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THE PROTECTION OF TRADITIONAL MEDICINE : POLICY AND LEGAL MEASURES IN THAILAND
Asst. Prof. Dr. Panumas Kudngaongarm School of Law, Sukhothai Thammathirat Open University, Thailand.
A Background and Problems of Traditional Medicine Protection in General
almost 80% of the world’s population depends on traditional medicine for their primary health care.market value of pharmaceutical plant-based medicines sold in the OECD countries was estimated at $US 43 billion (The OECD:the Convention on the Organization for Economic Co-operation and Development member countries are Australia, Austria, Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Korea, Luxembourg, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Slovak Republic, Spain, Sweden, Switzerland, Turkey, United Kingdom and the United States. )
for Thailand, about 10,000 plant varieties containing medicinal properties, and about 2,000 terrestrial species of which are only found in Thailand.
Thailand faced some experiences of biopiracy such as Thai Jasmine rice, Kwao-Kruae and Plao-noi.
Thailand and the Policy of Traditional Medicine Protection
Under consumer protection policy By Drug Act B.E. 2510 (1967)
-Pre-marketing control
-Post-marketing control
Under IP regimes/Sui generis system
-the Protection and Promotion of Thai Traditional Medicine Intelligence B.E. 2542 (1999).
-the Plant Variety Protection Act B.E. 2542 (1999).