The legal protection of traditional knowledge in the pharmaceutical field

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Traditional knowledge systems related to plant genetic resources have gained significant attention from science and industry, especially regarding bioprospecting for new plant-based medicines. For intellectual property lawyers, patent applications serve as a means of protection and reward for these innovations. However, the challenge lies in adequately protecting and rewarding the contributions of indigenous peoples and local communities. This book critically examines the international legal protection of plant-based traditional knowledge in the pharmaceutical sector, addressing both theoretical perspectives and practical legal measures. The analysis goes beyond a simple legal dogmatic inquiry, incorporating an understanding of law that acknowledges the intercultural dimensions of the issue. It draws upon a solid theoretical foundation to explore indigenous peoples’ declarations, academic proposals, and multilateral discussions, with a primary focus on the sui generis approach of WIPO. Through this comprehensive examination, the text aims to illuminate the complexities surrounding the intersection of traditional knowledge, intellectual property rights, and the rights of indigenous communities in the context of modern pharmaceutical development.