The person who has received the right to practice in traditional medicine as a subject of intellectual property right in the sphere of Health Care

Abstract

This article reflects the person who has received the right to practice in traditional medicine. The traditional forms of creativity and innovation must be protectable intellectual property to protect traditional remedies and indigenous art and music against misappropriation, and enable communities to control and benefit collectively from their commercial exploitation. However, unlike the other countries in Ukraine traditional knowledge is protected by conventional intellectual property systems. In our country there are not any specific systems for protecting traditional knowledge.The traditional knowledge is generally regarded as collectively originated and held, so that any rights and interests in this material should vest in communities rather than individuals. In some cases, however, individuals, such as traditional healers, might be regarded as the holders of traditional knowledge or traditional cultural expressions and as beneficiaries of protection. So the subject of intellectual property rights on traditional knowledge is indigenous peoples, indigenous communities, local communities, traditional communities, individuals, as a group of people living in the territory, which differ from other community social cultural or economic living conditions, with their own traditions and customs legislation and in some cases individuals, such as traditional healers.The living nature of traditional knowledge means that it should be protected by the special intellectual property legislation.The author provides the idea to amend the legislation of Ukraine and make a legal instrument would define what is meant by traditional knowledge who the rights holders would be, how competing claims by communities would be resolved, and what rights and exceptions ought to apply.