Anda di halaman 1dari 5


Compulsory licensing Many times the broader market entry means for developing countries in a double-e dged sword, afflicted by corruption and mismanagement of bad government administ rations in front of them, causing poverty situations that threaten human dignity and are a breeding ground for the spread of diseases in most cases have been en tirely eradicated in most industrialized countries of the world, placing the pat ent system based on international trade as a barrier to address the spread of ep idemics within their borders by the high cost to pay for their use. In the Doha Ministerial Conference member countries of the World Trade Organizat ion made the "promise" that those drugs may be necessary to solve public health problems of the payment would be free of patents. That's when leaders of third world countries willing to help its citizens choose to enter into agreements with major pharmaceutical multinationals and governmen ts of various countries to produce medicines at lower cost with the permission o f the owner of the patent which will accept payment less by using the same consi dering that it must be calculated in ways that are fair, however, this could hav e implications for the way that foreign investment comes to those nations. The term used for this type of medicine known as compulsory licensing, which is covered by the TRIPS agreement and can be applied as long as the requesting coun try substantiates the application of the same considering the application and en forcement of it will only be made in the same country or another country that is within the same agreement. C. Biopiracy This pattern of the world economy increasingly controlled by the promoters of th e treaties, which in most cases are countries with more industrial development, much has been said that it encourages the practice of biopiracy, which causes a significant decline in the way that the exploitation of natural resources of Thi rd World countries could benefit in the generation of capital to them. Biopiracy is that action which representatives of major pharmaceutical companies usually established in countries beyond the borders of the country providing th e source (s) (s) biological (s) gets the same samples without permission either the community living in the designated place or governmental authorities for the purpose. D. Revocation of patents The lack of technology to develop medicine as a final product that is suitable f or the international market has tipped the balance in favor of countries with gr eater economic power and they use the same for the isolation of active substance s and the mass of the formula patented end for human consumption according to th e process of getting legislation marks the international intellectual property. The isolation of indigenous communities and low or no education rate by the auth orities for this purpose results in a total disregard for the rights that they d eserve for their knowledge and biological environment patent which greatly damag ed in its economy and the country's largely where they are seated. Disputes within the judicial environment worldwide have been very few and often results are not expected in regard to patent claims by the communities of the co untries where the resource was obtained for the manufacture of biological medici nes, India, has been one of the main actors in such cases. Europe and the other members of TRIPS provides legal instruments to receive any claim concerning registration of medicinal formulas, and the United States, ther e was a reform within its borders and now has tools that can be used for the sam e end. The fact that base continues to generate patents in ancient medical knowledge sh ows that they are evolving even though its original use has led to other therape utic fields of application, so the revocation, and ownership of the patent is im portant to their original creators. V. Options for intellectual property protection of traditional medicine. A. The contract One of the documents endorsed and respected by the trading system at the level o f nations is the contract, so this, it becomes an option that is beginning to be used by some indigenous communities as an effective means to achieve benefits v

