| Abstract: | Legal context: Although traditional medicine constitutes a component part ofthe identity of the cultural communities concerned, this formof intangible cultural heritage is vulnerable in a globalizingworld where little place is left for the protection of beliefsystems. Key points: While much has been written on traditional knowledge and IPrights, less scholarly attention has focused on the culturaldimension of traditional medicine. Further, no solution hasbeen reached on the best way to ensure its protection. Thiscontribution attempts to establish a linkage between differentsectors of international law, addressing the complex interplaybetween traditional medicine, intended as a special form ofintangible cultural heritage, and international knowledge governance. While the TRIPS Agreement adopts only proprietary approachesto knowledge governance, it has been questioned whether, inthe case of pharmaceuticals, other non-proprietary approacheswould be preferable. Different approaches will be put forwardand the Draft Treaty on Medical Research and Development willbe considered. This would provide a better framework for safeguardingand diffusing traditional medicine. Practical significance: Protecting and promoting traditional medicine may help curingdiseases spread all over the world. Thus, beyond its culturalaspects, the practical importance of traditional medicine liesin its capacity to promote the right to health and human dignity. |
