Indigenous Knowledge, Benefit Sharing and Biopiracy in Herbal Medicine

Many herbal medicines begin with knowledge held by Indigenous Peoples and local communities. This page explains, in plain terms, the words used when that knowledge meets research, patents and commerce: traditional knowledge, genetic resources, benefit sharing and biopiracy. It describes what international agreements say. It does not recommend any plant and it is not legal advice.

How the sources define the terms

• Traditional medicine. The WHO describes it as codified or non-codified systems for healthcare and well-being, with practices, skills, knowledge and philosophies originating in different historical and cultural contexts. [1]
• Traditional knowledge. WIPO notes that many Indigenous Peoples, local communities and governments seek intellectual property protection for traditional knowledge, which it says ranges from traditional medicine to environmental knowledge, art, symbols and music. [2]
• Genetic resources. WIPO says genetic resources as such are not patentable but inventions based on them may be. [2]
• Benefit sharing. Under the Nagoya Protocol, sharing the benefits that arise when genetic resources are used for research, development and commercialization. Benefits may be monetary or non-monetary, such as royalties and the sharing of research results. [3]
• Biopiracy. A term used by researchers for using biological resources or the knowledge of Indigenous tribes or communities without letting them share the revenues or other benefits. [4] This page uses the wording of the sources cited. The authors of a later paper argue that using traditional knowledge without benefit sharing can be understood as a form of neocolonialism. [5]

What international agreements say

What the research literature says

Two papers by an international group of researchers on biopiracy are a useful starting point. In one, the authors argue that patenting herbs or natural products disregarded the ownership of the knowledge Indigenous communities held about how these substances work. They add that, despite court decisions and international treaties, a rational sharing of benefits between producers and Indigenous communities "is yet a distant reality" (their assessment in 2016). [4] This is a concept and review paper, not a measurement, so treat it as expert opinion with a legal overview.

In a later paper the group argued that standards are needed so traditional medicine can be used safely and fairly: sustainable production, quality control of herbal products, randomized clinical trials and phytovigilance (monitoring for harms). [5]

Why this matters when you read about a herb

• A traditional use is a gift of knowledge, not a free ingredient. Where a source says a plant was used by a named people, that history belongs to that people. This site describes traditions in their own terms and tries not to claim authority over them.
• Public and restricted knowledge differ. Our Therapies section explains what is public and what is restricted and why a published record is not an invitation to use it.
• Field research has its own best-practice guidance. A consensus statement aims to define best practice for developing, conducting and reporting field studies on local and traditional uses of plants. [6] How those studies are done is on the ethnobotany page.
• Demand can strain wild plants. NCCIH notes that wild goldenseal (Hydrastis canadensis) has been overharvested and is available in limited amounts. [7][8] See at-risk medicinal plants and conservation.