2017
DOI: 10.1111/jwip.12084
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Below the radar innovations and emerging property right approaches in Tibetan medicine

Abstract: Outside the established legal framework of intellectual property rights, countries have pursued multiple pathways to protect and promote traditional medicine. As Tibetan medicine is a late entrant into commercialization, the proposals to propertize generally fall within the rationale of existing sui‐generis paradigms of Intellectual property. In this context, the article enquires the state of innovations in this sector viz‐a‐viz the property right approaches in place especially in India and China. It argues th… Show more

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Cited by 7 publications
(4 citation statements)
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References 37 publications
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“…Frugal innovation models can therefore serve as an anchor to examine the successful commercialisation of indigenous innovation in countries such as Ghana. Frugal innovation models recognise that in low-income settings, it is the incremental and often non-technological innovations, often not within the radar of science and technology and policy, that translate into a substantial increase and sustained firm performance, generating income, employment and better living standards (Anderson and Markides 2007;Clark et al 2009;Radjou et al 2012;Bhatti 2012;Madhavan 2017).…”
Section: Frugal Innovation Theory (Fit)mentioning
confidence: 99%
“…Frugal innovation models can therefore serve as an anchor to examine the successful commercialisation of indigenous innovation in countries such as Ghana. Frugal innovation models recognise that in low-income settings, it is the incremental and often non-technological innovations, often not within the radar of science and technology and policy, that translate into a substantial increase and sustained firm performance, generating income, employment and better living standards (Anderson and Markides 2007;Clark et al 2009;Radjou et al 2012;Bhatti 2012;Madhavan 2017).…”
Section: Frugal Innovation Theory (Fit)mentioning
confidence: 99%
“…Lums medicinal bathing is very similar to the bathing culture practiced in indigenous medicine systems of India, Egypt, Europe, Russia [60], and Bhutan. Indeed, the scholarly Tibetan medicine is believed to be the hybrid of other major scholarly medicine systems such as Ayurvedic, Greco-Arabic, and Chinese traditional medicines [61]. Thus, origin, practice, development, transmission, and ownership (as cultural and knowledge property) for indigenous medical practices, including lums medicinal bathing, are very complex and controversial.…”
Section: Worldwide Practices Of Mh Accentuating Bhutanese Perspectivesmentioning
confidence: 99%
“…Bodle et al [10] studied the ICH protection issue from the economic perspective and proposed to treat ICH as assets, which can be put under the protection of the indigenous culture intellectual property. Madhavan [11] examined how to protect Tibetan medicine, which is a form of ICH, by taking an emerging property right approach. Ubertazzi [12] proposed to develop a new system to protect transnational ICH.…”
Section: Use Of the Existing Ipr Protection Regimementioning
confidence: 99%