ernacular use of knowledge used in the creation of patent medicines sometimes su pported by trusts negotiators. In this way indigenous communities are beginning to have more access to internat ional models of research and development of therapeutic formulas for various typ es of diseases getting recognition based on the biodiversity of their place of o rigin and how they have applied the same to benefit their communities. B. Databases The use of databases as a means of supporting the lift ancient traditional medic ine through written as requested by the international laws on industrial patents has divided the community experts in the field about its suitability or unsuita bility of carrying out . As discussed, the "prior art" is a fundamental piece for the claim of any patent or revocation of the laws of the countries adhering to TRIPS so the clumping of the medical wisdom of indigenous peoples in a printed compendium makes this bec omes a legal-reaching. On the other hand critics of this system reveal the possibility that large pharm aceutical companies will make use of databases of traditional medicine to carry out a more voracious predators and effective knowledge of the indigenous vernacu lar. Jose Del Val, senior academic at the Universidad Nacional Autonoma de Mexico, an d director of the Mexico Multicultural Nation was interviewed by journalist Carm en Aristegui in CNN television program in Spanish on the Digital Library of Trad itional Mexican and stated the following: "This is a project that began 15 years ago with the then National Indigenous Ins titute in order to build a database on traditional medicine, which involved maki ng contact with the doctors, healers and prayers, setting up organizations to an alyze the problems traditional medicine, which includes not only medicine that i s used in certain regions but refers to the knowledge used by all Mexicans in ge neral, since 75% of the population uses this type of remedies, ranging from tea to the bathhouse, it was important to combine all this knowledge and the doctors could pass information back and forth, which would be the primary purpose of th e project which, in its first phase included 14 volumes with a lot of informatio n, making it unaffordable printing and distributing them, so we chose the digita l option, which to date has been the equivalent of 20 volumes. We have included a legend that says that this library is not a manual of prescriptions at all, bu t anyone who accesses this database may establish a relationship in the origin o f the medications you are currently taking, and which are chemical the plants th at were used for this purpose. " He questioned Del Val, if this type of information to be available to anyone not conducive to bio piracy, which has shed its creators in the field of Mexican tr aditional medicine, a tool to facilitate this practice, which replied: "We also raised the situation that we are making this public knowledge and that this information could escape the fact that generic resources are created, howev er we conclude that this digital library field provided the intangible intellect ual property which must be recognized through a process on this matter to the UN and UNESCO, which is taking place albeit slowly, as they must define who you ar e the rights of the same in principle belongs to all whether the benefits genera lize to all and that between the healer and the treatment of illness, are compan ies which sometimes are guilty of plunder, it is then that in this database reco rds the disease and the man healer, so that if he were to make use of this knowl edge would be obliged to make mention of where he was, even in applications for registration in the U.S., using the varieties registered in the database, refer to the same on that registration, so it is important to recognize the United Nat ions Organization of these databases intangible intellectual assets, to lay the foundation for their use and generalization, we know that the sending of this da tabase to UN creditors would make an award on the issue, but no body on it, and there is none for Mesoamerican designs. " Even the scholar referred to the use of contraceptives and knowledge were used i n antiquity by the native Mexicans and Mexican mullein, which was used as an abo rtifacient and whose mass production of contraceptives based on the mentioned pl

ant carried out the Syntex, and then said: "If you make a list of products which have become big business general laborator ies, we would see the historical proof of its effectiveness over time, so the he aling power is preset, so you would see that many of the resources generics are now included here. At this time the digital library covers 1100 of the main plan ts, however we will grow consistently through research projects and field chemis try with the doctors themselves. The computer system by the General Direction of Academic Computing at the Universidad Nacional Autonoma de Mexico, is responsib le for managing the database as to facilitate handling system has been used for crossing certain concept of which repeated in the 8000 pages that have so far. T he information on plants found there was made by prominent members of communitie s across the country and whose number is the order of 300 healers, it is divided into three flights: the dictionary containing the definition, the Atlas of plan ts gives us the location and finally by using certain plant community. " No doubt, this is an important step towards recognition of tangible intellectual property in the country, and Mexico as standard since in no country in Latin Am erica, has developed similar project, just need to recognize the UN organization attached to this. C. Claim "sui generis" We have seen how the databases are a great addition to the claim of patent or re vocation of pharmaceutical formulations as the same is done for the inclusion of factors ranging from the gender of their creators to the geographical origin of the plants used in them. The most serious problem in regard to claims based on the source of medicinal pl ants lies in the fact that most of the laws based on this type of protection can only be applied within national borders of the country the issued and in many c ases legal concepts and figures to get hit with laws be effective for this purpo se. And though the figure "sui generis" has its legal recognition, the legal framewo rk of intellectual property worldwide does not give it a well-defined legal term s which can be used easily and expeditiously to the holders of traditional knowl edge . D. Compensation for exploiting indigenous knowledge As we have seen, the indigenous model of doing things is very foreign to the usu fruct of issues related to health, however, the current situation of isolated in digenous peoples and affected by the vagaries of the global economy has raised a wareness to its members to participate more actively in the claim of its profits from the use of patents of their ancestral knowledge collectively. Taking into account the background above the value of the pharmaceutical industr y and its millions in profits for the registration and use of its patented formu las around the world, is likely to be just rewards for the owners of traditional knowledge by the savings the same obtained by minimizing the maximum cost of re search on the therapeutic properties of plants in the places they live and for s ome it does not make them partners in the generation of patent medicines. This is the type of issues that the governments of Third World countries should take a more active role for the protection and development of indigenous communi ties within them, either directly or as a supervisor in agreements with foreign governments or organizations particular, this in order that the benefits reach t heir original creators appropriately and correctly, as seen in countries like Pa nama, Thailand and the Philippines which have legislated in favor of her native, and in some cases; as the first under the supervision of the United States. VI. Conclusion As we have seen, the various laws of the Latin American countries, most have ada pted the economic models of most developed countries in a manner that allows acc ess to their markets with greater purchasing power in addition to the technologi cal support and concerning the money you get from being part of international tr eaties and agreements designated for that purpose. The importance of protecting traditional knowledge is not only an issue concerni ng the economic aspects but also is closely related to questions of identity of any nation and in our peculiar case of Mexico, this is more than palpable, but T

