Medical Research Council
http://www.mrc.ac.za
Building a healthy nation
through research
Indigenous Knowledge Systems [Health] Lead
Programme
Medical Research Council – South Africa
Managing IP and Benefit-sharing on IKS
Research
Presentation to Portfolio Committee on Arts and Culture
Dr Motlalepula G. Matsabisa
29th, August 2006
“Going back to our roots for innovative health solution”
Our Mission and Vision
To promote and advance indigenous knowledge systems through
research and development by making it a valued health model in the
global environment and to redress health traditions, which until now
have neglected health research priorities and issues.
To be a centre of excellence in traditional medicines research regionally
and to be competitive globally
Objectives

Coordination and development of health research in indigenous
knowledge

Development of institutional and community networks

Development of an enabling clinical trials environment

Innovations and commercialization in traditional health
systems.

Policies governing intellectual property and benefit-sharing

Development of Research programmes that are appropriate &
relevant

Support academic research

Funding
Organizational Structure
CEO
EXECUTIVE
RESEARCH
IKS LEAD
PROGRAMME
PA
IKS UTILISATION
DELFT
SUPPORT
STAFF
SOCIAL IMPACT
RESEARCH & DEVELOPMENT
KNOWLEDGE MANAGEMENT
Malaria
Training & Capacity
Databases
Development
SBU
Job Creation
PPCP
for job creation
Drug Discovery & Development
Hypertension
GPS
Databases
Spin-out Companies
Poverty Alleviation
Ownership
and Empowerment
Newand
Method
HIV
AIDSdevelopment
Claims
Advocacy
for Cures
IKS Research Commercialization
Systems Biology Platform
Tuberculosis
Monographs
Policy
Drug Manufacturing
Sustainable community business
Capacitation
enterprises
Entrepreneurial development
Clinical Trial Platform
Cancer
Tramed
Access III
and Beneficiation
Toxicology
Diabetes
Business development
Medicinal Trade in South Africa

1988 – 1996
750 plant species used in Traditional Medicines
- 200 very infrequently traded
24 000 sp of plants in SA
4 000 used in Traditional medicines
(used by approx. 12-15 million people)
20 000t medicinal plants traded/year
- US$60million

1996
4300t of wildlife medicinals traded in KwaZulu-Natal US$13.3million

1997
750t traded in Mpumalanga –
US$2.25million
Facts

74% of drugs developed from plants could be attributed to the use of
indigenous plants in traditional medicine by various communities
(Wambembe, 1999).

The annual sales of drugs developed from traditional medicines
amounted to US$43bn out of the US$130 000bn total sales of
pharmaceuticals in the 1980s (Rural Advancement Fund Int. 1997).

Less than 0.001% of profits from plant-based drugs from traditional
medicine knowledge accrued to the people who provided the leads for
the research (Posey, 1991).

Approximately 80% of the rural population use traditional medicines.
Drugs from Plants

Drug
Use
Source

Aspirin
Pain killer
Wild willow

Theophylline
Asthma
Theobroma tree

Digitoxin / Digoxin
Heart failure
Digitalis purperieae

Artemisinin
Antimalarial
Artemisia annua

Vincristine/ Vinblastine
Anticancer

Quinine
Antimalarial
Cinchona

Penicillin
Antibacterial
Fungus

Cyclosporine
Immunosuppressant
Fungus

Tachrolymus – FK506
Immunosuppressant
Fungus

Taxol
Anticancer
Catharanthus roseus
Taxus breviata
Handling of IP and Beneficiation
South Africa’s Brief Progress

IKS Bill 2002:

To recognize, promote, develop, protect and affirm the
hitherto undermined and marginalized Indigenous
Knowledge Systems (IKS);

To contribute to the reclamation and realization of
indigenous knowledge of South Africa’s diverse
communities and value systems connected therewith;

and to establish a regulatory framework for IKS and
matters connected therewith.
IKS Proposed Bill 2002
 The objectives of the Bill are –
 To give legal recognition to Indigenous Knowledge (IK)
and Indigenous Knowledge Systems (IKS) and IK
practitioners;
 To establish principles to guide and manage the
recognition, promotion, development, innovation and
protection of IK and IKS;
 To regulate forms of ownership and benefit sharing of IK
and IKS at all levels of value addition;
IKS Proposed Bill 2002
 To provide mechanisms for the capacity building of IK
practitioners including their education, training,
capacitation, development, empowerment and
ownership;
 To promote research and development activities in the
area of IK and IKS;
 To promote public awareness of IK and IKS;
 To establish a regulatory mechanism called the
“Indigenous Knowledge Systems Authority” to assist in
achieving the above
Country’s Processes

DST- IKS Policy 2005

DST- IP from Public funded/financed Research, 2006

DEAT- Biological Diversity Act no 10, 2004

DEAT- National Environmental Management: Biodiversity Act, 2005

DOH - Traditional Health Practitioners Act, 2005?

