Chapter 12: Intellectual Property (IP) and Intellectual Property Right (IPR), Traditional Knowledge (TK) and Protection of Traditional Medical Knowledge (TMK)

摘要

Intellectual property (IP), creations of the mind, has both a moral and a commercial value. Traditional medical knowledge, such as the medicinal use of herbs, is often associated with genetic resources. Herbal genetic resources exist in nature and are not creations of the human mind; therefore, they cannot be directly protected as intellectual property (IP). They are subject to access and benefit-sharing regulations under international agreements. Patents based on traditional Indian medicine have included the use of turmeric for healing wounds; the antifungal properties of neem and a diabetes medicine made from extract of black plum (Syzygium cumini) were subsequently revoked. IP includes inventions, literary and artistic works, designs and symbols, names and images used in commerce. IP is protected by patents, copyright, trademarks, trade secret, geographical indication, etc. IP law grants the author of an intellectual creation exclusive right for exploiting and benefiting from their creation. Intellectual property right (IPR) is a right of a person or a company to have exclusive authority over the use of its own plans, ideas, or other intangible assets without the worry of competition. This right safeguards creators and other producers and may be enforced by a court via a lawsuit. The plant variety protection and farmers rights act enacted in many countries of the world was designed to protect the new plant and crop variety. On April 26 every year, we celebrate World Intellectual Property Day to promote discussion of the role of IP in encouraging innovation and creativity. According to Article 27 of the Universal Declaration of Human Rights, "everyone has the right to the protection of the moral and material interests resulting from any scientific, literary, or artistic production of which he is the author". The ethical problems brought up by intellectual property rights are most pertinent when it is socially valuable goods like life-saving medicines and genetically modified seeds that are given intellectual property protection. Traditional knowledge (TK) about the use of medicinal herbs of many nations is highly valuable. TK of various communities has even led to discovery and development of drugs like digitalis, morphine, colchicine, artemisinin, podophyllotoxin, salicin, etc., from various plant species.