The Bangkok Post Sept. 30 1998

Bill to protect local herbalists approved after a long wait

Expected to cover all types of healing herbs

Aphaluck Bhatiasevi

The cabinet yesterday approved the long-awaited Thai Medical Intellectual Protection and Promotion Bill, aimed at protecting traditional healers and existing knowledge of Thai herbs and traditional medicine.

Despite widespread use of herbal medicines, Thailand has not yet listed the existing local knowledge of traditional healers, nor have their ingredients for medical therapy been officially compiled to guarantee protection of their intellectual rights.

Pointing out the need to give legal recognition to traditional healers and their knowledge, Traditional Thai Medicine Institute director Pennapha Subcharoen said their rights were at the moment unprotected under the Intellectual Property Law.

According to Dr Pennapha, it is necessary to make the law, which is expected to cover all types of plant species used for healing, effective before Thailand ratifies the Biodiversity Convention, which promotes the sharing of natural resources between member countries.

She said that without guaranteed protection of traditional Thai knowledge before the ratification of the convention resulting from the Earth Summit in 1992, such knowledge could be used in research and development of herbs that would be licensed by foreigners.

The convention, which claims to curb action against destruction of biological species, habitats and ecosystems, enables all member countries to have access to natural resources of any member country.

According to Dr Pennapha, it is feared that Thailand would not be sufficiently compensated for the use or development of its traditional and herbal medicines.

Along with the bill to protect traditional Thai wisdom, she said, authorities concerned should also push for enforcement of two other laws that would help protect local wisdom and resources - the Community Forest Bill and the Bill on Protection of Plant Species.