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Discussion on Intellectual
Property Rights
07. May 2004
DO THE INTELLECTUAL PROPERTY RIGHTS
IN TRADITIONAL KNOWLEDGE IN HERBAL
MEDICINE BELONG TO THE PASTROLISTS OR HUNTER-GATHERER GROUPS?
I THINK IT SHOULD BELONG TO THE HUNTER-GATHERERS AS IT RELATES TO
TREES-
THEIR NATURAL FRIENDS...WHAT ABOUT YOU?
p.k.sena
kanyinke sena < kanyinke@yahoo.com
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Dear Sena:
I think this discussion has
potential to develop into a exciting debate. But I suggest that
you give
a context that situates the question so that responses can benefit
from this information. However, a quick one for me is that the
issue of intellectual property rights to traditional knowledge in
herbal medicine cannot be simply dealt with through a declaration
that they belong to hunter-gatherer groups or pastoralist groups.
Human communities, irrespective of their social, cultural,
economic lifestyles have over millennia discovered and developed
knowledge in herbal medicines. The issue is then what herbs were
available in their environments? I believe there are those that
hunter-gatherers dicovered and those that pastoralists discovered
as they lived and developed in their environments. I also know and
believe that there are those that traditionally agricultural
communities found, discovered and developed. I also beleive that
societies in the North did the same. The problem as I see it today
is the injustice of Nothern researchers and transnational
phamaceutical companies robbing communities in the South (hunter-gathers
and pastoralist groups included!) of their intellectual property
rights through use of an emerging body of international laws
conceived, bred, controlled and propagated by powerful states led
of course by the USA.
James Nduko
Program Officer
Kenya Human Rights Commission
Valley Arcade, Gitanga Road
P. O. Box 410 79 - 00100 GPO
Nairobi, Kenya.
J Nduko < jnduko@khrc.or.ke
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Dear All,
As per my opinion, it is true to
say that IPR belongs to indigenous persons whether
hunter-gatherers or pastoralists. Other communities are
international, criminal robbers who have robbed our ideas,
knowledge, and technology so as to enrich them.
They are opportunists and any
policy made locally or internationally should protect the rights
of the
indigenous communities.
Also measures should be taken to
curb and arrest the trend of robbing IPR.
We the Africans should stop being
manipulated by the western funds so as to sell our intellectual
property rights without our knowledge. It due to our illiteracy
and ignorance that such happens. I do support any law put in place
so as to address, redress, compensate the indigenous people rights
taken for granted.
For more information be in touch.
And may God prosecute them.
Best Regards
Kiplangat Cheruiyot
Abode Fide Human Rights Monitor
Coordinator Centre for Endangered Languages
Nakuru
peter cheruiyot < pkiplangat2002@yahoo.com
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