SUI GENERIS APPROACH TO INTELLECTUAL PROPERTY PROTECTION OF TRADITIONAL MEDICINE KNOWLEDGE (TMK) FOR MSMES IN MYANMAR
Abstract
- Traditional medicinal knowledge carries substantial economic and cultural importance. Its economic and cultural value is considerable. Exploitation of medicinal plants and associated knowledge has occurred without sufficient compensation, with instances where researchers or companies have laid claim to it as intellectual property. Consequently, safeguarding traditional knowledge systems appears imperative. Since the existing system of intellectual property protection safeguards such knowledge, nations globally, especially those in the developing phase, should address these perceived inadequacies in existing laws by formulating or implementing additional legislation. Internationally, numerous treaties address traditional medicine, including the Convention on Biological Diversity (CBD) (1992) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (1994). Therefore, various components of a national sui generis system, including a law aimed at protecting traditional medicinal knowledge, could be incorporated into national legislation.
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Year
- 2025
Author
-
Khaing La Pyae Win1 and Dr. Nu Nu Yi2
Subject
- History, Psychology, International Relation, Geography and Law
Publisher
- Myanmar Academy of Arts and Science (MAAS)