Assessment of Possible Intellectual
Property Protection Options of Traditional
Knowledge System in Ethiopia: Special
Reference in Herbal Medicine forLivestock
African Technology Policy Studies Network

WORKING PAPER SERIES | No. 65
Tibebu Solomon

Assessment of Possible Intellectual Property
Protection Options of Traditional Knowledge
System in Ethiopia: Special Reference in Herbal
Medicine for LivestockTibebu Solomon
Ministry of Science & Technology
Ethiopia

The African Technology Policy Studies Network (ATPS) is a multidisciplinary network of researchers, private sector actors andpolicy makers promoting the generation, dissemination, use andmastery of science, technology and innovation (ST&I) for African
development, environmental sustainability and global inclusion.
ATPS intends to achieve its mandate through research, capacity
building and training, science communication/dissemination andsensitization, participatory multi-stakeholder dialogue,knowledge brokerage, and policy advocacy.
Published by the African Technology Policy Studies Network
P O Box 10081, 00100 GPO Nairobi Kenya
2012

Published by the African Technology Policy Studies Network

ISBN: 978-9966-030-35-1

Table of Contents
Acknowledgement

4

List of Acronyms

5

Executive Summary

6

1.

Introduction

11

2.

Background16

3.

Research Justification

21

4.

Objectives

23

5.

Literature Review

24

6.

Materials & Methods

30

7.

Results & Discussions

37

8.

Conclusions & Recommendations

56

Bibliography

59

Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 3

Acknowledgement
This paper was produced as part of the implementation of the ATPS phase VI
Strategic Plan, 2008-2012 funded by ATPS Donors including the Ministerie van
Buitenlandse Zaken (DGIS) the Netherlands, Rockefeller Foundation, OpenSociety Foundation, UNESCO, European Union, African Union, amongst others.
The authors hereby thank the ATPS for the financial and technical support during
the implementation of the Intellectual Property Program. The authors particularly
thank the Executive Director of the ATPS Prof. Kevin Urama for his visionary
leadership and all members of his team at the ATPS. We are also grateful to theProgramme Coordinators including Mr. Joseph Wekundah of the Biotechnology
Trust Africa, Dr. Maurice Bolo (ATPS), Dr. Nicholas Ozor (ATPS), Prof. Moni
Wekesa (Mount Kenya University) for their technical supports to the Programme.

4 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for LivestockList of Acronyms
ARIPO
ATPS
ATVET
EIPO
FDG
IP
IPR
IBC
IAR
IKS
MoST
NHNRI
PS
PGRs
QSAE
TK
THRGE
WIPO
WGARC

African Regional Intellectual Property Organization
African Technology Policy Studies Network
Agri. Technical Vocational Education Training
Ethiopian Intellectual Propriety Office
Focus Group Discussion
Intellectual Property
Intellectual property rightInstitute of Biodiversity Conservation
Agricultural Research Institutes
Indigenous Knowledge System
Ministry of Science and Technology
National Health and Nutrition Research Institute
Pilot Survey
Ethiopian Crop Plant Genetic Resources.
Quality Standard Authority of Ethiopia
Traditional Knowledge
Organizing Traditional Healers Research Group of Ethiopia
World Intellectual Property Office
Wondo Genet Agricultural Research Center

Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 5

Executive Summary
This report was prepared as per the Grant obtained from the African Technology
Policy Studies Network (ATPS CP 0209/04) whose primary objective is to support
the implementation of the ATPS/BTA Intellectual Property program on Traditional
Knowledge Systems & Increasing Access and benefit Sharing of Intellectual
property in Africa.
This research was initiated to exploit the traditional knowledge on traditional
herbal medicine with special reference to livestock. Healing with Ethiopian
traditional medicine is not only concerned with curing of diseases but also withthe protection and promotion of human physical, spiritual, social, mental andmaterial well-being.
Medicinal plants and knowledge of their use provide a vital contribution to humanand livestock health care needs throughout the country. There are a number of
traditional medicinal practices that reflect the diversity of Ethiopian cultures.
The study was carried out in Afar, Keryu, Shinile (Issa somila), Borana (Moyale),
Dollo Ado, Bekoji, and Wollo. Primary data were collected from purposively
selected elders' pastoralists' livelihoods which depend predominantly on
livestock and their products in Ethiopia. The data was collected using semi
structured interviews, focus group discussions & field observation with traditional
healers, users, policy makers and foreign scholars.
The study areas, known for their ethno veterinary knowledge showed that 85.9%of the individual healers are involved in the treatment of animals, while 14.1 %treat both animals as well as humans. Among the healers, 53.8 % of the
respondents treat internal diseases, mainly internal bone fracture and externaldiseases were claimed to be 11.5 %.
Most of the treatments in the study areas are plant based. Different parts of the
medicinal plants such as the leaves, roots, seeds, small branches and internalbark are processed into fresh or dried forms. The same result obtained in the fullscale study, 78.2% are depending on plant extract. From the plant parts they used
33.3% roots and 50% use root & herbs for medicinal preparation. 75.6% of the
6 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestockhealers prepared two or more plant with water for single treatment for the animal
diseaseThe majority of the local healers used to collect medicinal plants alone with great
secrecy and no one was allowed to see except some family members, during thisactivity. The study confirmed that 79.5% had knowledge acquisition from theirfather or uncle. There is 3.8% of the respondent who confirmed that theirknowledge was acquired from well-known traditional healers from another town.
87.2% reported that they acquired the whole knowledge from their mentors and inline with this, 84.6% of the respondent didn't improve the acquired knowledge.
The survey result revealed that 92.3% of the respondent confirmed that theirknowledge was well known by individuals in their community but not the wholecommunity.
The result showed that the current knowledge transfer system followed theinheritance based transfer system where most healers pass their knowledge toelder/eldest/son/daughter. The selection of the elect was based upon his/hergood conduct and ability to keep the secret with regards to the medicinal plantuse knowledge. The knowledge transfer system is bounded by traditional laws
and can only happen through a cultural ceremony. 89.7% of the healersconfirmed that during transfer of the knowledge, they also received obligation.
The role of intellectual property (IP) systems in relation to traditional knowledge(TK), and how to preserve, protect and equitably make use of TK, has recently
received increasing attention in a range of international policy discussions. Thisaddresses matters as diverse as food and agriculture, the environment, notably
the conservation of biological diversity, health, including traditional medicines,
human rights and Indigenous issues and aspects of trade and economic
development.
When we look into international agreements and conventions, there exist gaps tocover traditional knowledge. The Convention on Biological Diversity (CBD) is the
only major international convention that assigns ownership of biodiversity toindigenous communities and asserts their right to protect this knowledge.
The African Model Legislation provides several provisions that put due emphasison the role of customary law and practices in the protection of traditional
knowledge. The State recognizes and protects community rights 'as they are
Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 7

enshrined and protected under the norms, practices and customary law found in,
and recognized by, the concerned local and indigenous communities, whether
such law is written or not'.
African Regional Intellectual Property Organization (ARIPO)'s Diplomatic
Conference for the adoption of the Protocol on Traditional Knowledge andExpressions of Folklore held in Swakopmund noted that no international
normative framework has been concluded for the protection of traditional
knowledge. ARIPO and its member states have played an active role in finding aharmonized approach to protect traditional knowledge and expressions offolklore at the international level. The instrument sufficiently articulate theparameters and the scope of the referred to subject matters in that a balance ofappropriation has been put and set in between the bonafide right holders andwould be users. This is an important and valuable element to observe before
taking any decision. Ethiopia is an observer at ARIPO. The Protocol willfurthermore provide a framework for national legislative developments on theprotection of the resources.
The reorganization of community knowledge basis, the protection andexploitation of all knowledge categories, and their expressions is an issue ofnational and global importance. The protection and exploitation of community
knowledge in a country with rich biodiversity and cultural expressions such as
Ethiopia is not only of great importance to the knowledge owner-communities
and the country, but also a global concern where knowledge transfers for thegood human race.
The findings of the study revealed the following points:> Customary systems have their own rule-based systems governing access toand use of knowledge.
> Special traditional knowledge is held by a certain group within a community.
> Documentation of medicinal uses of plants is becoming urgent.
> Traditional healers protect their knowledge by attached beliefs.
> Ethiopian Orthodox church has great resources in Traditional Medicine
pharmacopeias based on the photocopy of the old book written in 1896 that
we got.
> The study area results revealed that customary law is still beyond thegovernment legal law.
8 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock

> The spiritual aspect of traditional medicine cannot be separated from thephysiological uses of plants.
> The pilot survey revealed same plants being used for the same purpose
across the same boarder of Afar and Keryu. Similarly, the full scale results
revealed that the same names of diseases and treatment are used in Afar andIsaa Somali.
> Traditional knowledge is held by specific community members and not by thewhole community> There is knowledge specialization between healers. Most healers are known
to be best at some specific areas of medication.
> Plants used in preparation of the medicines are not well known. This hindered
the protection of biodiversity in regard to these plants.
> One`s whole knowledge is disclosed to his/her family members but the rest of
the community would know the most common knowledge.
> No one can practice the knowledge without the owner of the knowledge evenamong the family members. No one, even within the owner's family, canpractice the knowledge without the owner`s permission.
> Knowledge is transferred orally. This led to knowledge being lost in theprocess from generation to generation.
> Traditional medicine was prepared by harvesting the roots.
> Restoration of the medicinal plants to their natural habitat is important as thecuring ability is strengthened when the plant is collected from their natural
habitats.
> Traditional healers' knowledge in livestock can be protected throughappropriate sui generis intellectual property rights with highly consideration ofcustomary law.
Recommendation> Systematic cultivation of medicinal plants should be introduced in order toconserve biodiversity and protect threatened species.
> An urgent need to formulate an array of incentive measures to ensure thatmembers of the younger generations would desire to learn, value, adapt andapply the traditional knowledge.
> The government should create an environment where the traditional healers
can communicate with researchers and reveal secret medicinal cures andtheir beliefs of treatment.

Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 9

> Traditional medical policy, regulations and working guidelines must be
approved.
> The government must be resolving the differences and disagreements
between the traditional herbalists and modern medical practitioners.
> Transfer of knowledge should be appreciated by the knowledge owners andtheir advantage in doing so should be made clear.
> Knowledge owners must be motivated and give incentive to work incollaboration with modern medicine experts.
> IP protection should be familiarized by the knowledge to know its benefit> Government policy must be directed to benefit the knowledge owners while
using the result at the national as well as international level.
This study concludes that the traditional healer's knowledge protected throughappropriate sui generis intellectual property right protection scheme with highly
consideration of customary law and international agreements has to be in place.

