Patent Applications and Protection of Traditional Medicine under the Global Intellectual Property Law Framework

Traditional medicine is deeply rooted in different cultures and remains an important global medical resource. However, the intellectual property protection of traditional medicines faces significant challenges in the global legal framework. Issues such as biopiracy, lack of novelty, difficulties in attribution and inconsistent national implementation hinder the effective patenting of traditional medical knowledge (TMK). This paper examines current international IP regimes relevant to TMK, including the Patent Cooperation Treaty (PCT), the Convention on Biological Diversity (CBD), and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). By analyzing case studies from China, India and Peru, this study identifies gaps in the legal framework and proposes improvements such as specialized patent laws, electronic TMK files and equitable benefit-sharing mechanisms. Strengthening legal frameworks and harmonizing international policies can improve the protection of TMKs and ensure fair recognition and sustainable use for future generations.