. Because many traditional medicines have been used for generations, disseminated in local communities and documented in publicly available sources.
  • 12. Protection ofTraditional Medical Knowledge:-  The World Intellectual Property Organization (WIPO) is primarily concerned with “protection” of traditional medical knowledge in the IP sense – protection against unauthorized use by third parties. Negotiations currently underway in the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources,Traditional Knowledge and Folklore (IGC) seek to develop an international legal instrument that would provide effective protection of traditional cultural expressions/folklore and traditional knowledge (including traditional medical knowledge), and address the IP aspects of access to and benefit-sharing of genetic resources. IP protection can take two forms – positive and defensive protection: • Positive protection grants IP rights over the subject matter of traditional medical knowledge.This may help communities to prevent others from gaining illegitimate access to traditional medical knowledge or using it for commercial gain without equitably sharing the benefits. It may also enable active exploitation of traditional medical knowledge by the originating community itself, for example, to build up its own enterprises based on that knowledge. • Defensive mechanism does not grant IP rights over traditional medical knowledge but aims to stop such rights from being acquired by third parties. Defensive strategies include the use of documented traditional medical knowledge to preclude, oppose or invalidate patents on claimed inventions that are directly based on such knowledge.
  • 13. Legislative and practical options for protecting Traditional Medical Knowledge:-
  • 15. A Case Study in ‘Lancang-Lahu Autonomous County’: Traditional Medical Knowledge in Lancang-Mecong River (Lesson learnt from China :-)  Lancang Lahu autonomous county, where the Lancang-Mekong River flows by, was selected as the case site to investigate the traditional medicinal knowledge(TMK). A comparison of TMK between Lancang county and other places in the Lancang-Mekong sub-region was conducted. Research on TMK has been seldom reported although there are abundant medicinal resources in this sub-region. The key informant interview and other methods have been adopted in the field surveys in the past six years. The investigation revealed that there was rich TMK and various herbal medicine resources in Lancang county. A total of 220 folk prescriptions have been collected, which were normally simple with easy processing methods and usages, and most raw materials were freshly used. As for medicinal plants, 121 species in 67 families have been documented. Other findings included that TMK in Lancang county was remained at the level of medication based on experience only. The processing methods of herbal medicines were simple and the bioactive ingredients were not clear. Without text and cultural support for self-teaching, coupled with conservative inheritance, it resulted in massive losses of TMK. The folk doctors have accumulated their factions based on self-study or ancestral experience. There was different treatment experience among folk doctors, but the safety and effectiveness should be paid attention to. The folk doctors used various herbal medicines, but there was a lack of standards
  • 16. Challenges..  Evidence-based or scientific studies on the efficacy and safety of traditional Indian medicines are limited. The major ingredients in most medical products are not clearly stated.TIM has taken only limited steps to scientifically validate the efficacy of its drugs.Today, Ayurveda is considered pseudoscientific.The practice ofAyurveda is not licensed by any state in the US and most Ayurvedic products are marketed without having been approved by the FDA. For successful promotion ofTIM, these problems must be addressed [6]: (1) Quality issues, (2) quality control issues, (3) lack of regulation, (4) need for clinical trial, (5) research and development, (6) unethical practice, (7) protecting the medicinal plants. Conclusion:-  In India, two parallel systems of medicine (modern and traditional) operate side by side. Traditional Indian medicine (TIM) refers the diverse health practices and approaches which are related to the beliefs and spiritual remedies. It basically includes perspectives of ceremonies, religion, practices, and medicine. It is a vast area of study that has been investigated in many ways.There is a trend towards increased usage of medicines used in traditional Indian systems especially those which are based on herbal products.