Whether ‘tis nobler in the mind to suffer
The slings and arrows of outrageous fortune,
Or to take arms against a sea of troubles,
And by opposing end them?
— Balwinder Shaikh’s Pir in Amrit
Mama Beeb reports that India is putting together an ayurpedia to fight inappropriate patents in developed countries (via Slashdot): Claim: 80% of U.S. patents on medicinal plants by 2000 were of Indian origin
In a quiet government office in the Indian capital, Delhi, some 100 doctors are hunched over computers poring over ancient medical texts… One of them is Jaya Saklani Kala, a young ayurveda doctor, who is wading through a dog-eared 500-year-old text book for information on a medicine derived from the mango fruit…. putting together a 30-million-page electronic encyclopædia of India’s traditional medical knowledge…Dr Vinod Kumar Gupta, who is leading the traditional wealth encyclopaedia project… reckons that of the nearly 5,000 patents given out by the US Patent Office on various medical plants by the year 2000, some 80% were plants of Indian origin… … in most of the developed nations like United States, “prior existing knowledge” is only recognised if it is published in a journal or is available on a database…
Mogambo is displeased
The ambitious $2m project, christened Traditional Knowledge Digital Library, will roll out an encyclopaedia of the country’s traditional medicine in five languages - English, French, German, Japanese and Spanish - in an effort to stop people from claiming them as their own and patenting them. The electronic encyclopædia, which will be made available next year, will contain information on the traditional medicines, including exhaustive references, photographs of the plants and scans from the original texts…
… ayurvedic texts are in Sanskrit and Hindi, unani texts are in Arabic and Persian and siddha material is in Tamil language… there are some 54 authoritative ‘text books’ on ayurveda alone, some thousands of years old… [Link]
The government is finally casting off its fatalist attitude on biopiracy, being proactive after winning patent cancellations on turmeric, neem and basmati rice:
… the government spent some $6m alone in fighting legal battles against the patenting of turmeric and neem-based medicines. In 1995, the US Patent Office granted a patent on the wound-healing properties of turmeric. Indian scientists protested and fought a two-year-long legal battle to get the patent revoked.Last year, India won a 10-year-long battle at the European Patent Office against a patent granted on an anti-fungal product, derived from neem, by successfully arguing that the medicinal neem tree is part of traditional Indian knowledge.
In 1998 the US Patent Office granted patent to a local company for new strains of rice similar to basmati, which has been grown for centuries in the Himalayan foothills of north-west India and Pakistan and has become popular internationally. After a prolonged legal battle, the patent was revoked four years ago. [Link]
The Beeb suggests one of the targets should be Bikram Yoga:
And, in the US, an expatriate Indian yoga teacher has claimed copyright on a sequence of 36 yoga asanas, or postures. [Link]
I’m a little skeptical of the 80% claim since the Amazon basin is also a huge biomine. It’s interesting that the Indian government is essentially open sourcing the knowledge rather than playing the game and extracting patent profits overseas. I assume they’d be beaten with chappals outside Rashtrapati Bhavan if they actually tried to patent common knowledge.
To some degree, biopiracy is the overhang of an Indian legal system which hasn’t taken intellectual property seriously to date, even defensively. On the flip side, it’s the American version of lazy borrowing in India, with screenwriters ripping off American movies and startups like Baazee.com doing the Indian version of eBay — only, in imitable American style, the potential profits are much greater.
Related posts: Patenting the chapati, Bird flu





