Preface
Abbreviations
PART ONE: General Introduction and Overview
- Introduction
- Knowledge: The New Frontier of the Indigenous Question
- Intellectual Property and the Search for Equity
- TKPT and Socio-Cultural Imperative
- Traditional and Western Scientific Knowledge Systems
- Science as a Site of Contest
- Indigenous/Traditional Knowledge
- Traditional Knowledge of Plant-Based Therapy (TKPT)
- Applicability of IPRs to Traditional Knowledge
- Chapter Synopsis
PART TWO: Introduction on Biodiversity, Traditional Knowledge and Intellectual Property and the Protection of Indigenous Peoples in International Law
- Introduction
- Biodiversity
- Traditional/Indigenous Knowledge Systems
- Intellectual Property Rights
- International Law Relating to Indigenous Peoples
PART THREE: International Law and Traditional Knowledge of Plant-based Therapy (TKPT)
- Introduction
- Indigenous Knowledge as Part of International Law on Indigenous Peoples
- The Protection of Traditional Therapeutic Knowledge
- Traditional Therapeutic Knowledge under the WHO
- State Practices and Traditional Medicine
- Summary
PART FOUR: The Socio-Cultural Context of Traditional Knowledge of Plant-based Therapy (TKPT)
- Introduction
- Traditional Therapy and Western Biomedicine: The Paradigmatic Divergence
- The Central Role of Plants in Traditional Therapy
- Traditional Therapeutic Systems: Beyond Active Substances
- The Performing of Healing
- Multivalence of Traditional Therapeutic Methods
- The Scientific Question and Situational Logic
- Summary
PART FIVE: Intellectual Property and Traditional Knowledge of Plant-based Thearpy
- Introduction
- Intellectual Property Rights in the Context of Traditional Medicine
- The Intellectual Property Debate
- Patients and TKPT: Investigating the Tradeoffs
- Tests of Patentability and Product of Nature Rhetoric
- The Case for Patentability of TKPT
- Beyond Patenting: Folkloric Protection for TKPT
- Intellectual Property at the Periphery: Geographical Indications
- Patenting TKPT: Some Reflections
PART SIX: Towards a Cross-Cultural Dialogue on Intellectual Property Rights
- Introduction
- Appraising the Discussion
- Indigenous Knowledge: Economic Reward vs Cultural Identity
- Indigenous Knowledge: Legal Empowerment From Within
- The CBD and WIPO: Embracing the Cross-cultural Dialogue
- Knowledge Protection Outside the Regime of Conventional Intellectual Property Rights
- The Cross-cultural Approach as a Framework