Legal Protection Available For Traditional Medicine Brands In Uganda
Introduction
It is estimated that more than 60% of Uganda’s population depends on traditional medicine because it is accessible, affordable and culturally familiar. Herbal medicine has long been used to manage a range of common conditions, including malaria, digestive and respiratory problems, toothaches, skin diseases, childbirth complications among others. Many communities in Uganda relied on traditional knowledge passed down through generations to diagnose illnesses and prepare remedies from natural ingredients. Although many of these treatments lacked scientific validation, they were trusted by many Ugandans and remain popular today. We saw this during the COVID-19 pandemic, where many people turned to herbal remedies as a means of treatment over conventional medicine.
In recent years, there has been a noticeable shift towards herbal products, with consumers increasingly opting for natural alternatives free from harmful chemicals and additives. This global trend has even seen major brands capitalizing on the rising demand for natural and herbal ingredients, For instance, even large brands like Colgate are introducing herbal versions of their products, such as Colgate Herbal, Colgate Charcoal, etc to cater to this growing preference.
However, in Uganda, herbal medicine has traditionally been rooted more in cultural practices than commercial ventures. Many herbalists pay minimal attention to modernizing or improving their processes particularly in terms of production standards and product presentation. Their herbal products are often sold unbranded or poorly packaged, lacking the professional presentation that could attract a wider market. This limits the commercial potential of herbal medicines, making it difficult for them to compete with more polished, commercially available products. Due to the lack of regulation, the sector has unfortunately been tainted by some phony practitioners who have exploited the field and given it a bad name. This has discouraged more professional involvement, further hindering the industry’s potential growth.
As Uganda begins to recognize and regulate traditional medicine with the passing of the Traditional and Complementary Medicines Act of 2019, traditional medicine practitioners and stakeholders have the opportunity to protect and commercialize their innovations. The Act encourages Traditional medicine practitioners to assert ownership of their products and practices through Intellectual Property (IP). The Act has also since established a Council known as the National Council of Traditional and Complementary Medicine Practitioners with representatives from different stakeholders including the Association of Traditional Medicine Practitioners. The Council is mandated to control and regulate the practice of traditional and complementary medicine, to register and license practitioners and to provide for related matters. As part of ongoing efforts to standardize and promote traditional medicine, the National Drug Authority (NDA), through its mandate and as a broader initiative to ensure the safety, regulation, and accessibility of traditional medicine to the public, recently registered over 300 herbal medicines. It is therefore important for herbalists to understand how IP laws can provide additional protection for their knowledge, practices, and products.
Intellectual Property and Traditional Medicine
Intellectual property rights are essential for protecting innovations in various sectors, and traditional medicine is no exception. Herbalists possess valuable knowledge of what is good for treating which condition. The information exists within communities or families, but does not really travel further. It often remains confined within them. A key reason for this is that many herbalists, particularly those interested in commercializing their practice, are reluctant to share their knowledge. They fear that researchers or others may exploit their insights without proper recognition or compensation. As a result, herbalists often choose to keep their knowledge private, stifling both individual growth and the development of the herbal medicine industry as a whole.
Introducing herbalists to the concept of intellectual property could help alleviate these fears. Through proper IP protections, such as patents, trademarks, geographical indications, or trade secrets, herbalists can confidently share their knowledge, collaborate with researchers, and benefit from commercial opportunities without the risk of exploitation. With increasing global interest in natural and indigenous remedies, it is more important than ever for Ugandan herbal practitioners to protect their medicinal knowledge and products from exploitation or unauthorized use. There are various IP tools available that can help herbalists achieve this:
- Branding Your Medicine
This can be done through registration of a trademark. A trademark is a symbol, logo, name, or design that distinguishes your products or services from others in the marketplace. For traditional medicine practitioners, creating a brand around your products is key to building trust and recognition. With a trademark, you can ensure that your name or product is not used by others without your permission. For instance, a herbal formula that is associated with your clinic or business can be trademarked under a unique name, which allows you to maintain exclusive rights to use that name. This not only protects your business from imitation but also adds value to your brand as consumers learn to trust and rely on your products. As your business grows, you can use your trademark to expand into new markets, for example, if you want to sell your herbal products in other regions or countries, having a registered trademark makes it easier to protect your brand globally.
- Protecting New Medicinal Formulations
This can be by way of a patent. If you have developed a new formulation or process for creating traditional medicine that meets the patent requirements of novelty, inventiveness, and industrial applicability, you may be eligible to patent it. A patent gives you the exclusive right to produce, use, and sell that formulation for a certain period, usually 20 years. For example, if you create a new extraction method for a medicinal plant that enhances its effectiveness, a patent could help you protect that method, preventing others from copying your process without authorization. This protection is particularly important for preventing pharmaceutical companies or foreign entities from exploiting your knowledge.
- Protecting Community Knowledge
This may be done through Geographical indications (GIs) offer a powerful way to protect traditional knowledge that is tied to a specific location. A GI is used to signify that a product has qualities, reputation, or characteristics specific to a certain area. For example, a particular herbal remedy that is traditionally produced in a specific region of Uganda can be protected by a GI, ensuring that only products from that region or association can use that designation. GIs are especially useful for protecting the collective knowledge of communities and can prevent the misappropriation of traditional remedies by outsiders. Additionally, they help promote regional economic development by giving value to indigenous practices.
- Keeping Formulations Confidential
Another tool available for protecting traditional medicine and keeping the herbalist’s formulas confidential is Trade Secret protection. If your practice or product involves a unique method or ingredient that is not disclosed publicly, you may choose to keep it as a trade secret. This ensures that the knowledge is shared only within trusted circles or under non-disclosure agreements (NDAs). However, it is important to have appropriate legal agreements in place, such as confidentiality agreements with employees or partners, to safeguard your trade secrets effectively.
How can we be of help?
While these IP protections can be valuable, each form of protection comes with its own eligibility requirements, application processes, and costs. We can help you:
- Assess whether your traditional medicinal knowledge, products, or processes qualify for protection under IP laws.
- Prepare and file applications for trademarks, patents, and other IP rights.
- Draft and negotiate confidentiality agreements to protect trade secrets.
- Enforce your rights in case of infringement or unauthorized use.