his does not mean that representatives of the interests of any citizen who is se ated within the borders of it, not the use the trust of those who placed them in his current position of responsibility, to legislate laws fairer regarding the use and benefit of a contribution that directly or indirectly be delivered to a stranger on a voluntary or involuntary, with total disregard for the protection of patent law is. The benefits will be represented by lower expenses from the public purse and wil l be reflected in social work for the classes most vulnerable and needy of the c ountry, they will be supported by a fair return for their contributions in knowl edge of biodiversity have used their environment and continue to use the transna tional pharmaceutical companies worldwide. The various mechanisms that are legal in the scope of the Mexicans, it is often ignored by them for that, the deputies and senators should do more field work to the current number, that in order to approach the people and resolve their need s in this particular should coordinate their actions with researchers from major universities in the country, indigenous communities and monitor how they can wo rk together to develop new pharmaceutical models based on their ancient knowledg e of traditional medicine Thus, these representatives of the people either with their own expertise in mat ters of the law in general or specific intellectual property issues through coun seling or by legal experts in international law firms, will analyze how indigeno us communities begin to receive correct and fair compensation for their contribu tions to medicine, legislating for that purpose and carry the same social works of interest to their home looking as to preserve the lifestyles of its members t o avoid the extinction of the environment that gives identity and that has led t o such advanced knowledge in different areas, but as discussed in relation to th e therapeutic use of plants. The lawyers of international law, with his deep knowledge of the laws of our cou ntry and his vision on foreign legal rules based on a globalized economic enviro nment, can be large intermediaries to perform contracts, advising on patents, re gistration trademark, patent revocation, to name a few. However, as we have seen, but to carry out trials on concepts that are not suppo rted by a database of old, requires the lawyer to focus efforts in international law, to more fertile fields as the realization of contracts between foreign pha rmaceutical companies transnational and indigenous communities in our country, t aking care to comply with all legal requirements both nationally and with the na tion which will take place, for which review the appropriate standards for the s ame based on above or treaties and international agreements. For this reason, the lawyer of international law and either individually or as m embers of a law, you must perform consulting with the ethnic group to which prev ious analysis of their contributions to the field of medicine most likely to see him for more foreign trade relations fruitful, seeking to achieve a general con sensus to avoid repeating the same legal contradictions in future, so you should mention it to the same great benefits to the community based on a law that does not belong to one person if not the all natives of the same. Then made contact with foreign companies and pharmaceutical universities be inte rested in the use of traditional knowledge and improving treatment based on a re turn that benefit to both parties within the current standards of trade, account ing for a degree in international law that which is not looking to be the larges t part of the enjoyment, if not fairly benefit the Indians to preserve and impro ve living standards today, whether in housing, education, etc.., strengthen ties culture and technology between both parties. If we can reach a point of agreement between foreigners and natives, the lawyer in international law should proceed with all formalities have reviewed previousl y be carried out before the competent authorities in the field, so that they mon itor the activities reflected in the contract and economic agreements are carrie d out as they were agreed within it. Everything described above, shows the importance of protection of traditional me dicine and fertile field for international law graduates is the same, which apar t from an economic benefit to them and the clients who hire them, they will be m

aking a great contribution to Mexican society by preserving our customs and trad itions and improving the quality of life for those who have less and represent t hem.