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WIPOIIPR/BALI/OO/11 ORIGINAL: English DATE: July 2000
DIRECTORATE GENERAL OF INTELLECTUAL PROPERTY RIGHTS (DGIPR) DEPARTMENT OF LAW AND LEGISLATION REPUBLIC OF INDONESIA
WORLD INTELLECTUAL PROPERTY ORGANIZATION
WIPO ASEAN SUB-REGIONAL POLICY FORUM ON NEW AND EMERGING DIMENSIONS OF INTELLECTUAL PROPERTY IN THE 21sT CENTURY
organized by the World Intellectual Property Organization (WIPO) and the Directorate General of Intellectual Property Rights (DGIPR), Department of Law and Legislation, Republic of Indonesia Bali, Indonesia, July 25 to 27, 2000
THEME VII: A LOOK AT NEW GLOBAL INTELLECTUAL PROPERTY ISSUES: PROTECTION OF TRADITIONAL KNOWLEDGE
Document prepared by Professor Goeswin Agoes, Department ofPharmacy, Institute ofTechnology, Bandung, Indonesia
n:\orgaspa\shared\paguio\asean\ipforum2\papers\docII.doc
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1.
INTRODUCTION
According to history, the Indonesian ancestors came from Southeast Asia, and they were integrated and assimilated with local people. Written culture is relatively new for Indonesian culture, and modern education started during the 19th century by the colonial Dutch for local administrators who were loyal to the colonial ruler. The traditional practitioners in Indonesia are called Dukun (2,3). Dukun diagnoses disease by oral interview and observation of external symptoms, and sometimes the dukun observes a glass of water to diagnose the patients. Some "famous" dukun do their diagnosis without interview, or by simply talking to a relative of the patient who comes to visit the dukun to explain about the symptoms of the patient. The dukun will make the diagnosis and give the patient or the representative of the patient the recipe of the treatment, medicine, or instruction on how to prepare and use the medication. Traditional herbal remedies, which are called Jamu, have been used by the Javanese people for centuries. Embossed pictures at Borobudur temple show people preparing Jamu and pictures of plant which are used for preparing traditional remedies until now. The interest of using medicinal plant in modern science started in 1775 with the publication of a book named: "Herbaria Ambionensis" by Rumphius. The creation of a botanical garden in Bogor (1871), was very favorable to the development of research centers in botany, agronomy, agriculture and the publication of books about medicinal plants, e.g., (1): T.A.C. Waltz E. van Gent Mrs. Van Blokland A.G. Vorderman J. Kloppenburg-Versteegh "Practische waarnemingen over Javaansche Geneesmiddelen" "Boekoe obat-obat oentoek orang toewa dan anak" "Doekoen Djawa", with around 1800 recipes. "De transmigranten en signatuurleer in de Javaansche Geneeskunde" "Wenken en raaggevingen betreffende het gebruik van Insche Planten en Vruchten."
In Indonesia, traditional medicine, which is based primarily on observation and on personal experience, is rooted in the socio cultural contact. It is split up into several socio cultural contact in some islands. Some of traditional medicines in Indonesia are influenced by many foreign sources, e.g. India, China, the Middle East or from the west.
II.
TRADITIONAL MEDICINE IN JAVA
One of the very important written documents in Java culture is a book named Buku Centini, a compilation of Java knowledge. The book was written in 1742 Java year (1814 AC) by three Javanese Kiai (Clergymen) Kiai Ngabehi Jasadipura - Kiai Ngabehi Rongga Sutrasna - Kiai Ngabehi Sastradipura, and the initiator, Pangeran Adipati Anom (later became Pakoe Boewono V). The description of knowledge is varied from in depth subject to general knowledge. The second important book about Jamu was: "Surat Kawruh" chapter Javanese pray (jampi-jampi Jawi) written in 1759 Java year (1831 AC). It contained 1166 recipes/formulations of medicines, the majority (922) of the recipes are made of natural products and 244 in the form of prayers or signs and figures which can be used as amulets or
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page 3 talisman with super power to cure certain illnesses or to protect the owner from black magic (3). Traditional medicine in Buku Centini, provides lots of instructions on how to choose the exact time to cure a certain illness. According to Notonagoro (4), in both literature, he concluded that the classification of diseases and medications are based on: the parts of the sick body; the indication of the disease; the cause of disease like slander or bad ghost; the medication for sexual relationship, baby born and family planning; the medicine, just medicine, and the medicine to strengthen the health. Seno Sastroamidjojo (1984) published a book about ethnopharmacological study on jamu and Indonesian medicinal plants. The second edition of the book talks about medicinal plants with their vernacular, Indonesian and Latin names, morphological description, growing places, their products, constituents and usage (6). Before the Second World War, nearly all Javanese families were using traditional medicine, Jamu, for health maintenance, or for curing light illness through self-medication. Mastering of the art and knowledge of making Jamu was in the hands of the mother or grand mother, who got the art and knowledge from their mothers orally, and by practicing it. At present, the production, distribution, sales, and use of packed Jamu produced by Jamu industries are regulated by the government. The packed Jamu has to be registered at the Department of Health before it can be produced and distributed.
III.
