Botswana stands at crossroads where the rich traditions of the past and the innovative potential of the future converge, forcing the country to harness the power of traditional medicines through intellectual property (IP). Companies and Intellectual Property Authority (CIPA) launched an IP and Traditional Medicines Project In Botswana, bringing together stakeholders under one roof to discuss strategies to protect and promote these age-old remedies on a global stage. CIPA is spearheading initiatives to register traditional medicine practitioners and their remedies to protect their valuable assets from exploitation and ensure that local communities benefit from their knowledge and resources. By registering traditional medicines, Botswana can prevent biopiracy, where foreign entities commercialize local resources without proper compensation to the indigenous communities.
Botswana’s commitment to protecting traditional medicinal knowledge is rooted in the Industrial Property Act of 2010, which encompasses the protection of all forms of Traditional Knowledge (TK), including traditional medicine. The Act provides traditional medicine practitioners with exclusive rights to their knowledge, enabling them to prevent unauthorized use and commercialization of their products.
“The Industrial Property Act offers comprehensive protection for traditional knowledge. Practitioners have the legal right to prevent third parties from reproducing, selling, or commercialising their products without consent. This legal framework is essential for safeguarding the intellectual property rights of traditional medicine practitioners,” explained Timothy Moalusi, Registrar Industrial Property at CIPA.
Legislative Gaps
Despite the robust legal framework, there have been significant challenges in translating these protections into tangible economic benefits. “Previously, the lack of a guiding policy hindered the economic utilization of traditional knowledge. However, the adoption of the Botswana Intellectual Property Policy (BIPP 2022) has been a game-changer. This policy is driving current projects and fostering an environment conducive to integrating traditional medicine into the broader pharmaceutical industry.” said Moalusi.
The BIPP 2022 envisions leveraging traditional knowledge for economic growth by promoting research and development (R&D) and facilitating the commercialization of traditional medicine. This approach aims to create sustainable business enterprises that can contribute to the national economy.
Currently, there are no proposed legislative changes specifically targeting the protection of traditional medicinal knowledge. However, CIPA is focusing on technological advancements to enhance accessibility. “We are developing an online system for the registration of intellectual property rights, set to go live in September 2024,” shares Moalusi. “This system will allow practitioners to register their knowledge from anywhere in the country, addressing the accessibility gap for those in remote areas.”
The government, through CIPA, plays a crucial role in ensuring the effective enforcement of intellectual property laws. Moalusi emphasises the importance of community involvement in the creation and implementation of these laws. “We consulted local communities and dikgosi (traditional leaders) when developing the law. These consultations are vital to ensuring the law meets the needs of Batswana.”
To raise awareness among traditional healers, CIPA, in collaboration with international organisations like the World Intellectual Property Organization (WIPO), has launched initiatives to train and mentor traditional medicine practitioners. These initiatives aim to enhance their understanding of intellectual property rights and the benefits of registration.
Landmark development
In a notable event held in Gaborone from July 24-26, 2024, the IP and Traditional Medicine Project was officially launched, marking a significant milestone in Botswana’s journey towards a knowledge-based economy. Joel Ramaphoi, Caretaker Registrar General of CIPA, highlighted the project’s genesis and its pivotal role in strengthening Botswana’s IP ecosystem. Ramaphoi shared, “This project commenced in April 2024 with the appointment of consultants who engaged key local stakeholders to gather information about the status of traditional medicine practices in Botswana. The warm relations between President Masisi and WIPO Director General Daren Tang during a 2023 visit to Geneva were instrumental in the conception of this project.”
He further acknowledged the support of the Minister of Trade and Industry, Mmusi Kgafela, and the involvement of international experts from WIPO, including Siddhartha Prakash and Fei Jiao, who provided valuable insights. The presence of distinguished speakers from Ghana and Ethiopia underscored the collaborative spirit of the event, as they shared their experiences in integrating traditional medicine into public health systems.
Success stories
The journey of Johannes Visagie, who registered the traditional medicinal properties of donkey milk, stands out as a success story. “Visagie’s knowledge has been commercialised into various products, including soaps and lotions. This case exemplifies how traditional knowledge can be protected and commercialised, creating sustainable businesses,” notes Moalusi.
Botswana collaborates with international organisations such as WIPO and the African Regional Intellectual Property Organisation (ARIPO) to develop and implement effective IP protections. “The recent WIPO treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge marks a significant milestone,” says Moalusi. “It ensures that indigenous communities are protected from misappropriation when their traditional knowledge is used in new inventions.” Botswana also looks to best practices from countries like China, India, and South Korea, where traditional medicine is successfully integrated into mainstream medicine. These countries have demonstrated that traditional knowledge can be commercialised on a global scale.
Future Prospects
Looking ahead, CIPA envisions an ecosystem where all traditional medicine practitioners register their knowledge, supported by a cohesive government framework that fosters research, branding, and market access. The ongoing project with 25 traditional medicine practitioners is a testament to this vision. “Our goal is to develop a sector that contributes to economic growth and diversification. The practitioners are responding positively.
We aim to see their products on pharmacy shelves locally and internationally, which will enhance their livelihoods and create employment opportunities,” Moalusi explained. Dumisane Keika of Dimata Dingaka and Leobo la Dingaka expressed gratitude to CIPA for the workshop lessons on IP and said that as traditional medicine practitioners their relationship with Ministry of Health is growing steadily as they are often invited for discussions and ideas exchange between them. He says that the COVID19 pandemic proved that a lot of work needs to be done in bettering relationships between them and the Ministry of Health as there was visibly a lack of connectedness which prevented them from contributing their ideas and skills in the effort to deal with the pandemic. “Our wish is to have an open and transparent relationship with both CIPA and the Ministry of Health so that in future we are better prepared and ready to deal with pandemics such as the COVI19 should the need arise as a unit without one part pulling the other direction while the other pulls in a different direction,” he stated.
As Botswana moves forward with this ambitious project, the protection and commercialization of traditional medicinal knowledge promise to unlock new economic opportunities, ensuring that the rich heritage of traditional medicine continues to thrive in the modern world.
Traditional medicine in Botswana has a deep-rooted history, with an estimated 3,100 practitioners, predominantly in rural areas.
Despite this, the integration of traditional practices into the mainstream healthcare system has been limited. Efforts are underway to change this narrative. The Ministry of Health has underscored the importance of scaling up the use of traditional medicine, especially given its potential to address a variety of health issues alongside conventional treatments. The World Health Organization (WHO) has also highlighted the importance of traditional medicine in its strategy for 2014–2023, encouraging countries like Botswana to explore and validate these natural remedies for broader use. This aligns with the recent National Health Research Symposium in Gaborone, which emphasized the need for increased research and development in this sector.