Intellectual Property Protection for Traditional Herbal Medicine in the Cultural Science Centre of Excellence in Africa, Gulu University, Gulu District, Uganda: Challenges and Opportunities

Abstract

Traditional Herbal Medicine (THM) plays a vital role in Uganda’s Healthcare System, with an estimated 70% of the population relying on it for primary healthcare due to accessibility and its affordability ( WHO, 2024 ). However, the Intellectual Property (IP) Rights of Traditional Herbalists and Communities remain largely unprotected. This article examines the challenges and opportunities for protecting IP rights on THM in the Cultural Science Centre of Excellence in Africa, Gulu University, Northern Uganda, highlighting the need for a balanced approach that promotes innovation, preservation of cultural heritage, and equitable benefit-sharing. The key objective was to examine the challenges and opportunities for IP protection of THM in the Cultural Science Centre of Excellence, Gulu University, Northern Uganda. A mixed methods approach combining literature reviews, interviews, focus group discussions, community based participatory research, participants observation, questionnaires, arts-based inquiry with 10 experienced traditional herbalists, 3 researchers who are carrying out research on traditional medicine and 2 policy makers who participated in processing the Traditional and Complimentary Medicines Act of Uganda were used. For data analysis, content analysis and thematic analysis were used for qualitative research approach. The study found out that there is limited awareness among traditional herbalists about IP rights, that there was inadequate documentation of THM knowledge, weak regulatory frameworks, bio-piracy and exploitation by external parties. However, opportunities for development of community led IP protocols, collaboration between traditional herbalists and researchers’ capacity building for IP management and policy reforms supporting THM IP protection should be undertaken immediately. In conclusion, effective IP protection for THM in Northern Uganda requires a multifaceted approach addressing awareness, documentation, regulations and collaborations. The Cultural Science Centre of Excellence can play a pivotal role in promoting IP rights and preserving traditional medicine. We therefore recommended that setting up community-based registration systems, developing national THM IP policies, fostering international cooperation and providing training and capacity building is the way forward.