Traditional Medical Knowledge, Intellectual Property Rights & Benefit Sharing

Authors

• Gerard Bodeker, University of Oxford Medical School

Abstract

The article argues that there is a significant conflict between the exploitation of traditional medical knowledge (TMK) by commercial entities and the efforts of indigenous communities to protect their knowledge. This conflict stems from the clash between the intellectual property (IP) system, which often favors corporate interests, and the rights of indigenous peoples to their traditional knowledge. The article highlights the need for equitable legal frameworks to address issues of ownership, benefit sharing, and prior informed consent, particularly in the context of international agreements like TRIPS and the CBD.

Disciplines

Food and Drug Law | Intellectual Property Law | Law

Recommended Citation

Gerard Bodeker, Traditional Medical Knowledge, Intellectual Property Rights & Benefit Sharing, 11 Cardozo J. Int'l & Comp. L. 785 (2003).
Available at: https://larc.cardozo.yu.edu/cjicl/vol11/iss2/20