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<p>Indigenous Medical Knowledge (IMK) comprises holistic, culturally embedded health systems that remain inadequately protected by prevailing intellectual property (IP) regimes. Rooted in Western legal constructs, international frameworks such as TRIPS and the Nagoya Protocol often overlook IMK’s collective, intergenerational, and spiritual dimensions. This review highlights the resulting ethical and legal gaps, including biopiracy, epistemic injustice, and cultural erasure. It argues for a bioethically grounded policy reform through: (1) sui generis legal protections reflecting Indigenous epistemologies; (2) treaty amendments embedding Indigenous rights and decision-making authority; and (3) ethics-based governance models emphasizing consent, co-creation, and equitable benefit-sharing. Through case studies like the turmeric, neem, and San-Hoodia examples, the article positions global bioethics as a necessary framework for redressing knowledge inequities and advancing justice in IMK governance.</p>

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Indigenous medical knowledge and intellectual property: a policy gap in global bioethics

  • 期刊论文

  • 发表日期：

    2026年7月7日

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  • Pragnesh Parmar,
  • Gunvanti Rathod

摘要

Indigenous Medical Knowledge (IMK) comprises holistic, culturally embedded health systems that remain inadequately protected by prevailing intellectual property (IP) regimes. Rooted in Western legal constructs, international frameworks such as TRIPS and the Nagoya Protocol often overlook IMK’s collective, intergenerational, and spiritual dimensions. This review highlights the resulting ethical and legal gaps, including biopiracy, epistemic injustice, and cultural erasure. It argues for a bioethically grounded policy reform through: (1) sui generis legal protections reflecting Indigenous epistemologies; (2) treaty amendments embedding Indigenous rights and decision-making authority; and (3) ethics-based governance models emphasizing consent, co-creation, and equitable benefit-sharing. Through case studies like the turmeric, neem, and San-Hoodia examples, the article positions global bioethics as a necessary framework for redressing knowledge inequities and advancing justice in IMK governance.