10 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock1. Introduction
Knowledge based on the natural environment includes any knowledge existingin association with the biological environment (fauna, flora, micro and macroorganisms); the physical environment (existing in any form and within any
space); and the natural laws associated with the biological and physicalenvironment. Any knowledge within communities existing in association with thehuman environment pertains to identities of specific communities resulting froma long history of co-existence of people and all the interactions at individual,family, clan, village, etc. levels. All those interactions that include human tohuman and humans with the natural environment, gradually developing andevolving to include a certain social environment of the same identity which werefer to as 'community' and those expressions and creativities whether forpractical or artistic reasons as 'knowledge'.
Traditional knowledge is a part of the cultural identities of indigenous and local
communities. Concepts of knowledge systems of communities could be said asexisting in association with two pillars, the natural environment and humanenvironment - the root basis of any knowledge; hence, community knowledge.
More specific categories of traditional knowledge could include: agricultural,
ecological, medicinal, biodiversity-related knowledge, etc. whose base is thenatural environment; artistic literary, administrative, legal knowledge's belonging
to the human environment, existing & either independent of each other or in mostcases interdependently. These knowledge categories could be expressed as
creative, innovative, technical or technological, etc. or a combination of these.
The role of intellectual property (IP) systems in relation to traditional knowledge
Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 11

(TK), and how to preserve, protect and equitably make use of TK, has recently
received increasing attention in a range of international policy discussions. Thisaddresses matters as diverse as food and agriculture, the environment, notably
the conservation of biological diversity, health, including traditional medicines,
human rights and Indigenous issues and aspects of trade and economic
development.
When we look into international agreements and conventions, there exist gaps tocover traditional knowledge. Trade-Related Aspects of Intellectual Property
Rights (TRIPs) makes no reference to the protection of traditional knowledge;
does not acknowledge or distinguish between indigenous, community-basedknowledge and that of industry. Recently, discussions on traditional knowledge
have come up mostly at the TRIPs Council. However, plant varieties have to beeligible for protection either through patent protection or a system createdspecifically for the purpose (“sui generis”), or a combination of the two (WTO,
2002). The Convention on Biological Diversity (CBD) is the only majorinternational convention that assigns ownership of biodiversity to indigenous
communities and asserts their right to protect this knowledge.
The protection of TK has also been raised in relation to the definition andimplementation of the concept of Farmers` Rights introduced during the revisionof the International Undertaking on Plant Genetic Resources for Food andAgriculture, which began in 1994. Article 9.2(a) of the final text, which was
adopted as a new treaty at the FAO conference in Rome in November 2001,
requires measures for the protection of “Traditional Knowledge” but, in view ofthe scope and purpose of the Treaty, it only refers to knowledge “relevant to plant
genetic resources for food and agriculture”. Article 9.2 is, thus, narrower in scopethan Article 8(j) of the CBD, and would not apply, for instance, to knowledge
relating to medicinal or industrial uses of plant genetic resources. Under thisapproach, the issue of protection of TK may be circumscribed to knowledge
incorporated in farmers` varieties and certain associated knowledge.
The African Model Legislation (2001) provides several provisions that put dueemphasis on the role of customary law and practices in the protection of
traditional knowledge. The State recognizes and protects community rights 'as
they are enshrined and protected under the norms, practices and customarylaws found in, and recognized by, the concerned local and indigenous
12 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestockcommunities, whether such law is written or not' (Art.18). An item of TK shall beidentified, interpreted and ascertained by the local communities concerned
under their customary practice and law, whether such law is written or not(Art.24.2). Local communities shall exercise their inalienable right to access, use,exchange or share their biological resources as regulated by their customary
practices and laws (Art.22.1).
African Regional Intellectual Property Organization (ARIPO)'s Diplomatic
Conference for the adoption of the Protocol on Traditional Knowledge andExpressions of Folklore held in Swakopmund noted that no international
normative framework has been concluded for the protection of traditional
knowledge. ARIPO and its member states have played an active role in finding aharmonized approach to protect traditional knowledge and expressions offolklore at the international level. The instrument sufficiently articulates theparameters and the scope of the referred to subject matters in that a balance ofappropriation has been put and set in between the bonafide right holders andwould be users. This is an important and valuable element to observe before
taking any decision. Ethiopia is an observer at ARIPO. The Protocol willfurthermore provide a framework for national legislative developments on theprotection of the resources.
The reorganization of community knowledge basis, the protection andexploitation of all knowledge categories, and their expressions is an issue ofnational and global importance. The protection and exploitation of community
knowledge in a country with rich biodiversity and cultural expressions such as
Ethiopia is not only of great importance to the knowledge owner-communities
and the country, but also a global concern where knowledge transfer for the good
human race has been a contemporary agenda.
Knowledge categories discussed above, which Ethiopia is believed to host, exist
in most instances interdependently. This fact may implicate a common scenario
and would exist for drafting a basic law for all traditional knowledge systems.
However, a holistic study on all knowledge systems is improbable. It may be
impossible to get the maximum result out of a survey on all knowledge categories
in one package. Even if there may be a possible option for the study of all theknowledge categories in one package, the study would be too broad to discover
specific realities.
Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 13

Ethiopia has glorious tradition of health care system based on plants, whichdates back to several millennia. In the early 16th century, a European traveler
called Francisco reported the use of herbs as purgatives in Ethiopia.
Another British traveler, James Bruce, who stayed in Ethiopia from 1769 to 1771,
also reported the wide use of a plant locally known as 'wagnos' that was later
named Brucea antidysenterica as a remedy against dysentery. Medical text
books written in Geez and even in Arabic in Ethiopia between the mid of the 17thand beginning of the 18th century prove that plants have been used as a sourceof traditional medicine in Ethiopia from time immemorial to combat different
ailments and human sufferings.
The long history of the use of medicinal plants is reflected in various medicoreligious manuscripts produced on parchments and believed to have originatedcenturies ago. For example, the ancient and very antique manuscripts remnant of
Axumite kingdom (7th to 11th century), manuscripts collected from the ruins ofZagwe kingdom (11th - 13th century) and documents of Gonder kingdom
collected from church covenants and individuals at the time of Minilik the 2nd
written in Geez indicate that the use of traditional medicine in Ethiopia issignificant and deep-rooted [2]. The use of plants as a source of medicine is very
diverse in Ethiopia due to the extremely diverse socio-economic and cultural
diversity of the country, which in turn is due to the existence of more than 80 ethnic
groups with distinct languages and dialects. Majority of the Ethiopian population(over 85 percent in rural areas and a very significant number in urban areas) and90 percent of livestock have been dependent on traditional medicine (WHO,1998).
This study is on selected categories of knowledge and associated knowledge
systems with the reference to herbal medicine for livestock. A study on selected
types of knowledge, besides being manageable, would be useful in identifying
possible common issues in future studies of other knowledge systems.
The report contained in this document is compiled for possible intellectual
property protection options of a traditional knowledge system in Ethiopia withemphasis on traditional medicinal knowledge especially knowledge related toherbal medicines for livestock.

14 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for LivestockThis study concludes that the traditional healer's knowledge protected throughappropriate sui generis intellectual property right protection scheme with highconsideration of customary law has to be in place.

Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 15

2. Background
Ethiopia has a large natural and cultural diversity with a big range of climaticconditions which results from its topography and latitudinal position. The great
plains of Ethiopia occur atop two massive highland plateaus, cloven into unequal
halves by the Great Rift Valley. From the sweltering arid and semi-arid lands of the
Ogaden in the Somali Region in the east, the lowlands bordering the Sudan in thewest and Dalol in the Afar Region in the north, where Africa crashes into Arabia,
the land sweeps up, rising through semi-arid lowlands and pockets of tropicaljungle, montane forests, and reaching afro-alpine pastures on the slopes of the
Simen, Bale, Ghugi and other mountain ranges. Many of these mountain ranges
reach over 4000masl, and are home to numerous endemic species of flora andfauna. There is a great variation in altitude ranging from 116 m below sea level in
Dalol to 4620 m above sea level in Semien. The differences in altitude and latitude
have resulted in a wide variation in climates, that is, rainfall, humidity, temperatureand exposure to wind.
Ethiopia's land area is 1.12 million square kilometers with a wide variety in
topography, geography, climate and culture. There are eight terrestrial
ecosystems within Ethiopia. These range from afroalpine and sub-afroalpine
grasslands, through to moist evergreen and montane forest to desert and semidesert scrubland ecosystems. In addition, there are wetlands and aquatic
ecosystems. Because of the diversity of ecosystems within the country and its
long history, Ethiopia is endowed with a wide diversity of fauna and flora. The
country is also a center of origin and diversity for a number of crops and animal
genetic resources, reflecting its long history of agriculture [2].
There are between 6500 and 7000 higher plant species of which about 12 per
16 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestockcent are endemic [2]. With regard to animals, there are known to be 284 wild
mammals, 861 birds, 201 reptiles, 63 amphibians, 188 fish and 1225 arthropod
species with about 10, 2, 5, 54, 0.6 and 21 per cent of endemism respectively.
There is an immense variation in the farmers' varieties of different crops andbreeds of livestock. More than 100 crop plant species are cultivated with asizeable proportion of them having their center of origin or diversity in Ethiopia.
There are also 30 cattle, 14 sheep, 14 goats, 4 camels, 4 donkeys, 2 horses, 2mules, 5 chicken and 5 honey bee breeds/ecotypes/populations recorded which
are indigenous to the country. This biodiversity is of crucial importance in thesocio-economic, cultural and life of the people.
Ethiopia is one of the major Vavilov centers of origin/diversity for many crops andtheir wild and weedy relatives. It is an important primary and secondary gene poolfor many field crop species that are useful sources of germplasm for economic
traits in general and sources of genes resistant to diseases and pests in particular.
Ethiopia is a primary gene center for eleven field crops including noug (Guizotia
abyssinica), teff (Eragrostis tef), the Ethiopian mustard (Brassica carinata) andenset (Ensete ventricosa). Field crops such as barley, sorghum, durum wheat,finger millet, faba bean, linseed, sesame, safflower, chickpea, lentil, cowpea,
fenugreek and grass pea have a large genetic diversity in Ethiopia.
There has been an immense contribution of Ethiopian crop plant genetic
resources (PGRs) to the world and useful genetic variations of global significancehave emanated from these genetic resources. Among numerous examples are
the Barley Yellow Dwarf Virus (BYDV) resistance gene found in Ethiopia's barley,
on which California's US $160 million per annum worth of barley production
depends on[2]. Sorghum is one of the most diverse crops distributed over a wide
range of agro-ecological regions in the country (400 to 3000 masl) having
intermediates as well as wild and weedy forms. The high lysine gene has, also, an
Ethiopian origin traced to the local varieties called 'Wotet Begunche' (milk in themouth) worth $12 million annually in Canada. Teff collected from the Dessie areaand hence called 'Dessie Teff' has been given Plant Breeders' Rights protection by
the US Plant Variety Protection Act until 2016 in the USA.
At least 80 per cent of the Ethiopian people depend on traditional medicine for
their health care (Dawit and Ahadu, 1993), and more than 95 per cent of traditional
medicinal preparations in Ethiopia are made from plant origin (Dawit, 1986).
Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 17

