WELCOME Presentation

Date : 22 March 2011

Venue: Hotel Shaker, Lazimpat, Kathmandu

Presenters
DR Rishi Ram Koirala, Vice Chairman
B. Nirajan Khaniya, Research Officer

Nepal Health Research Council (NHRC). Ramshah Path, Kathmandu.

 Introduction
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WIPO list of rights:

 Literary, artistic and scientific works

 Performance of performing artists

 Phonograms, and broadcasters

 Inventions in all kinds of human endeavor

 Scientific discoveries

 Industrial design; trademarks and service marks,

 Commercial names and designations

 Protection against unfair competition; and all other

rights resulting from intellectual activity in the industrial
scientific, literary and artistic fields
 To obtain IPR,
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 If the claims (knowledge or creation or results of

research activities) are new, non-obvious, and useful
 Types if innovation:
A novel treatment, A new diagnosis, A device, drug,
New uses of drugs, Data and information, Software,
Training materials, Treatment protocols, New
management system etc
 Process of innovation:
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 Education

 Training

 Patient care

 Research and Development (R & D)

 In case of TM
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 In case of traditional systems of medicine and

indigenous medical practices, knowledge and
resources are practices by individual practitioners
could be personal as well as community wealth.

 So, IPR in traditional medicine is different than other

sector.
 Types of IPR
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 Patens
 Trademark
 Copy Right
 Design
 Plant Breeders' Rights
 Confidentiality/Trade secret/ know-how
 Geographical Indicators
 Codified knowledge (Prior Art) and Defensive Disclosure
 Non-codified knowledge
 Sui Generis Protection Systems
 Protected/Conservation Areas
 Importance
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 Encourage research and innovation activities

 Protection from being pirated or unethical use by
outsiders
 Raise awareness among the practitioners, researchers
and others
 Create entrepreneurship friendly environment
 Objectives of the guidelines
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 Tosensitize, encourage, facilitate and capture

innovations or inventions in the health sector
including traditional medical knowledge practices

 Topreserve, promote, develop and utilization of

traditional medical knowledge and folklore
 Country context
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IP is being addressed in two areas:

 Industrial property: administered by the

Department of Industries

 Copyright: being dealt with Nepal Copyright

Registrar' Office.
 IP in Health/TSM sector
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 Health research and innovation in modern medicine is

closely associated with traditional medicine
knowledge and resources
 At least two reasons:
- reduces time and budget for medical research
- provides reliable hypothesis
- stimulates new drugs and technology
development
 IPR categories in Health
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 Prior arts
 Non-codified arts
 Geographical indicators
 Sui generic protection and conservation areas
 Plant Breeders’ Rights
 Confidentiality / Trade secret / know-how,
 Defensive Disclosure
 Documentation: Primary step
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 Documentation is primary step of intellectual property

rights protection of traditional medical knowledge
(TMK).
 Verify ownership
 Preservation/Promotion of traditional medical
practices and cultures,
 Conservation of medicinal plants, genetic resources
and biodiversities
 Stage of documentation
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1. Collection: knowledge and resources

2. Recording and documentation

3. Dissemination of the information

4. Establishing ownership claims

5. Commercial Utilization
 Documentation consists of
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Documentation of
 Knowledge

 Knowledge holders

 Knowledge practitioners

 Natural sources
 Documentation process
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Before Documentation
Consult widely with all in the community

Set objectives for the documentation project and

identify any concerns about IP

Assess TK and all IPR options, before disclosing TK

Set IP strategy to implement objectives.

 Contd.
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 During Documentation
Do not disclose: to ANYONE beyond the circle!
Record TMK and associated genetic resources: but don’t
make publicly available!
Identify those who provided the information and who
claim ownership and record this information, including
any conditions or limitations they impose on its use.
Clarify and structure relationship with project partners
through contractual agreements (e.g. confidentiality
agreements and research agreements).
 Contd.
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 After documentation
Review possibilities of protecting TMK and genetic
resources through IP and other rights - and work out
what elements of your TMK could be protected as IP;
Only disclose TMK and genetic resources if this is part
of strategy
Decide whether wish to use databases and registries
to achieve IP objectives
Use and enforce IP rights in TMK and genetic
resources, if any
 Vital to remember
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 Documentation does not ensure legal protection

 In fact, in some cases it can destroy your rights and
options, if proceed without an IP strategy
 “Documentation” is not the same as putting TMK and
genetic resources in the public domain, and documented
TMK and genetic resources can still be kept confidential
or restricted
 There is no single way to approach documentation of
TMK and biological resources. Since there are many
ways of defining and protecting IP interests, should
carefully consider all your options and consult widely
before undertaking a documentation project.
 Development of TKDL
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 A tool for defensive protection, active research, and

complementary with positive protection.
 It is a bridge between TMK as prior art and patent
examiners.
 One of the significant contributions of TKDL is, its
efforts for protection and value addition of
knowledge making openly accessible.
 Commercialization research finding:
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 Licensing and research agreements

 Benefit-Sharing
 Role of NHRC:
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 Initiate to sensitize its scientists

 Formulate and adopt an Intellectual Property Rights
guideline to encourage the generation of new
Intellectual Property and participate in the
development of products and processes useful to
national health programs.
 A separate wing in NHRC
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 IPR Sub Committee formation

 An Expert team with a composition multiple discipline

 A contact person within the committee

 Process
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 Researchers/innovators/practitioners contact Contact

person with the details following the NHRC format
 Consent. Confidentiality. Ethically inaccessible even to
other staffs
 Individual knowledge holders/practitioners,
organization or community can do document their
knowledge and resources
 If genuine (as the team investigate), will be
documented, registered in the inventory data of NHRC.
 This documentation and registration will be authentic
evidence to claim relevant IP rights in future.
 Limitation:
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 NHRC is not the authorized agency to offer

ownership of knowledge and resources.
 Only have policies and procedures to provide
guidance in relation to potential conflicts of interests
concerning ownership, management and
exploitation of IP.
 National policies, guidelines, laws and other legal
provisions will be the base for management of
conflicts between/among stakeholders’ interest.
 Urgent need:
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 Debate, conversation, interaction

 Advocacy

 Awareness programs

 Inter-sectoral networks

 Information sharing
 Acknowledgement
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 Major source of information: www.wipo.org

 Questions!
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No questions ?

॥ Thank You ॥

Photos © BNK: nirajanonly@gmail.com