Indigenous Medicine and Intellectual Property Rights: Protecting Traditional Knowledge in the Age of Bioprospecting

Abstract

The intersection of indigenous medicinal knowledge and modern intellectual property rights presents one of the most pressing challenges in contemporary bioethics and international law. As pharmaceutical companies and research institutions increasingly engage in bioprospecting activities, the exploitation of traditional knowledge without adequate compensation or recognition has emerged as a critical concern. This paper examines the complex relationship between indigenous medicine and intellectual property frameworks, exploring the tensions between Western legal paradigms and traditional knowledge systems. Through analysis of case studies, international treaties, and emerging protective mechanisms, this research demonstrates that current intellectual property regimes are fundamentally inadequate for protecting indigenous medicinal knowledge. The paper proposes a multifaceted approach combining sui generis legislation, benefit-sharing agreements, and community-based protocols to establish more equitable systems that respect both innovation and traditional custodianship. The findings suggest that effective protection requires not merely legal reform but a fundamental reconceptualization of knowledge ownership that acknowledges collective rights and intergenerational responsibilities inherent in indigenous knowledge systems.