There are about 887 plant species recorded as having medicinal uses for people.
The majority of the medicinal plants are herbs, followed by shrubs and trees (seeTable 1). Twenty four (2.7 per cent) of the medicinal plant species are endemic to
Ethiopia, and most are found in the wild (Table 2).
Table 1: Distribution of the medicinal plants by their growth forms
Growth habit

No. of species

Percent

Herbs

271

30.5

Shrubs

168

19.0

Trees

110

12.4

Climbers

74

8.3

Reed

2

0.2

Unidentified

262

29.6

Source: Ethiopia's 4th Country Report to the CBDTable 2: Distribution of medicinal plants by their state of existenceState of existence

No. of species

Percent

Wild

357

40.2

Cultivated

89

10

Weed

52

5.9

Undetermined

389

43.9

Source: Ethiopia's 4th Country Report to the CBD

The proclamation issued related to intellectual property in Ethiopia:
This proclamation may be cited as Copyright and Neighboring Rights
Protection Proclamation No.410/2004.The provisions of this Proclamation
concerning the protection of works shall apply to:> Works of authors who are nationals of, or have their principal residence in
Ethiopia;> Works first published in Ethiopia and, works first published abroad and also
published in Ethiopia within 30 days, irrespective of the nationality or
residence of their authors;
18 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock

> Audiovisual works, the producer of which has his headquarters or principal
residence in Ethiopia; and> Works of architecture erected in Ethiopia and other artistic works
incorporated in a building or other structure located in Ethiopia.
> This Proclamation may be cited as Trade Mark Registration and Protection
Proclamation No.501/2006.
> Subject to the principles of reciprocity or in accordance with any treaty that
Ethiopia is a party to, foreigners shall have the same rights and obligations as
Ethiopians under this Proclamation.
> it is necessary to protect the reputation and goodwill of business persons
engaged in manufacturing and distribution of goods as well as rendering
services by protecting trademarks to avoid confusion between similar goods
and services;
This Proclamation may be cited as the Inventions, Minor Inventions andIndustrial Designs, proclamation, No. 123/1995.
> It is necessary to create favorable conditions in order to encourage local
inventive and related activities thereby building up national technologicalcapability.
> It has been found essential to encourage the transfer and adoption of foreigntechnology by creating a conducive environment to assist in the national
development efforts of the country.
> The task of fulfilling the nation's multidimensional demand for a harmonious,
scientific and technological progress, to be used for the public benefits, shallbe most effectively served when there exists an appropriate legal framework.
The proclamation to provide for plant breeders' right. This refers toproclamation no.481/2006. Till now the regulation is not issued. The
regulation is explained, in detail, the way of registration and process step.
This issue is directly under the Ministry of Agriculture and Rural
Development
The proclamation of Access to genetic resources and community
knowledge, and community rights proclamation. This refers to proclamation
no.482/2006. Both proclamations were issued on the same date. This
proclamation articulated the issue of Access to genetic resources but did
not address the issue of protection of community knowledge. This creates a
Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 19

big gap in the proclamation. This proclamation was issued by the Institute of
Biodiversity.
With the exception of the above two, all the others are administered under theoffice of the Ethiopian Intellectual Property office.

20 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock3. Research Justification
Healing with Ethiopian traditional medicine is not only concerned with curing of
diseases but also with the protection and promotion of human physical, spiritual,social, mental and material well-being.
Medicinal plants and knowledge of their use provide a vital contribution to humanand livestock health care needs throughout the country. The plants are generally
readily available, have minimal side-effects and are free and/or affordable [1].
They are an important component of the agricultural and environmental sectors
and have the potential to make major contributions to both macro and economic
growth and rural poverty reduction in the country. There are a number of
traditional medicinal practices that reflect the diversity of Ethiopian cultures [1].
Their study indicated a declining trend in the number of traditional resources of
medicinal plants. They call for an urgent action to document and preserve thetraditional medical knowledge before it disappears from the country [1].
Moreover; according to Dr. Fekadu, Ethiopians have used traditional medicines atleast as early as the 17th century; however, very little is documented. The oraltransmission of knowledge from generation to generation gives rise to thepossibility of incompleteness, omission, misrepresentation or distortion of theoriginal medicinal plant cure as time goes by [7]. The other problem withattempting to preserve traditional knowledge through the oral tradition is that itleaves no written record for posterity. Thus, the oral tradition does not only risk
misinterpretation, it also risks losing crucial information.
The health and drug policies of the Ethiopian Ministry of Health recognized theimportant role traditional health systems play in health care. However, currently
Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 21

there is no systematic way of keeping records of traditional practitioner with theFederal Ministry of Health though herbal medicines are sold on the streets withmedical claims [3]. In spite of the promulgation of the necessary policies, little
has been done in recent decades to enhance and develop the beneficial aspectsof traditional medicine including related research and its gradual integration intomodern medicine. There are many gaps between policy and actual practices.
There are clear deficits in the organized approach towards ensuring an optimal
contribution of traditional medicine to the national health system. For example,
there were no regulations to the safety and efficacy, licensing, as well as theregistration and guidelines for clinical trials involving traditional medicines.
The knowledge and uses of specific plants for medicinal purposes (often referred
to as traditional medicine) is an important component of TK. But Western IP regimes have focused on protecting and promoting the economic exploitation of
inventions with the rationale that doing so promotes innovation and research. For
any invention to be patentable it has to satisfy three criteria, i.e., novelty,
inventiveness and industrial applicability (utility). Traditional Medicine does notsatisfy any of these criteria thus making it unique and a special case of study isrequired.
Moreover, Habtewold [5] outlined in their paper taking into account theimportance of traditional knowledge and the role of intellectual property in theworld trade, they strongly argued that there is an urgent need to design IP
protection for a traditional knowledge system in Ethiopia both at national andinternational level. They stated clearly that the existing IPR system cannot
accommodate all traditional knowledge systems. Even though many studies
have been conducted, their research output does not provide any possible
option for the protection of traditional knowledge.
This study is therefore designed to fill that vacuum in the overall framework thatcan provide comprehensive protection to traditional medical knowledge
identified by the previous studies. Such types of systems shall extend to control
access to the genetic resources and the local knowledge related to theseresources. The primary objective of a system for the protection of traditional
medicine shall be giving recognition to the rights of the knowledge holders whileat the same time recognizing the potential for exploiting these resources.

22 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock4. Objectives
The general objective of the study is to analyse the possible Intellectual Property
protection options for the Ethiopian Traditional Knowledge in herbal medicine forlivestock.
Specific objectives> To locate and identify existing traditional knowledge that may be subject toprotection under IP rights regimes (identify traditional knowledge claim)> To identify those who hold the knowledge and stakeholders with directinterest> To identify relevant intellectual property options for the knowledge claim

Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 23

5. Literature Review
The literature reviewed in this section has been widely cited in traditional
medicine resources, as well as, by our key informants.
The Ethiopian government, with the assistance of the World Bank, implemented
the first conservation and sustainable medicinal plants project in sub-Sahara
Africa. The overall objective of the project was to initiate support for conservation
management and sustainable use of medicinal plants for human and livestockcases. The following results were obtained through implementation of the
project.
1. Research or preparation and cultivation methods of very few selectedindigenous medicinal plants for human and livestock diseases.
2. Establishment of a database for medicinal plants.
3. Extraction, standardization, safety, efficiency and dosage formulation of two
species.
4. In site conservation and sustainable use of medicinal plants, in Bale
mountains.
5. Establishment of medicinal plant field gene bank at wondo genet.
The other objective was not achieved. The objective was to serve as a basis forthe development of policy and guidelines for the protection of traditional
medicinal knowledge in Ethiopia. The report stated that '…… that has been madeat the national level is to conduct a survey of selected traditional medicinalpractitioners in two areas of Ethiopia, namely in the capital Addis Ababa and Balein the Oromia Region. A questionnaire was prepared to this effect with theobjective of eliciting the views of the traditional medicinal practitioners on their
24 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestockexpectations regarding the protection of their knowledge. The outcome of thesurvey does not help much in revealing the expectations and needs of the
traditional medicinal practitioners regarding the protection of their knowledge.' In
this study, covering seven areas in Ethiopia comes out to protect traditional
healers through appropriate sui generis intellectual property right withconsideration of customary law.
According to Dr. Fekadu, one reason for the lack of documentation might be thattraditional practitioners are reluctant to divulge their trade secrets. Most folkloric
Ethiopian medicinal plants and their method of preparation are often closely
guarded secrets, usually passed from the father to the eldest son, as the death of
the former approaches. This study also confirmed that; although Ethiopia has
had its own written language for more than 2,000 years, this hereditary profession
is based on knowledge of medicine acquired from centuries of experience
passed down privately from generation to generation through the oral tradition.
The problem with this kind of knowledge transmission is the contamination of
information. As a result of this tradition, the oral transmission of knowledge fromgeneration to generation gives rise to the possibility of incompleteness, omission,
misrepresentation or distortion of the original medicinal plant cure as time goesby [3]. This study got the same result in Shinile zone. The other problem withattempting to preserve traditional knowledge through the oral tradition is that itleaves no written record for posterity. Thus, the oral tradition does not only risk
misinterpretation, it also risks losing crucial information. By documenting,
Ethiopian traditional medicine not only makes an invaluable contribution to the
Ethiopian heritage and our understanding of traditional Ethiopian medicine but
also facilitates the preservation of the knowledge and its transfer to the next
generation.
The research on Ethiopian medicinal plants has mostly been more of producing
inventories and checklists; and hence application of full-blown ethno-botanicalresearch methodology is just taking shape with more bias to the qualitative
approach. While the studies so far show that the role of medicinal plants indifferent parts of Ethiopia is significant and that the traditional healthcare is deeprooted with oral and written pharmacopoeias, there has been a total lack ofquantified information on the amount of plant matter collected and marketed or
the income generated from it both at the local and country levels. To date, the bulkof the plant matter used for medicinal purposes is collected from natural
Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 25

