Establishment of a Registration System for Traditional Medical Knowledge in Vietnam: Conventional or Sui Generis Approach for Future Reform?

The paper aims to evaluate how effectively the registration system for traditional medical knowledge (TMK) in Vietnam functions to respond to the distinct features of TMK and the expectations of its stakeholders. The evaluation is conducted in consideration of the system's legal/institutional integrity, adaptiveness to TMK features, and response to TMK stakeholders'desires. The paper concludes that the current registration system that is substantially based on conventional copyright regime, from both theoretical and practical perspectives, finds it hard to accommodate the unique nature of TMK and the legitimate concerns of TMK stakeholders. In the light of lessons from failures of the system in the past and experiences from other countries, the paper gives argument in defense of adopting a sui generis approach for legal reform.