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Vidya Deshpande
Patents have been grabbing headlines like never before. But while all the hullabaloo is being created over the Basmati rice and neem patents, what has seemingly gone unnoticed are the patents of items that are used almost every day in Indian households, from the hated karela (bitter gourd) to the juicy kathal (jackfruit), the spicy Indian black pepper (kali mirch), pomegranates and even amla (Indian gooseberry).
India has committed to change its patent laws by April 1999 in accordance with WTO obligations. However, the recent Patents Bill, passed by the Rajya Sabha and pending approval in the Lok Sabha, has a protection clause that does not permit exclusive marketing rights to products that have been in traditional use in the country.
``But in the US and Europe, patent rights are being granted on pharmaceutical and agricultural products and processes despite their origin,'' says Vandana Shiva, head of the Research Foundation for Science and Technology.
The biopiracy fact-sheets, brought out by theFoundation, focus on indigenous knowledge of some medicinal plants, which were covered by US patent claims, despite their widespread use in this country.
There are at least 14 patents on the medicinal uses of mustard seeds and the infamous sarson ka tel. ``For centuries, slightly warm mustard oil with camphor rubbed on the chest has been a cure for influenza and bronchial complaints,'' says the fact-sheet brought out by Shiva. The other uses of mustard seed and oil are for gum inflammation, rheumatic pain, epilepsy, ear pain and elephantiasis.
Patent No. 4 673 575 has granted the Fox Chase Cancer Centre, Pennsylvania, USA, the right to make compositions, pharmaceutical preparations and even the method of using Bhu Amla for treating viral hepatitis. Bhu Amla has been traditionally used for the treatment of coughs, asthma, jaundice and wounds, among other uses.
A similar patent has been granted to the centre for using amla in the treatment of retrovirus infections. Several indigenous plants, which claimto have immuno restoring properties as a likely cure for AIDS and HIV infections, have also been patented. The patent for karela, for example, for use in treating tumours and HIV infections, has been granted to New York University.
Another herb, guruchi, which according to Hindu mythology is supposed to be a heavenly elixir that kept celestial beings eternally young, has been patented in the US by a Kanpur resident, Surender Rohatgi, for an Ayurvedic formulation to cure AIDS, TB and other immuno-deficiencies.
Ashwagandha, the desi version of Viagra that is supposed to be a rejuvenator that imparts long life, vigour and intellectual power, has also been patented as a treatment for musculoskeletal diseases. Even the ubiquitous ginger has four patents, two of which are held by US-based corporations, for various uses.
The problem with patents is that intellectual property rights regimes provide protection only to formal innovators and do not recognise indigenous, informal innovators. Says Shiva, in her bookon biopiracy: "Sharing and exchange get converted to piracy when individuals, organisations or corporations freely receive biodiversity from indigenous communities, and convert the free knowledge into private property through IPR claims."
The best example is the case of neem, which has 65 patents for various uses by US, European and Japanese firms since 1985. The most contentious have been the four patents held by W R Grace and Co., US, for the use of neem as a pesticide and anti-fungal agent. The Indian government and several scientific bodies have been trying to fight these patents given to W R Grace.
Turmeric is another bone of contention, with the US Patent and Trade Mark Office granting patents for four of the most common uses of turmeric as a cosmetic agent, a wound healer, anti-inflammatory agent and food additive.The ultimate strike will come if the 17 patents filed by Nestle India come through as these include a recipe for making pulao.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.
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