vegetation stocks while the amount extracted from the natural vegetation as wellas the annual economic value derived has never been assessed. On the other
hand, the natural vegetation is shrinking, the environment is degrading andindividual medicinal plants are being selectively removed for various purposes tosuch an extent that the amount available has started dwindling.
The knowledge and uses of specific plants for medicinal purposes are importantcomponents of TK. But Western IP regimes have focused on protecting andpromoting the economic exploitation of inventions with the rationale that doing so
promotes innovation and research. Currently, some 95% of patents in the world
are held in developed countries [12]. At present, international patent law andmost national conventional patent law protection requirements of novelty and theinventive steps do not seem to be applicable to traditional knowledge andbiodiversity.
There is no act under patent law which could be used to protect the nonmedication services of traditional therapies, such as manual therapies andspiritual therapies. Because of the lack of a database and the same medicinal
plants growing and being used in various countries and continents, it is very
difficult to identify the founder.
Pharmaceutical products can be protected by the existing conventional patentlaw. However, herbal medicines and herbal products are quite different fromchemical drugs. They are very difficult to be protected by the existing patent law.
There are only three key protectable subject matters in order to get patent forpharmaceutical products in the conventional patent law: Patent for discovering
new chemical components, Patent for know-how in producing the products &Patent for the trademark
In addition to patent law, knowledge on herbal medicines could also be protectedby keeping it a secret. Firstly, the above–mentioned means are without little or nocompensation to the custodians of this traditional knowledge and without theirprior informed consent. Secondly, herbal medicines have been defined byseveral WHO guidelines that they include crude plant materials, such as leaves,
flowers, fruits, seeds, stems, wood, bark, roots, rhizomes or other plant parts,
which may be entire, fragmented or powdered. The products, which chemicallydefined active substances have been added, including synthetic compounds
26 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestockand/or isolated constituents from herbal materials, are not considered to beherbal medicines. Therefore, it is impossible to get existing patent law protection
for herbal medicines through the discovery of new chemical components.
Thirdly, the major dosage forms of traditional herbal medicines are directly
derived from their herbal preparations, which include powdered herbal materials,
or extracts, tinctures and fatty oils of herbal materials. They also include
preparations made by steeping or heating herbal materials in alcoholic
beverages and/or honey, or in other materials. The production process and major
dosage forms of traditional herbal medicines is normally very simple. There isalmost no know-how available to protect this by patent.
Fourthly, except for pharmaceutical companies and industries, other holders of
traditional knowledge find it impossible to get protection for their product throughtrademark. Fifthly, it is impossible to keep knowledge a secret, because
registrations of herbal medicines have to be made if the products are to be sold in
the market. Therefore, all of the components in the products have to give accountto their national drug authorities. Some countries, however, have been aware of
the important role of intellectual property rights for traditional medicine. India,
Kenya and Madagascar, for example, have updated their legal system andnational patent law in order to protect the knowledge of traditional medicine [12].
The intellectual property rights are one of the important means in protecting thebenefits of traditional knowledge. It needs to be further developed and expanded.
Patent law, however, is not the only means in protecting the benefits of traditional
knowledge. Each government should develop its own means to protect thebenefits of the knowledge of traditional medicine.
Knowledge about traditional medicinal plants and their application in Ethiopia
resides in the non-professional public and the professional or healer domains. A
study focused at the former domain revealed that a lot of medicinal plants are wellknown by ordinary rural people since they used them for various health problems(Hareya Fassil, 2005). This study revealed that 92.3% of the respondentconfirmed that their knowledge was well-known by individuals in their community
but not the whole community. Such common medicinal plant knowledge is at alower risk of erosion because many members of the community will have thisknowledge at a given time as long as the plants exist and their use continues.
Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 27

Serious concerns are being raised in recent years because of the passing awayof elderly healers without transferring their knowledge. The young generation
tends to ignore this knowledge as a result of influence by modern education,
which either despises the indigenous knowledge or never considers it assomething with good future (Kebu Balemie et al., 2004; Debela Hunde et al.,2005). This study also recommended that there is an urgent need to formulate anarray of incentive measures to ensure that members of the younger generation
would desire to learn value, adapt and apply the traditional knowledge.
Sustainable supply of medicinal herbs can be achieved when a good balance
exists in benefit sharing and all actors become concerned about the plants.
Medicinal plants having market demands have to be produced in adequate
quantity to respond to the demands. This could be made possible byestablishing small-scale special medicinal plant gardens, large-scale medicinal
plant farms and arboreta as well as by enhancing and intensifying home gardens
so that households can produce more medicinal plants and be able to generate
income.
There has to be an appropriate property right scheme to protect the plants andthe indigenous knowledge from piracy. Schemes that would enable sustainable
use of medicinal plants and the associated indigenous knowledge should be
developed. The country also has to exercise its sovereign right over its resources.
Use of this resource by external parties must help the country in capacity
building.
The traditional medicine practitioners protect their trade by a system of trade
secrets that included magical practices, attached beliefs and various tricks
including mixing of safe non-medicinal herbs with the medicinal ones. This secret
never became accessible to others except to the member of the family. When wewant to import this to the modern system an appropriate sui-generis intellectual
property right protection, a scheme has to be in place. It also needs a national
legislation regulating medicinal plant collecting and marketing to provide a moreformal mechanism for controlling illegal harvests.
Similarly, rules could be developed at local levels to regulate the amount, the time
and type of medicinal plant harvest. We believe that more formal marketingsystem will enhance proper management of the plants for sustainable use
28 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestockincluding the general biodiversity and the environment if appropriate tenure andproperty ownership system is put in place. Different authorities including
Berthaud (1997) strongly support the idea of conservation with use while others
maintain that ownership rights as well as fair and equitable sharing of benefits will
give positive returns in conservation. However, the best practice in benefit sharing
outside patenting must be legislated and implemented.

Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 29

6. Materials & Methods
Description of the Study Areas
The Afar people live primarily in Ethiopia and the areas of Eritrea, Djibouti, andSomalia in the Horn of Africa. The Afar region extends from central to northeastern
Ethiopia, following the East African Rift Valley. The study districts - namely
Amibara, Awash-Fentale and Dulecha are found in the southern part of the Afarregion. Amibara and Awash-Fentale are located in the middle of Awash valley,
within the Rift Valley, whereas Dulecha is found across the lowland-highlandinterface, towards the western border of the Rift Valley. All study areas arecharacterized by a semi-arid climate, with average annual temperatures ranging
from 21 to 38 °C, the lowest temperatures being between December andFebruary and the highest between April and June.

Figure 1: Study Area

30 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for LivestockThe Kereyu in Fentale woreda is located at East Shewa zone, Oromiya Region.
The Kereyu, who have been the indigenous inhabitants of the Metehara Plain andMount Fentale area are Oromo-speaking transhumant pastoralists. Their main
faiths are Islam and other traditional beliefs. Their major economic activities are
animal husbandry likes cattle, goats, sheep and camels and agriculture to somelevel of extent. Their livelihood is more of the nomadic type. The climatic conditionof the region is arid, mostly with hot temperature.
Borana pastoralists' livelihoods depend predominantly on livestock and theirproducts. Borana breed, one of the multipurpose cattle breeds in Africa, wasevolved, and is still widely reared by Borana pastoralists of southern Ethiopia.
Borana pastoral area of Oromia Regional State located between 030 37' 23.8" to050 02' 52.4" North and 370 56' 49.4" to 390 01' 101" East, in the Southern part ofEthiopia. The altitude ranges from 970 masl in the south bordering Kenya to 1693
masl in the Northeast. The Borana pastoral system represents a vast lowlandarea, covering about 95,000 km2 (Coppok, 1994). It borders the republic of
Kenya to the south, Somali Regional State to the east, Southern Nation andNationalities Regional State to the west and Gujji Zone to the North.
The Somali regional state of Ethiopia is located between 4-11ºN and 40-48ºE,
within the eastern and southeastern lowlands of Ethiopia. It borders the Republicof Djibouti to the north, the Somali republic to the east, the Oromiya region fromthe south to the northwest, and the Afar region to the north and northeast of thecountry. The total land area is about 327 000 km2, equivalent to 30% of thenational land area. The study area in Shinile zone of the Somali region of eastern
Ethiopia is a pastoral area, located in the northeast of the region, with a total areaof about 85 000 km2. The sites are located at distances of 25 km from Dire Dawa
town, which is about 520 km east of Addis Ababa, the capital city of Ethiopia.
Methods
A questionnaire was designed to obtain information on the knowledge
possessed by the healers, types of illnesses treated by the healers, sources of theknowledge, sources of the natural materials used for the preparation of the herbal
medicine, Access & benefit sharing issues, and relevant points for the protectionand exploitation of traditional medicine. The data collection was done in twophases:Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 31

