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Revista de El Colegio de San Luis
On-line version ISSN 2007-8846Print version ISSN 1665-899X
Abstract
MARTINEZ AGUILAR, Gabriela and ARELLANES CANCINO, Nimcy. The legal protection scheme sui generis of the traditional knowledge associated with traditional medicine in Mexico. Revista Col. San Luis [online]. 2019, vol.9, n.20, pp.113-140. Epub Mar 14, 2022. ISSN 2007-8846. https://doi.org/10.21696/rcsl9202019992.
The paper analyzes the applications of the sui generis legal protection scheme in the intellectual property of traditional Mexican medicine. The research is qualitative, with an approach to action research, and based on an exhaustive review of national and international archive sources. It is suggested that it is feasible to adapt the particulars to a defensive protection through the strategy of databases to avoid illegitimate appropriation. This implies the identification of sufficiently inclusive legal categories of what is to be protected, whether timeless or recognizing cultural variability. The work contributes to distinguishing individual and collective rights, as well as favoring the defense of biotic resources associated with traditional medicine.
Keywords : sui generis legal protection; traditional knowledge; traditional medicine.