An examination of intellectual property rights for innovators of traditional and complementary medicine in Uganda

Abstract

Traditional and Complementary Medicine is an important element of Uganda’s health care system. The Traditional Complementary Medicine Practitioners (TCMP) is part of the recognised providers for health care and form part of private Health providers. Traditional Complementary Medicine involves use of traditional indigenous knowledge and practices to generate products of therapeutic value. Such practice of this type of medicine involves discovery of new ideas and innovations. However, these discoveries or innovations are rarely acknowledged as “novel”, or protected within the realm of Intellectual Property Rights. This presents a challenge to the future innovations in the space of Traditional Complementray Medicine and other health care innovations. Drawing on this, the current study focused on Intellectual Property Rights (IPRs) in the context of Ugandan innovators of traditional and complementary medicine. It critically examined the existing legal framework for protection of intellectual property rights of innovators in the context of TCM in Uganda, assessed existing gaps and challenges, and proposed potential areas for improvement to ensure protection of TCM innovators. Using the doctrinal research as the method of study, the study examined literature, relavant books, journal articles, international instruments, regional instruments, domestic legislation, and relevant case laws among others on the issue of traditional and complementary medicine. Findings showed that there is a lack of proper legal and regulatory framework specifically to protect the IP rights of innovators in the TCM context. This is because the legal framework only protects individual rights and novelty not taking care of the community rights and those innovators putting innovations at the mercy of big pharmaceutical companies who are left out in enjoyment of benefits of their innovations. It is therefore important to amend the legal framework to take care of innovators in TCM, investing in research, funding, enhancement of economic value, environmental sustainability and training and capacity building.

Keywords: Intellectual property rights, Traditional and complementary medicine