DOH - Traditional Medicines Committee of MCC

AGRIC- Draft Policy on Protection of Indigenous Seeds, 2006

AGRIC- Plant Breeders Rights

UNESCO- Safeguarding and Protection of Intangible Heritage, 2003

DST- National Office of IKS, 2006
Country’s Processes

DST-TKDL approach - Documentation by National Biodiversity
Institutions, MRC & Centre for Scientific and Industrial Research;

DTI –Amendment Patent Law & IKS protection;

DTI-Patent Amendment Bill no.17 of 2005 -To amend the Patent Act
,1978, so as to insert certain definitions; and to require am application
for a patent to furnish information relating to any role played by an
indigenous biological or genetic resource or TK or use in an invention;
and to provide for matters connected therewith;

DTI- IP & IK Protection Policy: Interfacing protection and
commercialisation of traditional knowledge systems with the existing
intellectual property system.

DTI - Protection and Commercialization of TK within the existing IP
systems (Draft)

DST - Framework for IP from Publicly Financed Research (Draft)
IKS POLICY1

The Indigenous Knowledge Systems (IKS) Policy is an
enabling framework to stimulate and strengthen the
contribution of indigenous knowledge to social and
economic development in South Africa. The main IKS Policy
drivers in the South African context include the:

Affirmation of African cultural values in the face of
globalisation – a clear imperative given the need to promote
a positive African identity;

Practical measures for the development of the economic
value of services provided by indigenous knowledge holders
and practitioners involved in, among others, traditional
medicine, technologies, spirituality, and indigenous
languages;
IKS POLICY2

Underpinning the contribution of indigenous knowledge
to the economy – the role of indigenous knowledge in
employment and wealth creation and innovation; and

Interfaces with other knowledge systems, for example,
indigenous knowledge is used together with modern
biotechnology in the pharmaceutical and other sectors to
increase the rate of innovation
Challenges for IK Protection

In the South African context there is a need for the
formulation and development of a Policy that will also
address the following problems:

Lack of due process of the law to address the protection of IKS.

Lack of due process of the law to address commercialization of IKS.

Lack of due process of the law to empower collective holders of IKS.

Lack of due process of the law to beneficiate the holders of IKS.

Lack of due process of the law to effect technology transfer.

Lack of a legal framework to address development, economic, social
and socio-economic issues
Benefit-sharing Model
Poverty Alleviation
1/2
1/2
National (Bioprospecting)
Trust Fund
MRC
Indigenous community and
traditional healers
?
1/3
2/3
1/2
?
Local Trust Fund
Specific for Traditional
Healers and their
specificcommunities
Community
Different
Trustees
Companies jointly
Traditional
&
with
PrivateHealers
Partners
their Communities and
Research/ Funding
Institution
Investigators
Re-invest into IKS Research
?
5%
Individuals who supplied the
Information &/or the Genetic
material
The Benefit-sharing Model
Consortia
1/2
1/2
National Trust Fund
CONSORTIUM of Institutions
Indigenous communities and
traditional healers
1/2
X1
Local Trust Fund
Specific Traditional
Healers and their
Trust Account
/s
specific
Community
For
Trustees
X3
Investigators
?
Re-invest into IKS
development, education &
research
?
7%
X5
X4
?
Different communities
Traditional
Healers ,
and
their communities
&
Consortium
Traditional doctors
X2
Individuals who supplied
Information &/or the
Genetic material
Xn
Monetary & Non-monetary
Seven Models

Individuals
Individual, goes into community project
Finite period for benefit-sharing
Authentification of novelty and ownership

University Model

Consortia Model

International Collaboration
Each country to have its own model for its community
Country where source of innovation, has the final say in benefit-sharing model

Poverty Alleviation model
Community as majority shareholder with over 51% control on business
Community not allowed to sell their shares

Selling or rights of IK to be a national decision – a partnership approach encouraged

Traditional healers as inventors in patent applications and acknowledged as main
authors in publications
Concluding Remarks1

National policies –political mandate and public-privatecommunity partnership;

Budget and inter-governmental relations;

Observations on and implications of International
instruments e.g. CBD, TRIPS-WTO;

Best Practices in Africa and Developing Countries (SouthSouth relation);

NEPAD & AU country participation
Concluding Remarks2

Multi-lateral and bilateral agreements;

Capacity Building and Educational Awareness;

WIPO intergovernmental Committee - participation and implementation

No single government Department has a monopoly on IKS protection &
its Development

FINALLY : South Africa’s IKS POLICY to be Launched internationally at
WIPO a sign of hope for sui generis.

Liability clauses
http://www.mrc.ac.za
Building a healthy nation through
research
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