TRADITIONAL MEDICINE IN BALI
Bali is well known for its culture and civilization, where Hinduism and Indian culture have a strong influence (3). Balinese traditional medicine had been studied by Week, and documented in his published book: "Heilkunde und Volkstrum auf Bali" (7). Mantra presented a paper entitled: Latar belakang Ausadha Bali Kuno dalam hubungannya dengan pandangan hidup (The background of conservative Bali Ausadha and its relationship with the way oflife) (8). The Balinese accept and believe in the evaluation of the being, the micro and macrocosms, from five elements (panca Mahabhuta), consisting ofKasa (room), Wayubayu (wind), Agni (fire), Jala (water) and Dhumi (earth). From these five elements emerge three important forces (tridhatu), Agni (hotness), Jala (coldness), and Wayu (average, not too hot and not too cold). These three forces are related to dogma Ang, Ung, and Mang, that is Brahma, Wisnu and Iswara. These three forces have to be in equilibrium, and the disequilibrium may cause people to be sick or ill. For returning to equilibrium the patient needs medicine prepared from suitable herbs.
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page 4 The Balinese have a good tradition and habit to write on rontar (lontar) leaves, a certain palm tree, about all things they wanted to write about, e.g. rules, doctrines, philosophy, philosophical interpretation oftheir religion, Hindhu Dharma, folklore, legends and daily life including their knowledge of traditional medicine. The rontal on traditional medicine are name ausada (means medicines), wisada, tutur, budha, etc. Week (7) studied 256 bibliographies on rontals concerning medicophilosophy, anatomy, physiology, pathology and diagnostic, marriage and pregnancy, drug combination, their formulation and indications for therapy. Tarupramana is one of the basic knowledge in Balinese Materia Medica which explain the relationship between characteristics of plants and herbs to their activities as therapeutics. Balians are traditional medical practitioners in Bali as well as in Kalimantan (9,10). Balian is identical to the description of dukun in Javanese medicine. There are many specialized Balians, such as : • • • • • • Balian usada, a herbalist. Balian lare, a pediatrician. Balian manakan, a midwife. Balian lung, a specialist in bone misplace. Balian metenung, a soothsayer, also balian mewadyan or balian ketakson. Balian nglimpungan basang, a specialist in stomach aches.
The differences between traditional medicine in Java and Bali, are a logical consequence of the differences in the tradition, religion and background of the community.
IV.
INTELLECTUAL AND PROPERTY RIGHTS OF DRUGS FROM MEDICINAL PLANTS (11-14)
According to the patent agreement, each invention such as a new product or process to be patented, should satisfy three conditions:
• It should be novel. • It should not be obvious, i.e. it should be inventive. • It should be capable of industrial application.
The degree to which these three conditions are applied, varies from country to country. For traditional medicine, there are several things that are possible to be patented: 1. 2. 3. ·4. 5. The discovery of novel bioactive compound from the medicinal plants that have not been known before. Novel pharmacology effects that have not been recognized before, either in modem pharmacology or traditional medication. Novel extraction method to obtain active compounds that have not been previously applied. New drug delivery system that have not been established for those medicinal plants. Standardization process and method of compounds in medicinal plants.
There are two important issues for us living in the developing countries i.e.:
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Firstly, who is the owner of biodiversity in every country; and secondly, in the year 2000, the global market begins and the transition period ends for TRIPS. The first one is an important issue to address especially for Indonesia and other developing countries. Until now, we have not conducted enough research and exploration on medicinal plants. This property right must protect the diversity in one country from illegal action conducted by foreign researchers and countries. For this reason, the (Indonesian) government owns the property right of biodiversity in Indonesia, and I hope this standpoint will be agreed to by all other countries. In the second issue regarding patents for medicinal plants, there are several important points to be considered, including social, economical and cultural aspects, as follows: • Medicinal plants are part of biodiversity found in a country and consequently the government owns the property rights and this has to be legally approved and agreed internationally. Medicinal plants have been used for hundreds of years, and belong to society. The use of medicinal plant is highly needed as an alternative treatment by society in developing countries. It is not rational for the society from a developing country with low GNP to pay for research costs in the form of high price of medicine for the people. The establishment ofIntellectual Property Rights (IPR), is not to secure poor people in developing countries, where medicinal plants have been used as alternative treatment for preventing disease and improving public health.
• •
•
•
I hope we will agree on the issues, and consequently, patents in medicinal plants and traditional medication will be granted selectively. Some good examples of patented herbal medicine in the USA, are: 1. Single herbal for known usage: a. Haldi: Use oftumerik in wound healing Suman K. Das, Harikar P. Cohly U.S. Patent No. 5.401.501, March 28. 1995 b. Gurman: Sugar suppressing of gurman Kazno Iwasaki & colleagues U.S. Patent No. 5.484.593. January 16, 1996 2. Single herbal for new usage: Krisshna Jureka (Nigella sativa) : To increase immune functions Rajko, D. Medanica, South Carolina U.S. Patent No. 5.482.711. January 9, 1996. From this example of patenting Medicinal Plants, we can conclude that the opportunity of patenting medicinal plants is open for the Jamu industries in Indonesia and abroad.
WIPO/IPRIBALII00l11 page 6 V. CONCLUDING REMARKS
Traditional medicine is an important alternative treatment in Indonesia. Diversities in cultural background leads to the differences in approach of traditional medicine as practised in Java and in Bali. It is necessary to protect the biodiversity of medicinal plants to achieve maximum benefit for the prosperity of Indonesian society. Patent criteria for medicinal plants have to be discussed in detail in Indonesia as well as in other countries.
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page 7 13. Agoes, G., (1998)., Distribution and Consumer Protection of Traditional Medicines based on Scientific proaf, Idem ref 12. 14. Katiyar, CK., (1998)., Traditional knowledge, Basic Nations & Current Issues, Idem ref 12.
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