I. Conducted pilot studies
The Pilot study was designed to provide descriptive information. Hence, theresearchers were able to describe the traditional medicine knowledge situation in
the pilot study area of Ethiopia at Afar, Keriyu, Desse and Kombolicha as indicatedin the study area and as observed and reported by the Healers, the users and key
informants. The study included men and women who were using it in their daily
activities & members of the community. The areas were selected and stratified by
the Agro ecological zones of Ethiopia.
The data collection included three steps. During the first step, Secondary data
was gathered, an informal interview with Traditional Medicine Head in Biodiversity
institute (Ato Belachew) was conducted, and also a correspondence with Dr.
George Owusu Essegbey Director Science and Technology Policy ResearchInstitute Council for Scientific and Industrial Research from Ghana through thehelp of Professor Lynn K. Mytelka. The correspondence with Dr. George that hedid on Ghana; notably (1) the decision to bring allopathic & traditional
practitioners together into a council and thus strengthen their interaction (2)encourage the traditional practitioners to have their medicines tested andregistered, etc. (3) move towards the local production of traditional medicineswith proper dosages, etc.
Following the desk literature search, a survey instrument was designed. Thissurvey instrument was reviewed by; ATPS researcher's coordination Group,
colleagues at the Ethiopian Intellectual Propriety Office and ILRI, to establish its
validity.
The second step involved primary data collected using Participatory Rural
Appraisal techniques especially; Focus Group Discussion (FGD) and Key
Informant Interview; Four FGD one for each study city carried out by amultidisciplinary 'team' consisting of a healer, user, community elder, leader andprofessionals; Few core members, who acted as 'facilitators' to assist local people
to elicit and record their own knowledge using techniques which involved aminimum interference.
Realize that, TK was not evenly or homogeneously distributed among the various
members of a local community. There were differentiations of knowledge amongindividuals based on a number of factors be taken into consideration when
32 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestockpossible sources of relevant TK were being identified. Gender accounts for a largepart of the differences in knowledge among individuals. Out of 30 in the FGD 23
are male and 7 female. This pilot survey considered other factors such as age,education, occupation, environment, socio-economic status, experience,
religion; that may influence knowledge differentiation in a community.
In order to identify representative sites and TK holders, purposive samplingtechniques were used and the country classification of the major TK types: Ethnoveterinary & traditional medicine. From each stratum, TK holders (individual,group and community) were identified using key informants. For Afar and Keryu(Ethno-veterinary), the FGD conducted was based on the community choice withthe combination of a Community Elder, user, Healers and a government
administrator. But for Wollo (traditional human medicine), the FGD conducted
was for users and pharmacists and also a 27 individual structured questionnaire
used for the healers. Checklists were used to guide the FGD.

Figure 2: FGD at Afar and Keryu

During the third step; this was not a planned one. The researcher was informedthat Dr. Motlalepula Gilbert was in Addis Ababa with WIPO officials. Dr. Motlalepula(pictured below) is a Director at the health indigenous knowledge system of South
Africa. The researcher arranged for interview at Intercontinental Hotel at Addis
Ababa and he was willing to give his experience on Traditional Medicine
intellectual protection system in South Africa.

Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 33

Figure 3: Dr. Motlalepula with Researcher at Addis AbabaII.
Conducted Full Scale Survey
The full Scale study was designed to provide descriptive information. Hence, theresearchers were able to describe the traditional medicine knowledge situation in
the study areas of Ethiopia as indicated in Figure 1 and as observed and reportedby the Healers, the users and key informants. The study included men andwomen who were using it in their daily activities & members of the community.
Primary data were collected from purposively selected pastoralists' livelihoods
which depend predominantly on livestock and their products in Ethiopia. The six
sampling sites were distributed widely to cover different cultural settings andgeographical conditions to be able to capture the ethnoveterinary use patterns
by different ethnical groups. The individual interview revealed that 78 healersboth male and female traditional healers are interviewed individually as showedin Table 3.

34 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for LivestockTable 3: Number of Healers interview per site
Study Areas

Sex

Total

FemaleMale

Somali-Shinila

1

12

13

Keryu

0

16

16

Bekoji

1

3

4

Borna

2

14

16

Moyale

1

13

14

Afar

0

15

15

Total

5

73

78

Figure 4: Individual Healers' interview at Keryu and Bekoji

This research interviewed six government officials from Ethiopian Intellectual
property office, National Health and Nutrition Research Institute (NHNRI), Wondo
Genet Agricultural Research Center (WGARC) traditional medicine, Ministry of
Science and Technology and Environmental Protection Authority.
One key informant from the big city was herbalist Abebech Shiferaw who is ownerand manager of Deshet Traditional Herbal Medicine Treatment Centre. The
Centre is conducting conservation of medicinal plants and giving treatments topatients using traditional practices. This research at full scale conducted a seriesof five focus group sessions for the total participant who were 46 (7 Female and39 male), two for Shinile and one each in Keryu, Moyale and Dollo Ado. Eachsession was held in a professional focus group facility, as well as 47 users
interviewed individually. This study used three enumerators and three research
assistants in the field.
Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 35

Table 4: Number of Participant in FGD per site
Study Areas

Sex

Total

FemaleMale

Somali-Shinila

2

18

20

Keryu

0

8

8

Borna

5

5

10

Dollo Ado

0

8

8

Total

7

39

46

The data generated was coded and entered into SPSS version 15.0 software forstatistical analysis. Descriptive statistics like mean, standard deviation,
frequency distribution, percentage, were used to examine and understand thesituations of the purposive sample respondents.

Figure 5: FGD at Moyale and Shinile respectively

36 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock7. Results & Discussion
This part of the report presents the major findings of the study area indicated in
the figure above. The first subsection presents the traditional healers' indigenous
knowledge and practices including the common human and animal diseases andtheir traditional treatment practices. The knowledge ownership and transfer
mechanism is analyzed in the second subsection. The third subsection discusses
the options to protect the intellectual property right of the traditional knowledge
system.
7.1
Traditional knowledge and practices
The traditional healers' interview and the Focus Group Discussion (FGD) in PS
revealed that traditional healers have the ethomedicinal and ethnoveterinary
knowledge to treat human and animal health, respectively. The full scale survey
result showed that knowledge percentage is 85.9% for animals and 14.1% for
Human and Animals. The survey result also confirmed that the purposive
sampling of the study represents the pastoralist areas with a very high diversity of
medicinal plant species and indigenous knowledge. The individual interview
showed that both male and female traditional healers are involved in the
traditional knowledge and practices where the females are represented by only
6.4% dominated by male practitioners (93.6%). A similar study in the central partof Ethiopia (Debre Markos area) reported the gender imbalance in the traditional
treatment and the males appeared to be more knowledgeable than the females.
This is contrary to the findings in Tanzania who reported that all the traditional
medicine practitioners in the surveyed villages were female [8].

Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 37

7.2
Major diseases treated by traditional healers
The full scale study areas, known for its ethno-veterinary knowledge showed that
85.9% of the individual healers are involved in the treatment of animals, while
14.1% treat both animals as well as humans. Among the healers, 53.8% of the
respondents treat internal diseases, mainly internal bone fracture and externaldiseases were claimed to be 11.5%.
The Afar and Kereyu areas are known to be a livestock dependent society which
demands the involvement of tradition healers in the livestock sector's problem ofanimal disease. Accordingly, the healers have a vast amount of ethnoveterinary
knowledge. The analysis of FGD in PS undertaken in study areas showed up to 23
livestock diseases are treated by herbal medicines. And also, this study reported
that 34 types of diseases can be treated. In a similar study, livestock keepers of
Turkana and Samburu communities in Kenya identified about 50 diseases of theirlivestock and grouped these as treatable using local remedies. Treatablediseases included retained placenta, eye disease, bloat and skin conditions suchas wounds, streptothricisis, mange, lice, fleas and leeches. Anthrax and Black leg
were responsible for most livestock death in the study areas. Similarly, a study
conducted in Afar by Oxfam international indicated that the Livestock productivity
is constrained by a wide spread of diseases; bacterial, viral, protozoal diseases
and internal and external parasites commonly exist in all species of livestock.
Anthrax and Black leg occur sporadically in cattle. LSD and Pasteurellosis also
appear following changes in climate. The National trypanosomosis Centre
confirms the occurrence of camel trypanosomes caused by T. evansi in theregion [10]. And also Dvm. Zeriun Y/Hailu (lecturer in Afar ATVET) converted the
local names from the Afar FGD to scientific names and verified the diseaseprevalence in the area. Livestock keepers in the study areas use the public animal
health services and NGOs working in the area during disease outbreaks andvaccination campaigns especially when seasonal change occurs.
7.3
Major disease treatment methods and herbal preparation
Traditional healers in the PS study areas reported to use medicinal plants
materials, minerals, soil, blood, immunization by tissue from affected cases(common for animal disease and called auto vaccination) and animal products
for the treatment of human and animal diseases. Most of the treatments in the
study areas are plant based. Different parts of the medicinal plants such as theleaves, roots, seeds, small branches and internal bark are processed into fresh or
38 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestockdried forms. The same result obtained in this study, 78.2% depend on plant
extract. From the plant parts, they used 33.3% roots and 50% use root & herbs for
medicinal preparation. 75.6% of the healers prepared two or more plants withwater for single treatment for the animal disease as shown in fig. 6. Table 3
presents the major diseases treated by types of traditional treatment, preparation
and administration methods in Afar. A similar study in the southeastern Ethiopia
reported that most of the medicinal plants parts such as leaves (39.2%) and roots(31.65%) were processed in fresh forms (46.58%), and fresh or dried forms(32.19%) while some (21.23%) in solely dried forms [2]. Single or compound
plants are used to prepare the remedial similar to the ethnopharmaceuticalknowledge worldwide. Most plant based preparations involve crushing theprincipal ingredients (pulverization) and mixing with substances like cold water,honey, coffee, butter, oil, salt, sugar, kerosene, ash and milk. The processed
remedies are mostly administered through mouth (oral), nose (nasal), or over theskin (dermal), auricular and optical depending on the type of disease and thetreatment.
90

Percent Way of Process Mediicin...

