ABSTRACT
Using the Pelargonium case as a springboard, this chapter discusses the relationship between intellectual property law and traditional medical knowledge, the role that intellectual property rules and principles can play in protecting traditional medical knowledge against misappropriation. Intellectual property protection of traditional medical knowledge is different from its "preservation" or "safeguarding." Generally, and although other forms of intellectual property are relevant, the most important type of intellectual property rights for medicines is patent protection. With specific reference to intellectual property, in 2000, World Intellectual Property Organization (WIPO) member states decided that a distinct body should be established within WIPO to facilitate discussions among the member states on the relationship between intellectual property and traditional knowledge, and genetic resources. Both the African Model Law and the Swakopmund Protocol recognize the role of customary laws and practices in protecting traditional knowledge: customary laws and practices play an important role in the protection of traditional medical knowledge.
