References to Indian plants found in USPTO

Ashok B Sharma in New Delhi

The Director-General of Council of Scientific and Industrial Research (CSIR), Dr RA Mashelkar said that the Traditional Knowledge Digital Library (TKDL) task force studied the United States Patents and Trademark Office (USPTO) database in March 2000 and have found 4,896 references on 90 medicinal plants. He said that about 80 per cent of the references were on seven medicinal plants of Indian origin namely Kumari, Mustaka, Tamraparna, Garjara, Atasal, Jambira and Kharbuza.

He said that the IPC A61K35/78 data base was for the year 1976-2000 and it revealed that 570 patents were granted in 1976-1994 and 537 patents were granted in 1994-2000. About 408 references were available on Aloe-vera for March 2000 itself. Out of 762 patents on medicinal plants which were studied show that 360 of them could be categorised as traditional knowledge.

Dr Mashelkar stated that the situation is not so panic and India can fight its case and win if the patent rights were unjustly awarded. He said that India could win such cases concerning turmeric, neem and lately basmati. He said that India has won the case concerning basmati by getting the 15 out of 20 claims of the US firm, RiceTec struck down it is not allowed to use the generic name ‘basmati’ which is peculiar to the subcontinent. RicTec has been given the patent only over three ‘novel’ strains developed by the company. Under intellectual property regime any individual or company gets patent rights over their innovations.

He said that in patent offices in 24 countries, the applicants had staked their claims over the use of the generic name ‘basmati’ and India has won its case in 17 countries. He said that the cost of challenging these patent rights are quite high. He said that when CSIR challenged the patent on turmeric, the cost amounted to Rs 500,000.

He said that now with the the Geographical Indication Act in place and Plant Varieties & Farmers’ Rights Bill being passed by both the House of the Parliament, India will be in a better position to stake its claim over traditional knowledge. He urged that the Parliament should also be quick in in passing the Biodiversity Conservation Bill which is now before a select committee.

He said that the World Intellectual Property Organisation (WIPO) has constituted a specialised task force consisting of USPTO, European Patent Office, Japan Patent Office, China and India and is studying the possibility of integrating TKRC developed by India to IPC. This will enhance the coverage and scope of TKRC to other TMS and make TKRC country and discipline independent. The WIPO task force is expected to give its report by February 2002.

Dr Mashelkar said that community biodiversity registers are being prepared in the country and 75 plant biodiversity registers are prepared in 10 states. Many NGOs have become active in this direction by inculcating the concept of benefit sharing with the local community.