80
75.64%

70
60
50
40
30
20
10

6.41%

12.82%

1.28%

3.85%

0
Each Plant
Independently

Combining two
or more plants
with water

Combining thePlant withAnimal Extracts

Combination of
Plants andAllowing
Fermentation

Fire

Figure 6: Way of preparation

Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 39

Table 5: Afar major disease traditional treatment, preparation andadministration methods
Disease Local
Name

Scientific Name*

Description

Treatment

Preparation

Method ofadministration

Gublo

CBPP

Transmitted by Air,kills the animal

Auto vaccine
methodTaking meat from one ofthe dead animals

Inserted on thenasal part of thelive animals

FerieraAnthrax

Sudden death; theanimal suddenly diesby just jumping andfalling on the ground,kills animals every day
and the pastoralists
become poor due tohigh devastation

Drenching

The leaves are groundand water is added

Through nasal andmouth

Endigulu

Render pest

Attacks only the calf
but not the cow.
Wound on eyes, fever,wound also on mouth.
Killed the affected calf
onlyAuto vaccine
methodTie the calf with a ropeand collect urine only ina cup. Leaves are
ground and the calf’s
urine is added

Nasal drop let

Abebi

Foot and mouth

Salivating highly,
wound on the animal’s
leg and the nail comeoff

Drenching

The leaves are groundand water is added

Through nasal and
mouth

Noka

Lameness

Just like Malaria
symptom

Expose tosunNothing given

They don’t give
water and grass tothe animal for twodays. The animal istied and exposed to
sunlight

Rori

Demodex

Wound from a Tickand also transmitted toa calf and also ahuman child throughdrinking of milk from
affected cow

Inserted inwound

Butter dressed withleavesInserted in wound

Snake Bite

Swelling on the bitten
part

Drenchingwith praying

Starts the day early inthe morning with fasting
he then takes leaves
mixed with water after
praying. At night hevomits blood andDiarrheas

Mouth

Cattle hit withanother’s horn

Bleeding

Ointment

Powdered leaves on thewound

On the wound

Bit by a hyena

Bleeding but no broken
bone

Ointment

Powdered leaves on thewound

On the wound

Poor mothering

The calf does not getenough milk from thecow

Insertion

Pick the leaves in thename of the cow

Inserted in the
cow’s uterus earlyin the morning

40 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock

Disease Local
Name

Scientific Name*

Description

Andro

Anaplasmosis

Blood parasite

Kerbi

fascioliasis

Dahanibabesiosis

Sole

Baslerhi homblobe
uria

HarmodiBlack leg

Pida

Pastrolosti

Treatment

Preparation

Method ofadministration* This Name is verified by Veterinary Doctor in the area

7.4

Knowledge ownership, access & benefit and transfer
mechanism

Knowledge ownership
According to the World Intellectual Property Organization (WIPO), traditional
knowledge holders are all persons who create, originate, develop and practicetraditional knowledge in a traditional setting and context. Indigenous
communities, people and nations are traditional knowledge holders, but not all
traditional knowledge holders are indigenous” [11]. The knowledge ownershipsystem in both study locations goes in line with this definition where thetraditional healer is the owner of the traditional knowledge. The majority of thelocal healers used to collect medicinal plants alone with great secrecy and noone was allowed to see this activity except some family members. The study
confirmed that 79.5% had knowledge acquisition from their father or uncle. Thereis 3.8% of the respondent who confirmed that their knowledge was acquired fromwell-known traditional healers from another town. 87.2% reported that theyacquired the whole knowledge from their mentors and in line with this 84.6% of
the respondents didn't improve the acquired knowledge. The survey result
revealed that 92.3% of the respondents confirmed that their knowledge was wellknown to individuals in their community but not the whole community (fig.7). This
indicated that such traditional knowledge is held by a limited class or members
within the community who pass such skills and knowledge mainly to their kin.

Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 41

Individuals in the Community (92.31%)
Whole Community (2.56%)
Other Community (2.56%)
Missing Value (2.56%)

Figure 7: Those who hold traditional Medicine Knowledge

Knowledge transfer
As discussed in the knowledge ownership part, the majority of the traditional
healers have acquired their knowledge from their parents or relatives. The study
showed that the current knowledge transfer system followed the inheritancebased transfer system where most healers pass their knowledge to elder/eldest
son/daughter. The selection of the elect was based upon his/her good conduct
and ability to keep the secret with regards to the medicinal plant use knowledge.
100% of the respondent agreed that the knowledge transfer system used is theoral mechanism transfer of this wisdom resulting in the fragmentation or loss ofthe ethnomedical/ethnoveterinary lore and medicinal plants. The oraltransmission of knowledge from generation to generation gives rise to thepossibility of incompleteness, omission, misrepresentation or distortion of theoriginal medicinal plant cure as time goes by [7]. Shinile (Isaa Somali) study area
revealed that two brothers received the same training from their father but havedifferent skill in the society (see the fig below). The other problem with attempting
to preserve traditional knowledge through the oral tradition is that it leaves nowritten record for posterity. Thus, the oral tradition does not only risk
misinterpretation, it also risks losing crucial information.
In the case of the low educational level of the healers coupled with theunwillingness to transfer the wisdom during their relatively young ages; the study
revealed that 67.9% of the respondents are illiterate. The knowledge transfer
42 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for LivestockFigure 8: The Healers' Brother in Shinile

system is bounded by traditional laws and can only happen through a cultural
ceremony. 89.7% of the healers confirmed that during the transfer of theknowledge they also received obligation. In all areas, where there is a strong
cultural relation, other people of the community who might know the medicinal
plants application are not allowed to use the medicine without the healer's
permission since it is believed to bring bad luck to all concerned. Therefore, no
one would practice the knowledge which is not passed to him/her through theproper transfer mechanism in practice, from father to son.
The time to transfer the knowledge to his/her elder son/daughter dependent on
the willingness of the healers where in some cases the healer may pass withouttransferring the knowledge especially during an accidental death. The transfer
time depends on the perception that the healer has about his/her successor. The
successor will not practice the knowledge unless the healer allowed him to do so,though the successor knows how to prepare the treatment. In Afar, the successor
is told when the time is right to practice it otherwise he/she would wait for theAssessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 43

100
90

89.74%

80
70

Percent

60
50
40
30
20

10.26%
10
0
Yes

No

Figure 9: Did you undertake any obligation?

healer's blessing to start the medication practice. However, there are cases where
the knowledge is transferred out of the system; where the healer dies before
passing the knowledge to the elders and in presence of the person who is
exposed and knows the application, people start coming to ask for the medicinesat that house and the knowledgeable persons start to practice the medication.
Though this is not in the majority, there are cases where the healers had theexperience of teaching family members or other community member. If someone
else outside the family members has the interest to learn the knowledge, theinterested person would contact the traditional medicine knowledge holder andrequest to learn the knowledge. This may require two or three trials to convince
the healer in addition to payment made in cash or in kind (cattle). This type oftransfer depends mainly on the interest of the learner and willingness of the healer(traditional knowledge holder).
Access-benefit issues
Ethiopia has had a good experience on Access and Benefit issues for the Teff
genetic resource case between Ethiopia and Netherland. Ethiopia is the center oforigin and diversity for teff (Eragrostis tef (Zucc.) Trotter) that is one of the mostimportant food crops in the country. It accounts for about 22 per cent (more than 2
million ha) of the total cultivated acreage among the major cereals. It is grown as acereal crop only in Ethiopia where it is ground into flour, fermented and then madeinto injera (a type of pancake and staple food for many Ethiopians). It originated in
44 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for LivestockEthiopia between 4000 and 1000 BC. Genetic evidence points to E. pilosa as themost likely wild ancestor (Ingram and Doyle, 2003).
It has adapted to environments ranging from drought stress to waterlogged soil
conditions. Maximum teff production occurs at altitudes of 1800 to 2100 masl,
growing season rainfall of 450 to 550 mm, and a temperature range of 10 to 27 °C.
Teff has an attractive nutrition profile, being high in dietary fiber, iron and calcium(National Research Council, 1996) as well as being high in protein (Seyfu, 1993).
It is gluten free, so it is appropriate for people with celiac disease (cited in
Chanyalew, 2007).
The demand for teff is increasing in some European countries mainly due tohealth reasons associated with gluten allergy. In April 2005, a Dutch company
called Health and Performance Food International (HPFI) entered into anagreement with the Institute of Biodiversity Conservation (IBC) and the Ethiopian
Agricultural Research Organization (EARO) to develop non-traditional teff-based
food and beverage products, which are listed in the agreement. This agreement isa benefit-sharing arrangement but this study is focused on individual healers.
Long established medicinal knowledge practices & knowledge transfer norms
and non-commercial provision of service have brought amongst community
members trust and confidence on knowledge systems within their communities.
Service is given in their locality and also to anyone from outside the community.
The medication is given by the healer himself and according to what has been
cured his payment will be made in that form and also the same payment isreceived as his mentor, if he cured cows, a cow will be his payment, if goats, a goat
will be his price. But prior to treatment, when he is requested to come and treat the
animals, he first needs a piece of clothing called “abujede” and two sheep (maleand female) to be delivered to his house. Only then would he start collecting theplants needed and prepare the medicine and cure the animal.
According to Mugabe, one important feature of the Tigray form of institutionalorganization is that it facilitates easy sharing or exchange of seeds among thefarmers and even outside communities. One channel of seed exchange is thepractice of offering a portion of the best-selected seeds as gifts to the poor inconnection with the St. Mary celebration in the Orthodox Church. Similarly, thisAssessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 45

study revealed that in Afar and Somali, they have traditions to exchange new
disease treatment method through their clan leaders.
7.5
Key Informant Interview in the Big City
The key informant at the city is herbalist Abebech Shiferaw, who is owner andmanager of Deshet Traditional Herbal Medicine Treatment Centre. The Centre isconducting conservation of medicinal plants and giving treatments to patientsusing traditional practices. The Centre is conserving the medicinal plants in a fieldgene bank (a 4 ha garden) and traditional seed store. In the field gene bank, some
600 species of herbs, shrubs, grasses and trees having medicinal value and a
total of 1,400 samples collected from all over the country are conserved. In
addition, edible horticultural crops such as potato and cabbage are also planted
and mixed with the medicinal plants. They are served to patients demanding
nutritional supplements. About 50 seed samples of tree species, some of which
are highly threatened, and 112 samples of teff, sorghum, barley and wheat are
kept in the seed store.

Figure 10: Traditional seed store of Deshet Traditional Herbal Medicine
Centre (Photo: Adugna Abdi)
46 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for LivestockThe seeds are monitored for viability every 3 to 5 years. Thirteen seed samples
which the centre calls 'vitamin Etse-tehadso' are also kept under ground.
According to the Herbalist, restoration of medicinal plants has been undertaken
in some areas of the country where these genetic resources have been lost fromthe localities. In addition to the conservation activities, the Centre is providing
traditional medicines and health care at the Centre and at its branch in Addis
Ababa.

