Overview

Medical knowledge is a source of cultural wealth and genetic resources for peoples. Long underutilized and sometimes overlooked by public policies in the Global South, this knowledge can contribute to the development of traditional medicine. It is in this context that this study was conducted to explore, among intellectual property mechanisms, those applicable to this knowledge. In addition to traditional protection mechanisms, three sui generis types have been proposed: cultural secrecy, which is comparable to the protection of undisclosed information; the related right under patent law, which is a right granted to a community following the exploitation of a patent inspired by previously undisclosed traditional knowledge; and the right to cultural therapeutic indications, which serves to identify a spiritual therapy while recognizing the therapeutic effects of this cultural practice. These protection mechanisms are likely to be adopted by policymakers and practitioners of traditional medicine to promote and integrate traditional medicine into the public health systems of Southern countries.

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