Trips And Traditional Knowledge: Reconciling Intellectual Property With Herbal Medicine And Indigenous Heritage
- IJLLR Journal
- Apr 21
- 2 min read
Abraham Joseph, CHRIST (Deemed to be University), Delhi NCR
I. INTRODUCTION
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is a crucial international legal framework that sets minimum standards for the protection and enforcement of intellectual property (IP) rights across World Trade Organization (WTO) member countries. Established in 1994 under the Uruguay Round of the General Agreement on Tariffs and Trade (GATT), the TRIPS Agreement seeks to harmonize global IP laws by mandating compliance with its provisions. It covers various forms of IP, including patents, copyrights, and trademarks, ensuring that innovative and creative works receive adequate legal protection worldwide. One of the key areas affected by TRIPS is the pharmaceutical sector, including herbal medicines. Historically, traditional knowledge (TK) related to herbal medicines has been passed down through generations within indigenous and local communities. However, the integration of such knowledge into the modern intellectual property system raises complex legal, ethical, and socio-economic concerns. The TRIPS Agreement obligates member countries to grant patents for inventions that meet the criteria of novelty, inventive step, and industrial applicability. This has led to challenges in defining and protecting traditional herbal medicine knowledge, which often does not fit neatly into these patent criteria.
Herbal medicines, being an integral part of healthcare systems for centuries across different cultures, traditional herbal remedies have played a vital role in treating ailments and promoting overall well-being. Countries like China, India, and various African nations have rich traditions of herbal medicine, often rooted in indigenous knowledge systems such as Ayurveda, Traditional Chinese Medicine (TCM), and African ethno-medicine. Even in Western medicine, herbal-derived compounds such as aspirin (from willow bark) and quinine (from cinchona bark) have demonstrated the therapeutic potential of natural remedies. In modern healthcare, herbal medicines continue to gain recognition due to their perceived safety, efficacy, and holistic benefits. The growing global demand for natural and plant-based medicines has fuelled the expansion of the herbal medicine industry, making it a lucrative market. However, the commercialization of herbal medicines also brings forth concerns regarding biopiracy—the unauthorized exploitation of indigenous knowledge by corporations and researchers who seek to patent traditional remedies without fair compensation to the original knowledge holders.
