Brazzaville, 27 March 2006-- A workshop jointly organized by the African Union Commission (AU) and WHO on the protection of intellectual property rights related to traditional medicine ended Friday in Brazzaville with the adoption of an operational consensus document : Policy and Legislative Guidelines for the Protection and Promotion of Traditional and Indigenous Medical Knowledge in Africa.

The document addresses four major areas: the intellectual property rights (IPRs) systems relevant to traditional medicine; the roles of institutions that promote protection systems and the interface between member states and international agencies charged with the protection of IPRs and traditional medical knowledge; and national legislation guidelines for the protection of indigenous knowledge and traditional medicine and African medicinal biodiversity.

Participants identified the key elements of African traditional medical knowledge and traditional medicine that should be documented and protected, agreed on mechanisms for legal recognition and protection of traditional medical knowledge as well as innovations deriving from such knowledge. They recommended that WHO and AU should act as an interface between member states and international agencies charged with the protection of IPRs with the goal of reaching global consensus on a sui generis system – a unique system for the protection of traditional medical knowledge.

They also recommended that AU and WHO establish a working group to elaborate a “model legislation” to be adapted by member countries in developing national legislations to protect local traditional medical knowledge.

Participants urged Member States to actively promote collaborative research between traditional and modern medicine as well as institute measures to recognize and promote traditional health practice and practitioners.

International agencies dealing with IPRs issues were also urged to put in place a system for protecting traditional medical knowledge and improving access to genetic resources.

Closing the meeting, WHO Regional Director for Africa, Dr Luis G. Sambo, alluded to the growing global interest in the commercial exploitation of traditional medical knowledge and the raging debate about the issues of ownership, control of access and benefits sharing. “These concerns are not only controversial but also have real implications for the health delivery systems and other indices of development in African communities.” he said.

He called on African governments, relevant organizations and agencies to play a more active role in the recognition, development, promotion and protection of indigenous traditional medical knowledge but warned “Protection should never be for the sake of exclusion alone. The interest of the knowledge holders and their holistic development as well as the interest of the communities must always be paramount.”

The Regional Director pledged WHO’s continued assistance to countries in this regard and continued active collaboration with institutions dealing with the protection of traditional medical knowledge in the African Region.

In his remarks, Dr Mamadou Diallo, representing the AU, said that the recommendations of the workshop would be presented to experts in the WHO Eastern Mediterranean Region and Africa’s Regional Economic Communities for review.

“This way,” he said, “ we will have a continental document to enable African countries finally formulate and implement their IPR for the protection of indigenous knowledge within the context of national health legislations.”

The four-day workshop was attended by more than 60 experts including lawyers, conventional and traditional health practitioners, researchers, public health specialists, civil societies, some regional economic communities and scientists from Members States, WHO, regional and international agencies dealing with issues related to intellectual property rights.

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Samuel  Ajibola 
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Email: ajibolas [at] afro.who.int (ajibolas[at]afro[dot]who[dot]int)