Figure 11: Partial view of the medicinal plants garden

The Herbalist states that about 23 medicinal plant species have become extinct
from the country because of the absence of proper conservation and sustainableutilization. The Centre identified the following major problems and constraints ofmedicinal plants:> Severe erosion and extinction of indigenous knowledge;> Lack of capacity at government institutions responsible to look after the
resources;> Lack of due consideration to the resource and traditional medicines;
Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 47

> Absence of an organization to integrate and coordinate the efforts oftraditional healers and their healing practices;> Absence of due respect for indigenous traditional healers (or herbalists);> Lack of inclusion of traditional medication in government institutional
structure.
Besides the conservation and traditional healing endeavours, the Centreorganizes workshops and trainings in relation to traditional medication not onlyfor Ethiopia but also for Africa. They gave training to others from Ghana and
Kenya. The Centre recommends the following sites/regions as priority areas forthe conservation of medicinal plants. There is need for urgent action.
> Abay river catchment> The Kesem-lowland-woodland areas including Afar and Somali regions;> South Omo – the Omo river catchment, and around Jinka> Gonder and Eastern Gojam (Zege) areas> Benishangul-Gumuz and Gambella areas
The Herbalist believes that restoration of the medicinal plants to their natural
habitat is important since the curing ability is more effective when they arecollected from their natural habitats rather than plants collected from areas where
they have been taken to. This result was also supported by findings whichindicated that 88.46% of the respondent prepared fresh herbs and gave them
immediately.
100

88.46%

90
80
70

Percent

60
50
40
30
20

Figure 12:
Traditional
Medicine
Storage

8.97%

10

1.28%

1.28%

0
Prepared andStored in
Refrigerator

Prepared andStored in Room
Temperature

Prepareand Give

Plant Store in
Air Condition

48 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for LivestockThe Herbalist stated that training was mainly given for common disease
treatments. All healers have their own specialization; those specializations are a
big secret to the family. The herbalist confirmed that she is from the 52 generationof the Deshet. This generation is specialized on gene and mental development.
So this knowledge is never ever disclosed to anybody even when the generation
is at a big risk. This also revealed that 64.10% of the respondents were not willingto share their knowledge with the researchers.

Yes (35.90%)
No (64.10%)

Figure 13: Knowledge Sharing with the Researcher

She finally confirmed that this knowledge belongs to the community. But unlike all
healers this family has written a document that will be transferred from generation
to generation. This document was asked for by the Ethiopian science &Technology for documentation but she refused to provide it even to thegovernment.
7.6
Interview with the Government officials
This research interviewed six government officials from the Ethiopian Intellectual
property office, National Health and Nutrition Research Institute (NHNRI), Wondo
Genet Agricultural Research Center (WGARC) traditional medicine, Ministry of
Science and Technology and Environmental Protection Authority.
All respondents agreed on the issue for the criteria to be applied to determine
whether certain knowledge should be characterized as traditional as follows:
associated mainly with the other traditional culture or beliefs of the society
concerned, mostly communicated orally; no systematic documentation, area
Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 49

specific, i.e.; not widely spread, Dose, type and source of herbal medicine isdependent on the practitioner.
The majority view on the recognition of the rights of traditional communities on
their knowledge of traditional medicine based on traditional medicinal knowledge
should be officially recognized for it helps the majority of the public, and mostrural communities are benefiting from traditional medicine in many ways. So
recognizing this means developing a system by which all can benefit fromthereby reducing the improper usage of the knowledge as well as conserving theenvironment.
All agreed on the issue of recognizing the community (customary) laws on
traditional medicine. And they proposed the way forward as follows: In the firstplace, there has to be a means to protect the knowledge of healers; and hence a
proper registration system of such knowledge has to be in place. Devising asystem to appreciate these communities with some royalty is important. To do so,
discussion may be important involving all relevant stakeholders including
traditional healers, representative of the aged people, medical doctors,
pharmacists, pharmacologist, pharmacognocist, organic chemists, lawyers, etc.
There has to be an organic link between traditional medicine and modern
technological laboratories with proper exchange of knowledge and withadequate secrecy. Categorizing valuable and senseless community laws has tobe made thereby discussing with the healers, users and professionals.
Proper working procedure then shall be devised to make use of the agreed
community laws. For this, recognition of various community leaders at eachidentified locality is to be made.
The issue about knowledge of an Ethiopian law which addresses the protection of
traditional medicinal knowledge, the majority agreed there is no clear policy but
the law issued by biodiversity institute indirectly it address the issue of Access &benefit from protection of unfair exploitation by the third party.
All respondents agreed on recognition and certification of traditional healers withproper care and follow up. And they suggested that the responsible organization
should depend on the type of traditional medicine being certified (the certifying
body may be one, two or three institutions/organizations): If, for example, the50 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestockproduct to be certified is simply herb, certification should depend on the type andvarieties that specific herb belongs to. In this case the Ministry of Agriculture
together with the Agricultural Research Institutes (ARI) may be relevant.
In another case, when the traditional medicine is made from minerals, may be theQuality Standard Authority of Ethiopia (QSAE) should be relevant but in
consultation with the National Health and Nutrition Research Institute (NHNRI).
But most traditional medicines are made from a combination of different
ingredients; multi-institutional certification system may also be devised.
All agreed on the fact that traditional medicinal practitioners should disclose theirformulations to a pertinent government body so as the public benefits, more to
get standardized service and the healers will also get royalty for the knowledge
and necessary technical support.
All suggested on the area of government intervention; to ensure the potential of
traditional medicinal knowledge is realized in the national health care system,
there should be:> Organizing different traditional healers located at various parts of the country,> Capacitating these healers with some very crucial health care systems
through series of trainings and experience sharing; in this case some NGOs
can be involved> Devising a system by which these practitioners share their knowledge to therelevant institution(s)> Organizing Traditional Healers Research Group of Ethiopia (THRGE) at
different levels, may be under NHNRI where they can share their knowledge
and conduct preclinical and clinical researches together with the researchbody,> Establishing firm linkage between Ministry of Science and Technology(MoST), National Health and Nutrition Research Institute (NHNRI), Wondo
Genet Agricultural Research Center (WGARC), Institute of Biodiversity
Conservation (IBC), Quality Standard Authority of Ethiopia (QSAE), Addis
Ababa University School of Pharmacy, Herbarium of Addis Ababa University.
> Studying the value chain of traditional medicinal plants and thereby
supporting each step with proper research.

Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 51

> System of certification has to be devised,> Awareness creation to the communities with respect to where, how and which
type of herbal medicine is relevant for their health care.
Finally all agreed on the conventional intellectual property system which evolved
over the past few centuries in the west has no relevance to the protection of theknowledge of traditional medicine but with the exception of some modificationaccording to our public culture and understanding may be used.
7.7

Options to protect the intellectual property right of the
traditional medicinal knowledge systemI.
Defensive protection is basically intended to prevent third parties fromacquiring or asserting IP rights over traditional knowledge including traditional
medicinal knowledge other than the customary custodians of the knowledge orresources. To prevent patent claims on traditional medicinal knowledge, it would
require making available the knowledge that is already in a certain group of thecommunity in some kind of documented form by publishing the data in order tobring it to the attention of patent examiners. The following measure that may beconsidered in this respect and that has been suggested by several authors
would be to collect information on traditional medicinal knowledge and hold it in a
database to make it available at the national and international level in order toprove prior art.
The major concern with respect to publishing and establishing databases on
traditional medicinal knowledge is that it may further pave way for increased
misappropriation of such knowledge because of its public availability. Thus,
giving unrestricted access of genetic resources and associated traditional
knowledge may lead to further bio-piracy. And also the study revealed that 100%of healers received their knowledge orally and 89.7% of healers received theirknowledge with obligation.
II.
Positive protection of traditional knowledge including traditional
medicinal knowledge is intended to acquire IPRS by the holders of traditional
medicinal knowledge themselves. The protection may be through existing IPR
systems. In this context, we shall initially examine briefly whether existing IPR
systems may be applicable to traditional medicinal knowledge.
Patent - in order for an invention to be patentable, it generally has to meet three
52 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestockcriteria namely: novelty, non-obviousness and industrial applicability and one
procedural criterion that of sufficient disclosure. These requirements underconventional IP law are cumulative and, if one of the substantive criteria is absent,
then the patent cannot be approved. The study revealed that 84.6% of the healersdidn`t improve the acquired knowledge. The study result indicated that certain
groups of communities which hold such knowledge did not wish to divulge theirknowledge to the public and prefer to hold such knowledge continuously within
the community. Traditional medicinal knowledge is already in the public domain
as such, the conventional IP system will not be applicable to such types of
traditional medicinal knowledge.
There are mainly three requirements that need to be satisfied in order to protect
certain knowledge as a trade secret. The information must be kept secret andtherefore must not be in the public domain. The information that is kept secretmust have a commercial value and the holder of the knowledge must makereasonable efforts to maintain secrecy of the knowledge. With respect to thisstudy of traditional medicinal knowledge, there are 92.3% of the healers who
confirmed that their knowledge was well-known by individuals in their community
but not the whole community. In such situations, such traditional medicinal
knowledge cannot be protected under trade secrets.
III.
In view of the special and often varied characteristics of traditional
knowledge and the difficulties of applying conventional intellectual property
rights protection to such knowledge, there are several efforts made at theinternational, regional and national levels to develop a sui generis regime for theprotection of traditional knowledge including traditional medicinal knowledge.
As pointed out previously in the literature paper, The African Model Legislation
seems to incorporate the most comprehensive and novel set of objectives forprotection of traditional knowledge and the biological resources on which they
are based. It contains important elements as objectives. For instance, it refers to'knowledge and technologies of communities' as the objective of protection
which is closer to the provision of the CBD which recognizes the existence of
local technologies used by local communities in the creation and exercise of theirknowledge system. It also incorporates the notion that the rights of the local
communities over their knowledge and technologies are 'inalienable'. This isintended to suggest that no one can appropriate the long-standing and intergenerational rights of local communities over their knowledge and technologies
Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 53

