Harder for foreign firms to patent traditional Indian cures
India’s Traditional Knowledge Digital Library (TKDL), which provides a database of indigenous systems of medicine, has already ensured the cancellation of 36 cases of bio-piracy and the withdrawal of another 200 applications made before the European Patent Office (EPO).
EPO had granted a patent to Italian-based company Data Medica Padova in February 2009 allowing them to use pistachio as an anti–cancer drug. This information was culled from one of 321 traditional Indian texts that include ayurveda, unani, siddha and yoga schools of medicine. Evidence presented by TDKL forced EPO to cancel this patent within six months.
Another patent was granted to Spanish company Perdix Eurogroup, also in February 2009, to use kharbooja (melon) extract as an anti-vitiligo cream. Protests by TDKL, which once again marshalled evidence, led to patent cancellation.
An even larger number of applications were voluntarily withdrawn once TDKL proved that information for these patents were drawn from traditional Indian medicinal texts.
Chinese company Jumpsun Bio-Medicine filed to used Bengal gram (chana) for treatment of both obesity and diabetes but their claims came to dust as did a Korean concern which wanted to use the Indian lotus for treatment of heart diseases.
TDKL director V.K. Gupta admits that foreigners have left no stone unturned in their search for indigenous local cures. The lowly mulaithi, horse gram, babool, brahmi, bhaang, cannabis, bhumi amla and even banfshah, used for diseases of the throat, have all been patented at some time or the other.
TDKL, Mr Gupta explained, was set up under the aegis of the Council of Scientific and Industrial Research, which estimated that over 2,000 wrong patents dealing with Indian systems of medicine were being granted every year at an international level.
In order to prevent this misappropriation, TDKL has created a database for 2.26 lakh medicinal formulation available in English, French, Spanish, German and Japanese.
A global bio-piracy watch system has also been instituted so that TDKL can take immediate corrective action to prevent granting of illegal patents. Already, a recent study carried by the Traditional Knowledge Digital Library expert team has shown a 44 per cent decline in the filing of patent applications concerns Indian systems of medicine.
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