Biopiracy Disputes Turmeric, Neem, Basmati.
Biopiracy refers to the unauthorized use or patenting of biological resources, traditional knowledge, or indigenous plants by corporations or individuals, often without compensation or acknowledgment to the communities that discovered or traditionally used them.
India has been active in challenging biopiracy through:
Patents Act, 1970 (Amended 2005) – Section 3(p) prohibits patents on plants and traditional knowledge.
The Biological Diversity Act, 2002 – Protects India’s genetic resources and associated traditional knowledge.
Traditional Knowledge Digital Library (TKDL) – Maintains documented knowledge of Indian medicinal plants and formulations to prevent misappropriation abroad.
Detailed Biopiracy Disputes and Cases
1. Turmeric – W.R. Grace & Co. Patent Challenge (USA, 1997)
Facts: W.R. Grace & Co. obtained a US patent for turmeric powder used to heal wounds.
Issue: Turmeric had been traditionally used in India for centuries in medicine.
Action Taken:
Council of Scientific and Industrial Research (CSIR) filed a challenge in the US Patent Office.
Evidence from ancient Ayurvedic texts (Sushruta Samhita and Charaka Samhita) was presented.
Outcome:
US Patent was revoked on the ground of prior art (existing traditional knowledge).
Significance:
Landmark case in protecting India’s traditional knowledge against patenting abroad.
2. Neem – European Patents Controversy (1995–2000)
Facts: European companies, including W.R. Grace and the US corporation, USDA, attempted to patent processes involving the neem tree for fungicidal and medicinal purposes.
Issue: Traditional use of neem in India for pest control, medicine, and agriculture.
Action Taken:
CSIR and Indian authorities filed oppositions in the European Patent Office (EPO).
TKDL provided documented evidence of traditional uses of neem in Ayurvedic texts.
Outcome:
Patents on neem-related processes were revoked in 2000.
Significance:
Strengthened India’s TKDL system.
Demonstrated India’s proactive approach to combat biopiracy using documented prior art.
3. Basmati Rice – RiceTec Inc. Dispute (1997–2002)
Facts: US-based RiceTec Inc. applied for a patent on Basmati rice lines and grains for cultivation in the US.
Issue: Basmati rice is geographically and culturally unique to India; the patent attempted to monopolize traditional varieties.
Action Taken:
CSIR and Indian government challenged the patent in the USPTO.
Evidence of centuries-old cultivation practices and regional origin of Basmati rice was submitted.
Outcome:
Some claims of the patent were revoked, though minor modifications to RiceTec’s patent were allowed.
Significance:
Highlighted the importance of geographical indications (GI) to protect indigenous crops.
Led to India registering Basmati rice as a GI product in 2016.
4. Ashwagandha – Herbal Patent Challenges (2002)
Facts: Companies attempted to patent herbal formulations containing Ashwagandha (Withania somnifera) in the US and Europe.
Issue: Ashwagandha has documented therapeutic uses in Ayurveda for centuries.
Action Taken:
India’s TKDL and CSIR provided prior art and traditional knowledge references.
Outcome:
Patents were successfully challenged and revoked.
Significance:
Showed the utility of documenting traditional knowledge to prevent biopiracy.
5. Haldi (Curcuma longa) and Other Spices – Various Patents (2000–2010)
Facts: Multiple foreign companies attempted patents on Turmeric-based compositions, extracts, and anti-inflammatory uses.
Issue: Traditional knowledge had already established medicinal properties of turmeric.
Action Taken:
Indian CSIR and the TKDL opposed patents in USPTO, EPO, and WIPO.
Outcome:
Many patents were revoked for lack of novelty and obviousness.
Significance:
Reinforced India’s defense mechanism against biopiracy for spices and medicinal plants.
6. Neem-Based Biofertilizers – Indian Council of Agricultural Research vs. Companies (1998–2003)
Facts: Several companies tried to patent Neem oil-based pesticides and biofertilizers in Europe and the US.
Action Taken:
India challenged patents using TKDL and documented traditional agricultural practices.
Outcome:
Most patents were revoked.
Significance:
Strengthened India’s claims over indigenous agro-biological resources.
Key Principles from Biopiracy Cases
Traditional Knowledge is Prior Art: Evidence from Ayurveda, Siddha, and other texts can prevent wrongful patents abroad.
Role of TKDL: India’s Traditional Knowledge Digital Library is critical in documenting prior art.
Geographical Indications (GI): Helps protect indigenous products like Basmati rice.
International Cooperation: Challenging biopiracy requires coordination with USPTO, EPO, WIPO.
Preventive Mechanism: Documentation, registration, and monitoring of patents globally prevent misappropriation of traditional knowledge.
✅ Conclusion
India has faced major biopiracy disputes involving Turmeric, Neem, Basmati, Ashwagandha, and other spices. Through legal challenges, prior art documentation, and TKDL, India has successfully revoked wrongful patents and protected its traditional knowledge. These cases highlight the importance of IP awareness, documentation, and global vigilance in combating biopiracy.
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