Ngom-protecting african traditional medicinal knowledge-28-aug-12

Protecting African Traditional
Medicinal Knowledge : Which Way
Esther Sandrine NGOM
Research Fellow, Open African Innovation Outlines
Setting the scene: Traditional Medicinal Knowledge in Africa Which ways to protect African Traditional Medicinal Knowledge? Exploring the role of intellectual property in open development. www.openair.org.za
Setting the scene: Tradional Medicinal
Knowledge in Africa
examples of Traditional Medicinal Knowledge
(TMK) in Africa
« Lanho » used for belly ache in my village Hibiscus leaves hair treatment to prevent the hair tobe Banana tree used (in the past) as an incubator forpremature babies, etc etc World Health Organization says that in Africa
around 80% of the population use Traditional
Medicinal Knowldge (TMK) for their health needs
Exploring the role of intellectual property in open development. www.openair.org.za
Definitions
Traditional Knowledge (general)
Elaborate knowledge, protected and passed onwithin a traditional community, generation toge Exploring the role of intellectual property in open development. www.openair.org.za
Definitions (continued)
Traditional Medicinal Knowledge (specific)
Body of practices, approaches, knowledge and faithsin health, including medicines based on plants,ani techniques, used alone or in association to maintainthe wellness to be and to treat, to diagnose or toprevent disease.
Exploring the role of intellectual property in open development. www.openair.org.za
Definitions (continued)
Specificities of Traditional Medicinal Knowledge (TMK) Transmitted from a generation to another Exploring the role of intellectual property in open development. www.openair.org.za
Problems arising
Although TMK are used by the majority of theAfrican people Exploring the role of intellectual property in open development. www.openair.org.za
Problems arising (continued)
Misappropriation of TMK (Biopiracy)
Use of TMK in medical R&D in Developed countries
starting from the late 18e century, developed which knowledge are useful for their biology andpharmacy, and some actual synthetics drugs areresults of that use of TMK (penicilline, salicylic acid,heparine, etc) Exploring the role of intellectual property in open development. www.openair.org.za
Problems arising (continued)
The New York Botanical Garden studies showed that75% of the 120 principles used now in the medicalresearch are coming from the use of TMK, and thatthis use also multiply per 4 the efficiency of there Recent studies from the Brazil IP office showed thatusing TMK as a based for medical research helpedcompanies to save time - until 400% time gained -and consequently money.
Exploring the role of intellectual property in open development. www.openair.org.za
Problems arising (continued)
Grant of Intellectual Property Rigths (IPRs) to
companies outside Africa, without any benefits for
local communities, who sometimes can become
counterfeiters by using their TMK
Pelargonium (South Africa): european Patent on a drug
against bronchitis using the TMK
Afromum stipulatum (Congo) used as a natural viagra
Uvaria Klaineri (Gabon): used against cancer
Iboga (Gabon and Cameroon) : used to figth against drug
dependence etc ….
Exploring the role of intellectual property in open development. www.openair.org.za
Which ways to protect African Traditional
Medicinal Knowledge?
Measures to figth against the disappearance of the African
Need for African states to identify them and work with thelocal communities Exploring the role of intellectual property in open development. www.openair.org.za
continued
The introduction of TMK in the formal health
systems in African countries
Some initiatives have started in this area with an Initiative from the former OUA (now African Union), Initiative on the valorisation and vulgarisation of
drugs
recommendations for minsitries in charge of healthto introduce TMK and tradtional doctors into theformal system Exploring the role of intellectual property in open development. www.openair.org.za
continued
The role of Intellectual Property
• The protection of the TMK enter in some points in the general question of the protection of TraditionalKnowledge by Intellectual Property Law, discussedactu • Some local initiative with sui generis laws to protect traditional knowledge (ARIPO law on TK protection,OAPI draft law on TK protection, other national laws) Exploring the role of intellectual property in open development. www.openair.org.za
Continued
• But, as the problem of misappropriation of TMK is transborder, there is a need for strong policies at theinternational level to protect them • Need of African countries cooperation and activism Exploring the role of intellectual property in open development. www.openair.org.za
Concluding Remarks
Appropriate our wealth, our own knowledge andcultural heritage as African Cooperation and activism from African countries fornational and regional policies to protect TMK and foran in « A single hand cannot attach a package » African
Exploring the role of intellectual property in open development. www.openair.org.za
Questions?
THANK YOU/ MERCI/ ME YEGA
www.openair.org.za ;
Exploring the role of intellectual property in open development. www.openair.org.za

Source: http://www.openair.org.za/sites/default/files/Ngom-Protecting%20African%20Traditional%20Medicinal%20Knowledge-28-Aug-12.pdf