Impact of TRIPS and Traditional Knowledge agreements on research for Traditional

Medicines

CC Maponga University of Zimbabwe School of Pharmacy;

Traditional Medical Practitioners Council

Domestication of Trips Flexibilities in National IP Legislation for Strengthening Access to Medicines In Zimbabwe:

National Workshop, Holiday Inn Hotel, Harare 22 -23 January 2014

Outline of this Presentation

• Where does ATM fit into this workshop?

• How much is happening regarding IKS, IP and ATM in Zimbabwe?

Increased Local Focus on IKS

• Indigenous Knowledge Systems (IKS), included in key

recent documents in Zimbabwe

– New Constitution

– Ruling Party’s resolutions

– Zim-Asset

Constitution of Zimbabwe Amendment (No. 20) Act 2013

Chapter Section Statement

2. National Objectives

16. CultureThe State and all institutions and agencies of government at every level(1)..must promote and preserve cultural values and practices which enhance the dignity, well-being and equality of Zimbabweans(2) ..and all Zimbabwean citizens, must endeavor to preserve and protect Zimbabwe’s heritage(3) ..take measures to ensure due respect for the dignity of traditional institutions

33. Preservation of traditional knowledge

The State must take measures to preserve, protect and promote indigenous knowledge systems, including knowledge of the medicinal and other properties of animal and plant life possessed by local communities and people

ZANU (PF) 14th Annual Conference Resolutions (Dec 2013)

Resolution Reference Resolution Statement

Viii. Sports, Culture, Religion and the Liberation War Heritage

8. To urge Zimbabweans to respect and uphold the role of traditional institutions as enshrined in the New Constitution.

Zim-Asset Reference p83 (110)

Cluster Key Result Area

Cluster Outcomes

Cluster Outputs Strategies Lead Institution

Human Capacity Building & Development

Increased Indigenous Intellectual property, registration and promotion of indigenous knowledge system

Intellectual property rights registered

Indigenous knowledge systems promoted

Register property rights

Promote indigenous knowledge systems

Ministry responsible for Higher Education

What is Traditional Medical Knowledge?

The World Health Organization (WHO) defines traditional medicine as;•“the sum total of the knowledge, skills and practices based on the theories, beliefs and experiences indigenous to different cultures, whether explicable or not, used in the maintenance of health, as well as in the prevention, diagnosis, improvement or treatment of physical and mental illnesses”.

1978, Alma ata declaration on primary health care (WHO)

• Recognizes the role of Traditional Medicine on primary health care

• Traditional Practitioners need recognition, respect and reward for the services they provide

• In developing countries where needs are great and resources scarce Traditional Medicine can play a significant role

Increasing use and popularity of Traditional Medicines

• In Ghana, Mali, Nigeria and Zambia first line treatment for 60% of children Malaria fever use of herbal medicines at home

• In China, traditional herbal preparations account for 30% - 50% of the total medicinal consumption

• In Europe, North America and other industrialized regions, over 50% of the population use complementary or alternative medicines

• The global market for herbal medicines currently stands at over US $60 billion annually and is growing steadily

Biodiversity and efficacy issues

• Growing herbal market and its great commercial benefits poses a threat to biodiversity

• If not controlled may lead to extinction of endangered species and the destruction of natural habitats

• Current patency laws are inadequate to protect traditional knowledge and biodiversity

Conclusion of the assessment of Access to Health Care Services in Zimbabwe by D. Makuto and V.

James, April 2008

– “ resilience of the communities surveyed allows them to continue to thrive even under the difficult economic environment

– this attests to the fact that they have coping mechanisms that remain largely unexplored

– decision might find a lot to learn from them to come up with better custom made solutions to challenges found at the community level”

Conclusion

• Traditional Medicine is good

• Conventional Medicine is good

• But the combination is better

Integration of Traditional Medicine into primary health care

This means;• Increase of health care coverage through

collaboration, communication, harmonization• Partnership building between conventional and

traditional systems of medicine• Ensuring intellectual property rights and protection

of indigenous knowledge• Formalized research and training for THPs

Agreements• Trade Related Aspects of Intellectual Property Rights

Agreement (TRIPS)o today’s workshop theme

• Convention on Biological Diversity (signed in Rio in 1992)o enforces protection of the rights of local people and local

knowledge

• The World Intellectual Property Organization (WIPO)o primarily concerned with “protection” of traditional medical

knowledge in the IP senseo protection against unauthorized use by third parties

Traditional Medical (TM) practitioners Act 1981

• This is one of the comprehensive pieces of legislation on the practice of TM medicine that has been enacted in the region

• Section 3 establishes the council which consists of 12 members who are appointed by the Minister from among TM practitioners and professionals with knowledge and interest in TM

Traditional Medical Practitioners Act 27:14

• Section 3 (2)The function and purpose of the Council shall be—(a) to supervise and control the practice of traditional

medical practitioners;(b) to promote the practice of traditional medical

practitioners and to foster research into, and develop the knowledge of, such practice;

• This section inspires both Training and Continuing Education of THPs in Zimbabwe

UNIVERSITY OF ZIMBABWECollege of Health Sciences

School of Pharmacy (Skills Development and Training Unit)

in collaboration with the

International Pharmacotherapy Education and Research Initiative (IPERI)

Certificate Course for Traditional Health Practitioners

A support group member from the Chitungwiza Utano Community Partnership Project tends the herb garden in Chitungwiza, Zimbabwe. The herbs are used in traditional medicines.

Utano Herbal Garden at the Community Center in Chitungwiza

Collaborating with Patients to Research and Learn More about their Use of ATM

Table 2: Traditional Health Practitioners Course Outline

  Block I (2 weeks) Block II (2 weeks)

CORE MODULES

1. Law relating to traditional medical practice

2. Ethical practice in traditional healthy delivery

3. Introduction to business and project management

4. Sustainable community development

1. Practice of law and ethics in Zimbabwean traditional health practice

2. Business approach to project management for sustainable community development

ELECTIVE MODULES (2 ONLY)

1. Herbal medicines and basic nutrition 2. Communication skills and counseling3. Philosophy of spiritualism4. Basics in to community health service

delivery5. Sanitation, hygiene, and safe use of

medicines in home

Public interest in THPs Training

Regalia for Certified THPs

TMPC’s priorities

Promote research on efficacy, quality and safety of TM

• Conduct an inventory of research institutions carrying out TM research

• Identify priorities for TM research and develop national research plan for TM

• Facilitate training of scientists on TM research methodology

• Identify and document commonly used herbal and other natural medicines

• Develop national guidelines on Intellectual Property Rights

Summary of challenges

• Need a regulatory framework on– intellectual property rights– traditional medicine research– the manufacture and distribution of traditional

medicines despite the availability of generic guidelines from WHO

• Need policies and legal framework (SI for 27:14)• Need for a census of THPs in the country for

planning purposes

Thank you!