Post by Mpho Tumisang Gaaipone
Founder of DINGOO IP Consulting| IP Strategy & Education | WIPO ADR Young Member | Biotechnologist
Growing up, my grandmother would share stories over cups of mosukujane and legala-la-tshwene, passing down wisdom from her own grandparents. One day, I will pass this down too to my children. This is Traditional Knowledge (TK) simplified, a form of Intellectual Property (IP) at the very core of our African communities. As part of our course on Traditional Knowledge,a recent trip to the Shanghai Museum of Traditional Chinese Medicine made me reflect more on Africa’s rich heritage and biodiversity. Walking past centuries-old herb catalogues, acupuncture needles, and animal-based formulations was inspiring. Whether it is traditional Chinese medicine (TCM) in China, Kampo in Japan, or traditional herbal medicine in India and Botswana, this is all TK. As an IP professional, looking at these displays raised critical questions: • Who owns this knowledge? • Who benefits from its commercialization? • How do we honor the lineages that carried it forward? Answering this requires deliberate IP system. In Botswana, there is use of medicinal plants like sengaparile, oral transmission of traditional healing practices, but we also lack formal legal protection. In most developing countries, traditional healers face biopiracy risks, and there is a need to better capacitate them regarding their intellectual property rights (IPR). Biopiracy has been happening for decades, as developing countries, we need intentional strategies to combat it, rather than just highlighting it as a problem. Internationally, the landmark 2024 WIPO Treaty on TK and Genetic Resources is a step in the right direction, but it is not the ultimate solution. It creates transparency, but it doesn't guarantee that a traditional healer in Botswana or an acupuncturist in China will financially benefit from a patent based on their knowledge. It is ultimately up to individual jurisdictions to build functional systems that secure local protection. Many modern breakthroughs in medicine and agriculture have deep roots in tradition. TCM is a great example of how a nation can elevate local knowledge into a billion-dollar global industry. As an IP professional and biotechnologist, it would be fulfilling to assist and see a biotech company in Botswana,Zambia or Kenya partner with our traditional healers, leveraging the IP system to develop life-saving medical drugs for the nation. #DingooIPConsulting #TraditionalKnowledge #WIPOGRATK #TCM #IP
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