The present thesis focuses on Indian experience in the traditional knowledge sector. It argues that strong patent protection has not been conducive to the indigenous people and their traditional medicinal knowledge. Moreover, this protection has supported the pharmaceutical sector by entitling it with the patents, sourced from traditional herbal medicinal knowledge on the ground of novelty and usefulness. The thesis also investigates the scenarios, where time and again it has been proved that the current patent tool does not provide free hand to indigenous people. It advocates that the production and dissemination of legal clauses promoted by the Indian patent system is not an adequate legal tool for the protection of traditional medicinal knowledge. Finally the thesis explores India’s obligation to protect and preserve traditional medicinal knowledge and proposes model guidelines for the pharmaceutical sector in order to exploit herbal medicinal knowledge.

The present thesis focuses on Indian experience in the traditional knowledge sector. It argues that strong patent protection has not been conducive to the indigenous people and their traditional medicinal knowledge. Moreover, this protection has supported the pharmaceutical sector by entitling it with the patents, sourced from traditional herbal medicinal knowledge on the ground of novelty and usefulness. The thesis also investigates the scenarios, where time and again it has been proved that the current patent tool does not provide free hand to indigenous people. It advocates that the production and dissemination of legal clauses promoted by the Indian patent system is not an adequate legal tool for the protection of traditional medicinal knowledge. Finally the thesis explores India’s obligation to protect and preserve traditional medicinal knowledge and proposes model guidelines for the pharmaceutical sector in order to exploit herbal medicinal knowledge.

As we celebrate all the dynamic and dramatic improvements in human health care in the 21st century, life in much of Africa begins with and is sustained with the support of traditional medicinal knowledge. Research on traditional medicinal knowledge (TMK) is extensive, but rather few studies have been written about Traditional Healers' (THs') own perceptions about TMK and practices in relation to changing societal dynamics. The aim of this thesis is to examine how THs perceive on going socio-spatial transformation, including contemporary processes of urbanization, migration, commercialization and commodification of TMK, as well as changing dynamics of learning and knowledge systems between generations and genders and how these affect their medicinal healing practices in time and space. The thesis consists of four main empirical chapters, which derive from different data sources including literature, documentation review and qualitative interview material. The findings in this thesis can be summarised as follows: First that TMK today exists side by side with modern health systems, in what are seen as complex patterns of medical pluralism that provide evidence of an evolving role the TH plays in primary health care, in the rural and urban space. Youthful migrating population dynamics that are linked to historical processes, have effectively carved an emerging cross-sectoral role of the TH in the formal space. Secondly the developing legislation on IPR and ABS in parallel with the representation of an earlier official formal governance around TMK in Tanzania; and the difference in the sectors where TMK is anchored in the two contexts, could have paved way to some earlier collaborative mechanisms, that today provide space to enable a more natural engagement between formal and informal organizations involved in the governance of TMK in Tanzania. Thirdly, the practical ways in which TMK learning processes, which are characterized by learning systems in place, being sent and visiting sacred places that are lived by an apprentice over a number of years, have increasingly come under pressure. Fourthly the thesis shows approaches by THs, encouraging the youth to access conventional medicinal education followed by, or in parallel with TMK learned through traditional pedagogies employed by the THs themselves. The youth’s keen interest in learning TMK is seen to increase when they view improved livelihood possibilities due to the commercialization of medicinal plants. The future of TMK learning processes may be limited unless incentives are put in place for the youth regarding their future livelihoods. Fifth, gendered and generational dimensions suggest that older and some younger female THs reemphasize the values of the gift and TMK in a climate of increased commodification and commercialization of TMK, where TMK increasingly meets neoliberal processes, engaging an alternative paradigm than the gift economy, where a predominance of male TH’s in the urban space and places, increasingly define the diversification of the TMK livelihoods. The gift provided by a higher power and which is embedded in a particular cosmological view, to be used as a social service to help the community, is increasingly evolving as an emerging tested force in a changing ideological climate, with an increasing awareness of commodification, commercialization, IPR and ABS issues surrounding TMK. It implies awareness in relation to the increased benefits of commoditized and commercialized medicinal plant knowledge (which THs hold) for other individuals and institutions. The TH profession and TMK is seen as entering a contested IPR/ABS arena at a time when increasingly socio-spatial transformations are modifying its role from that of a gift to an owned commodity. However while the practice of TMK has changed over time and space, presenting new challenges as well as opportunities, it is also seen as a threat that anyone today can sell and market TMK products.

Made available in DSpace on 2016-06-02T20:45:41Z (GMT). No. of bitstreams: 1 5966.pdf: 1570084 bytes, checksum: 2e2c6304254671e63daa574073dfb3a6 (MD5) Previous issue date: 2014-04-04 / Study population-territorial, transverse survey, whose general objective was to describe the popular knowledge regarding medicinal plants, along in tree Family Health Units (USF) in the State of São Paulo, in year of 2013. The specific objectives tried to report the medicinal plants used by the community, collecting their popular name (and if it was used fresh or dried household plants), the parts used, the way of preparing them, conservation, therapeutic purpose, frequency and the source for the usage. The data collection occurred through standardized interviews, there were 25 participants, indicated by USF teams. The characterization of the participants shows that the largest number are from female gender, 19 (76%) and 6 were from male gender (24%), aged between 32 and 80 years. The results reveal that the beginning of this practice, for most participants, took place from lessons with parents. Among the plants mentioned, over 100 are for medical use, characterized by some fruit, even resin and wood waste. The most cited were: guaco, mint, bilberry and ruby. Regarding the purpose of the use, the most mentioned plant is used for disorders of the respiratory tract (such as cough, sputum, rhinitis, sinusitis, influenza-like illnesses), a fact consistent with the scientific literature. It is understood that this practice contributes to enhance the recovery and preservation of cultural diversity, allowing the users to acess a better care for themselves and giving them autonomy. Thus, it is possible a revaluation of popular knowledge, aiming to recover once deleted knowledge about the way one understands life, the knowledge about the culture inherited and acquired reconciled to scientific knowledge. / Pesquisa populacional-territorial, descritiva e transversal, cujo objetivo geral foi descrever o conhecimento popular em relação às plantas medicinais junto à três Unidades de Saúde da Família (USF) no interior do Estado de São Paulo/SP, no ano de 2013. Os objetivos específicos se detiveram em relacionar essas plantas medicinais quanto ao nome popular, partes usadas, modo de preparo, conservação, finalidade terapêutica, frequência e a origem do uso. A coleta de dados ocorreu por meio de entrevistas padronizadas, totalizando 25 participantes indicados pelas equipes das USFs. A caracterização dos participantes aponta que o maior número é do sexo feminino, 19 (76%) e 6 do sexo masculino (24%), com idade entre 32 e 80 anos. Os resultados revelam que o início desta prática, para a maioria dos participantes, aconteceu a partir de um aprendizado com os pais. Dentre as plantas apontadas, mais de 100 são para uso medicinal, caracterizando-se desde algumas frutas até resina e resíduos de madeira. As mais citadas foram: o guaco, a hortelã, o boldo e o rubim. Em relação à finalidade de uso, a mais citada é usada para afecções do trato respiratório (como tosse, expectoração, rinite, sinusite, estado gripal), fato em consonância com a literatura científica. Entende-se que valorizar esta prática contribui para o resgate e preservação da diversidade cultural, permitindo ao usuário um maior cuidado de si e conferindo-lhe autonomia. Assim, é possível uma revalorização do conhecimento popular; visando resgatar conhecimentos outrora excluídos do modo de entender a vida, saberes da cultura herdada e adquirida conciliado aos conhecimentos científicos.