Top 3 cases of biopiracy of Indian ancient knowledge.
Ancient Indian knowledge is an ocean of information. The scientific and mathematical concepts mentioned in our old books are not taken care of, and the knowledge is considered worthless. Therefore, it becomes easy for others to steal these and use them in the wrong way.
Here are some examples of such cases that show how these ideas are being stolen from us.
Turmeric (Ukonrin.)
Turmeric is used as an essential spice in Indian kitchens. It has the property of making it an effective ingredient in medicines, cosmetics, and dyes. As a medicine, it has been traditionally used for centuries to heal injuries and rashes.
Our grandparents still suggest its use in their home remedies. In 1955, two expatriate Indians from the University of Mississippi Medical Center, USA (Suman K. Darth and Hariharkoli) were granted a US patent (No. 5,401,504) on turmeric in wound healing.
The Council of Scientific and Industrial Research (CSIR), the Indian Council, and New Delhi had filed a re-investigation proceeding against the US PTO, which challenged patents in the existing pre-art grounds.
CSIR claimed that turmeric had been used for thousands of years to heal injuries and rashes, so the use of the drug was not a novel invention.
These claims were supported by evidence of traditional knowledge, including ancient Sanskrit texts and documents published in 1953 in the Journal of the Indian Medical Association. Despite the patent owner's complaint, the US PTO upheld the opposition to the CSIR and canceled the patent.
"Neem Tree (Azajirakita Indica)"
Neem tree excerpts can be used against hundreds of pests and fungal diseases that attack food crops. The oil taken from that species can be used to treat colds and the flu.
When served with soap, it provides relief from malaria, skin diseases, and even meningitis. In 1994, the European Patent Office (EPO) issued a patent (EPO Patent No. 436257) to a US company to control fungi on plants with the assistance of hydrophobic squeezed neem oil.
It was given to the WR Grace company and the US Department of Agriculture. In 1995, an international NGO of Indian farmers and officials filed a law in opposition to the patent.
They provided evidence that the fungicide effects of neem tree excerpts were known and used for centuries in Indian agriculture to protect crops.
Therefore, it was pre-art and not patentable. In 1999, the EPO decided on the evidence that all the features of the current claim were already known to the public. Therefore, the patent was not considered creative.
The patent granted was withdrawn at the EPO in May 2000 when it was a neem tree. In 2001, USDA and the chemical multinational WR Grace challenged the EPO to cancel their patents. The EPO rejected the challenge in March 2006.
Plant Philanthus (Bhui Amla):
It is used to treat jaundice in Ayurveda. A US patent has been taken for its use against hepatitis B. Plant pepper is used for the treatment in Ayurveda for vitiligo (colored skin disease).
The patent has been granted to the UK for molecular applications from pepper for use in vitiligo treatment.
The use of these aggregated pieces of knowledge of Indian society is one of the nation's worries. Urgent action is needed to protect these fragile knowledge systems through national policy and international understanding of IPR.
Development and proper use for that holder must be supplied. A particular focus on community knowledge and community innovation, businesses, and investment are significant.
Indian Communities or individuals have failed to protect their characteristics within the current system of different cultural values and attitudes.
Even we believe that Indian culture is outdated and consider the western culture as modern and stylish.
The Indian community had a treasure trove of knowledge about flora and fauna, customs, habitats, seasonal behaviors, and more in the past.
The Indian culture and tradition are not outdated nor a waste of time learning about and researching. We need to value our culture and traditional knowledge so that such cases may never arise in the future.
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