and associated biological resources and to exercise such right including
exchange of such knowledge within such communities permanently. It also
implies that access to biological resources and related knowledge andtechnologies may only be availed to third parties only if consented to by theconcerned communities themselves. The African model legislation is also
intended to ensure the effective participation of the communities in access andbenefit sharing.
The African Model legislation refers to the 'community rights' as 'community
intellectual rights'. It gives emphasis to the collective nature of the rights and theright of the communities to collectively benefit from their knowledge. In otherwords, it does not seem to provide any possibility that the knowledge within thecommunity can be privately held by individuals or group of persons within thecommunity. This gives rise to the issue of whether or not it is always the case thatthe community holds traditional knowledge collectively or whether or not it is thewish of the individuals who hold such traditional knowledge in the community oreven if held by the community as a whole, it is recognized that it is held and sharedcollectively. The use of the term 'community intellectual rights' has also beencoined to avoid the term 'property' since it is believed that the conventional formsof IPRS are inappropriate to community traditional knowledge which are always
presumed to be freely shared within the community even if it has no commercial
value.
The African Model legislation strongly emphasizes the role of customary law of
the concerned communities in determining their rights; in the identification of theirknowledge and also in the access, use of their biological resources and related
knowledge. This is a very important provision in the sense that it gives thedecision-making power in all matters to the holders of the TK themselves. This
creates the necessary incentives for the communities to actively participate in theprotection of their knowledge. The above discussions on the instruments
intended to protect traditional knowledge have relevant provisions that must be
used for the development of a sui generis regime for the protection of traditional
knowledge in the Ethiopian context. There are variations and similarities in someof the provisions contained in the laws. What one can see is that there are certain
major policy differences in the laws. For instance, in the African model legislation,
there is no mention of 'property' rights over the traditional knowledge that
communities hold.
54 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for LivestockThis is a major policy decision since the underlying presumption behind avoiding
the term 'property rights' is the firm belief that traditional knowledge should not beprotected by any form of IPRS that entitle exclusive rights to the community or any
member of the community because it is believed that the communities freely
exchange their knowledge, innovations and practices associated with biologicalresources. Imposing western forms of IPRS would, therefore, destabilize such
communities and create culturally inappropriate forms of protection of TK which
has been held collectively and passed freely from generation to generation. One
thing that the study revealed is that communities have their own customary
practices of protecting their knowledge and recognition of individual creativity
within their customary systems which may at times be similar or close to the IPR
form of protection. According to Dutfield, customary laws and practices containthe rules of the holders of traditional knowledge, and in the local context theyusually provide effective protection [21]. Kuruk also mentioned that themechanisms may cease to be effective [22]. Similarly Timmernans stated that it isdifficult to use existing laws and mechanisms for the protection of traditional
medicine, it is necessary to look beyond and to devise new mechanisms.
The study concludes that the traditional healer's knowledge in livestock protected
through appropriate sui generis intellectual property right protection scheme withhighly consideration of customary law has to be in place.

Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 55

8. Conclusions & Recommendations
Traditional healers of the study areas of Ethiopia were found to be rich in theirindigenous knowledge on the use of medicinal plants to manage various humanand animal diseases. Traditional knowledge has originated, developed and isbeing practiced by traditional knowledge holders. This knowledge aretransferred with own mechanism which is restrictive and family based. The
findings revealed the following points:> Customary systems have their own rule-based systems governing access toand use of knowledge.
> Special traditional knowledge is held by a certain group within the community.
> Traditional Medicinal knowledge has been passed from generation to
generation without improvement on the original knowledge. Moreover, somespecific knowledge is lost in between generations.
> Documentation of medicinal uses of plants is becoming urgent.
> Traditional healers protect their knowledge by attached beliefs.
> Ethiopian Orthodox church has great resources in Traditional Medicine
pharmacopeias based on the photocopy of the old book written in 1896 that
we got.
> The study area result revealed that customary law is still beyond thegovernment legal law.
> The spiritual aspect of traditional medicine cannot be separated from thephysiological uses of plants.
> The pilot survey revealed that the same plants are being used for the same
purpose across the same boarder with Afar and Keryu as examples. Similarly,
the full scale result revealed that the same names of diseases and treatment
are used in Afar and Isaa Somali.
56 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock

> Traditional knowledge is held by specific community members and not by thewhole community> There is knowledge specialization amongst healers. Most healers are known
to be best at some specific areas of medication.
> Plants used in preparation of the medicines are not well-known. This hindered
the protection of biodiversity in regard to these plants.
> One`s whole knowledge is disclosed to his/her family members but the rest of
the community would know the most common knowledge.
> No one, even within the owner's family, can practice the knowledge without
the owner`s permission.
> Knowledge is transferred orally. This led to knowledge being lost in theprocess from generation to generation.
> Traditional medicine is prepared by harvesting the roots.
> Restoration of the medicinal plants to their natural habitat is important instrengthening curing ability when collected from their natural habitats.
> Traditional healers' knowledge in livestock can be protected throughappropriate sui generis intellectual property rights with highly considerationof customary law.
Recommendation> Systematic cultivation of medicinal plants be introduced in order to conserve
biodiversity and protect threatened species.
> An urgent need to formulate an array of incentive measures to ensure thatmembers of the younger generations would desire to learn, value, adapt andapply the traditional knowledge.
> The government should create an environment where the traditional healers
can communicate with researchers and reveal secret medicinal cures andtheir beliefs of treatment.
> Traditional medical policy, regulations and working guidelines must be
approved.
> The government must be resolving the differences and disagreements
between the traditional herbalists and modern medical practitioners.
> Transfer of knowledge should be appreciated by the knowledge owners andtheir advantage in doing so should be made clear.
> Knowledge owners must be motivated and given incentives to work incollaboration with modern medicine experts.
> IP protection should be familiarized by the knowledge to know its benefit
Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 57

> Government policy must be directed to benefit the knowledge owners while
using the result at the national as well as international level.
No.

Name

Designation of Government Office

1

H.E Dr. Zerihuni Kebede

Former State Minister of Science and Technology

2

Mr. Wondosen Belete

Director of Environmental System Project of Ethiopian Environmental Authority

3

Mr. Wondosen

Director of Environmental System Project of Ethiopian Environmental Authority

4

Mr. Kissi Mudie

Traditional Medicine Researcher, Ethiopian Health and Nutritional Research Institute5

Mr. Solomon Abate

Director, Wondo Gent Agricult ural Research center6

Mr. Feleke Kibrate

Secretary for Ethiopian Health Research Ethics

58 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for LivestockBibliography
A historical overview of traditional medicine practices and policy in Ethiopia.
Kassaye, Kebede Deribe. Jimma : Jimma University, Faculty of Public Health,2006.
Indigenous knowledge for development of a framework for action. World Bank.
s.l. : Knowledge and Learning Center, November 4, 1998.
Ethiopian Traditional Medicine: Common Medicinal plants in perspective. Fullas,
Dr. Fekadu. Sioux City : Sage Publication, 2001.
Ethiopia: Traditional Medicine and the Bridge to Better Health. s.l. : World bank,2001, Vol. No 35.
Traditional knowledge and Intellectual property Rights. Belete, Habtewold. Addis
Ababa : Ethiopian Health and Nutrition Research Institute, 2003.
CONSOLIDATED SURVEY OF INTELLECTUAL PROPERTY PROTECTION OF
TRADITIONAL KNOWLEDGE. WIPO. Geneve: WIPO, 2003.
Traditional Knowledge and intellectual property. AAAS. Washington, 2005.
Impacts of Urbanization on the Traditional Medicine of Ethiopia Wondwosen.Kamla-Raj., 2006.
Out of Africa: Mysteries of Access and Benefit Sharing. Edmonds Institute incooperation with African Centre for Biosafety, Tesfaye, 2006.
http://www.africanshaman.com/id50.htm
UNCTAD Expert Meeting on "Systems and National Experiences for Protecting
Traditional Knowledge, Innovations and Practices" UNCTAD, United Nations.
Palais des Nations, Geneva, 30 October 2000. Traditional Medicine and Its
Knowledge. Dr Xiaorui Zhang.
Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 59

THE AFRICAN HERBAL INDUSTRY: CONSTRAINTS AND CHALLENGES By
Ernest Rukangira, Director, Conserve Africa International. Note: This paper was
prepared for presentation at The natural Products and Cosmeceutcals 2001
conference. It was published in Erboristeria Domani., August 2001.
Perceptions and practices of modern and traditional health practitioners about
traditional medicine in Shirka District of Arsi Zone, Ethiopia. Getachew, Dawit,
Timotewos, Kelbessa. Addis Ababa, Ethiopian J. Health Dev., 2002.
Survey of poisonous plants in Southern Ethiopia. Dawit, Kelbessa, Asfaw,
Chernet, Amare. Addis Ababa, Ethiopian J. Health Dev. 2001.
Medical preparation and use of Garlic by traditional healers in Southern Nations
Nationalities and Peoples State, Ethiopia. Dawit, Tadesse. Addis Ababa,
Ethiopian J. Health Dev. 1999.
Plants used in traditional management of human ailments at Bale Mountains
National Park, Southeastern Ethiopia. Haile Yineger, Ensermu Kelbessa, Tamrat
Bekele and Ermias Lulekal. Journal of Medicinal Plants Research Vol. 2(6), pp.
132-153, June, 2008.
Marketing of Medicinal Plants in Ethiopia: A survey of the trade in medicinal
plants. A research report prepared for Sustainable Use of Medicinal Plants
Project, Institute of Biodiversity Conservation, Addis Ababa. Mander, M., B.
Emana, Z. Asfaw and B. Badassa, 2006.
http://www.wto.org/english/tratop_e/TRIPS_e/art27_3b_background_e.htm
20. What is Sui Generis System of intellectual property protection? ATPS. Moni
Wekesa. 2006
Dutfield, G. (2000). The Public and Private domains intellectual property right intraditional knowledge . Science Communication.
K. Timmermans (2003). Intellectual property rights and traditional medicine;policy dilemmas at the interface. Social Science & Medicine.

60 | Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for LivestockMugabe J. Intellectual property Protection and Traditional Knowledge: An
exploration in international policy Discours. African center for Technology
Studies.
Dutfield, G. (2005). Harnessing Traditional knowledge and genetic resources for
local development and trade.

Assessment of Possible Intellectual Property Protection Options of Traditional Knowledge System in Ethiopia: Special Reference in Herbal Medicine for Livestock | 61

The African Technology Policy Studies Network (ATPS) is a multidisciplinary network of researchers, private sector actors andpolicy makers promoting the generation, dissemination, use andmastery of science, technology and innovation (ST&I) for African
development, environmental sustainability and global inclusion.
ATPS intends to achieve its mandate through research, capacity
building and training, science communication/dissemination andsensitization, participatory multi-stakeholder dialogue,knowledge brokerage, and policy advocacy.

African Technology
Policy Studies Network
Contact the Executive Director at
The Chancery, 3rd Floor, Valley Rd.
P O Box 10081, 00100-Nairobi, Kenya
Tel: (254 020) 2714092, 2714168,
2714498, 2723800
Fax: (254 020) 2714028
http://www.atpsnet.org

Science, Technology and Innovation
for African Development

ISBN: 978-9966-030-35-1