Legalities and Legal Foundation of Dok Alternatibo
LEGAL FOUNDATION
A) THE 1987 PHILIPPINE CONSTITUTION. Article II (Declaration of Principles and State Policies):
a. Section 6. “The separation of the Church and the State shall be inviolable”
b. Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.
c. Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them.
d. Section 22. he State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.
B) Republic Act No. 8423 also known as The TRADITIONAL AND ALTERNATIVE MEDICINE ACT (TAMA) OF 1997.
Section 2. Declaration of Policy. – It is hereby declared the policy of the State to improve the quality and delivery of health care services to the Filipino people through the development of traditional and alternative health care and its integration into the national health care delivery system.
Section 3. Objectives. – The objectives of this Act are as follows:
(a) To encourage scientific research on and develop traditional and alternative health care systems that have direct impact on public health care;
(b) To promote and advocate the use of traditional, alternative, preventive and curative health care modalities that have been proven safe, effective, cost effective and consistent with government standards on medical practice;
(c) To develop and coordinate skills training courses for various forms of traditional and alternative health care modalities;
d) To formulate standards, guidelines and codes of ethical practice appropriate for the practice of traditional and alternative health care as well as in the manufacture, quality control and marketing of different traditional and alternative health care materials, natural and organic products, for approval and adoption by the appropriate government agencies;
(e) To formulate policies for the protection of indigenous and natural health resources and technology from unwarranted exploitation, for approval and adoption by the appropriate government agencies;
C) Republic Act No. 8371 otherwise known as the Indigenous People’s Rights Act (IPRA) of 1997. Emphasizes the significance of practicing Alternative Medicine particularly among our brothers and sisters who belong to the indigenous sector.
Section 34. Right to Indigenous Knowledge Systems and Practices and to Develop own Sciences and Technologies. – ICCs/IPs are entitled to the recognition of the full ownership and control and protection of their cultural and intellectual rights. They shall have the right to special measures to control, develop and protect their sciences, technologies and cultural manifestations, including human and other genetic resources, seeds, including derivatives of these resources, traditional medicines and health practices, vital medicinal plants, animals and minerals, indigenous knowledge systems and practices, knowledge of the properties of fauna and flora, oral traditions, literature, designs, and visual and performing arts.
D) Republic Act No. 2382 otherwise known as the Medical Act of 1959. This law shall be considered to, at all times, as the legal, rational, valid and appropriate references vis-à-vis our ministry of natural healing vocation.
E) Republic Act No. 7459 otherwise known as the Inventors and Inventions Incentives Act of 1992. This law shall be considered to, at all times, as the legal, rational, valid and appropriate references vis-à-vis our ministry of natural healing vocation.
Section 2. Declaration of National Policy and Program. — It is hereby declared to be the national policy to give priority to invention and its utilization on the country’s productive systems and national life; and to this end provide incentives to investors and protect their exclusive right to their invention, particularly when the invention is beneficial to the people and contributes to national development and progress.
Pursuant to the national policy, the Government shall provide a program to set up a climate conducive to invention and innovation, give encouragement and support to inventors who are creative and resourceful, as well as the imbued with a deep sense of nationalism, and maximize the capability and productivity and inventors through incentives and other forms of assistance and support.
F) Republic Act No. 8293 otherwise known as the Intellectual Property Code of the Philippines, Chapter III RIGHT TO A PATENT;
Section 28. Right to a Patent. – The right to a patent belongs to the inventor, his heirs, or assigns. When two (2) or more persons have jointly made an invention, the right to a patent shall belong to them jointly. (Sec. 10, R. A. No. 165a)
Section 29. First to File Rule. – If two (2) or more persons have made the invention separately and independently of each other, the right to the patent shall belong to the person who filed an application for such invention, or where two or more applications are filed for the same invention, to the applicant who has the earliest filing date or, the earliest priority date. (3rd Sentence, Sec. 10, R. A. No. 165a.)
Section 31. Right of Priority. – An application for patent filed by any person who has previously applied for the same invention in another country which by treaty, convention, or law affords similar privileges to Filipino citizens, shall be considered as filed as of the date of filing the foreign application: Provided, That: (a) the local application expressly claims priority; (b) it is filed within twelve (12) months from the date the earliest foreign application was filed; and (c) a certified copy of the foreign application together with an English translation is filed within six (6) months from the date of filing in the Philippines. (Sec. 15, R. A. No. 165a)
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