The challenges of protecting traditional knowledge through an IP regimen with regard to particular problems posed by traditional medicine

The healing effects of herbs and the knowledge of using herbs have been practiced and recognized for cen-turies in developing countries. However the recognition of these herbs and the right of traditional knowledge holders, are not recognized and protected properly at national and international level. The result has been that pharmaceutical companies (especially Western multinational companies), have been able to exploit both knowledge and the natural resources of the TK holders through creation of new medicine and patenting. With the emergence of intellectual property rights (IPRs), especially patent, which is the strongest form of IPRs, concerns around protecting such knowledge and genetic resources have risen. It worth noting that the concerns of protecting traditional knowledge, especially traditional medicine, through the IP regimen, is engaged with not only in cultural and belief system of TK holders towards the subject mat-ter at national level, but also with economical and legal status of TK holders and the rights they have in ben-efits of such products . Great importance that patent has in agribusiness and pharmaceutical sectors, has resulted in creation of different international agreements to understand and define this knowledge and to regulate the way of protecting this knowledge.