Protecting Herbal Medicine in Intellectual Property Rights (Emphasizing the Convention on Biological Diversity and the Nagoya Protocol)

Zahedi, Mahdi; Gholamdokht, Samira

Protecting Herbal Medicine in Intellectual Property Rights (Emphasizing the Convention on Biological Diversity and the Nagoya Protocol)

Document Type : Original Article

Authors

Mahdi Zahedi

Samira Gholamdokht

Abstract

Herbalism as result of human being interactions with natural environment in the use of plants for treatment of diseases is a kind of intellectual property and cultural heritage that belong to the nations. With the occurrence of industrial revolution the use of herbalism had been forgotten, but after a while and revealing chemical drugs' harms, the world has returned to the use of herbalism again. This return has caused the occurrence of numerous bio-piracy and ignoring of sovereign right of nations on natural resources. So national and international legislators seek to find solutions to protect local and indigenous communities' rights regarding to herbalism and respect for sovereign right of nations to natural resources. The subject of present article is protection of herbalism in convention on biological diversity and Nagoya protocol. We will see although ratification of these international documents is a great step towards protection of local and indigenous communities' right regarding to herbalism, but has shortcomings that decrease their effectiveness.

Keywords

convention on biological diversity

traditional knowledge

herbalism

Nagoya protocol

bio-piracy