Traditional Medicinal Knowledge Disputes.
Traditional Medicinal Knowledge refers to knowledge, innovations, and practices of indigenous communities related to medicinal plants, healing methods, or formulations. TMK is often oral, community-based, and passed down through generations, which makes its protection under conventional IPR frameworks complex.
1. Legal Framework
International:
Convention on Biological Diversity (CBD, 1992)
Recognizes sovereign rights over biological resources and requires prior informed consent (PIC) for access to traditional knowledge.
Nagoya Protocol (2010)
Ensures fair and equitable sharing of benefits arising from utilization of TMK.
TRIPS Agreement (1994)
Requires protection of IPR but leaves TMK protection to national discretion.
India:
Indian Patents Act, 1970 (as amended 2005)
Section 3(p) bars patents on traditional knowledge already in public domain.
Protection of Plant Varieties and Farmers’ Rights Act, 2001
Recognizes community rights over indigenous medicinal plants.
Traditional Knowledge Digital Library (TKDL)
Documented knowledge of Ayurveda, Siddha, Unani to prevent biopiracy.
2. Common Disputes in TMK
| Dispute Type | Example |
|---|---|
| Biopiracy | Unauthorized patenting of traditional formulations |
| Misappropriation | Multinational companies commercializing TMK without benefit-sharing |
| Patent revocation | Patents challenged due to prior TMK disclosure |
| Access and benefit-sharing | Communities demand compensation for using indigenous knowledge |
| Cultural misrepresentation | TMK used in ways inconsistent with traditional practices |
3. Case Laws on Traditional Medicinal Knowledge Disputes
Case 1: Turmeric Patent Case – India v. USPTO (1997)
Facts:
US patent 5,401,504 granted to K.C. Kankanala and colleagues for use of turmeric in wound healing.
Turmeric had been used in Ayurvedic medicine for centuries.
Issue:
Can a patent be granted on already known traditional knowledge?
Judgment:
Patent was revoked after India submitted prior art evidence from TKDL.
Significance:
Landmark case against biopiracy.
Demonstrates importance of documenting traditional knowledge to prevent wrongful patents.
Case 2: Neem Patent Case – European Patent Office (2000)
Facts:
EPO granted a patent on neem tree extract for antifungal properties.
Issue:
Whether patenting TMK known in India violates novelty requirement.
Judgment:
Patent was revoked, as the antifungal use of neem was already disclosed in traditional Indian knowledge.
Significance:
Strengthened international efforts to prevent commercialization of TMK without consent.
Case 3: Basmati Rice Patent Case – RiceTec Inc. v. Indian Claim (US, 1997–2001)
Facts:
US company RiceTec patented Basmati rice lines.
Issue:
Whether Basmati rice can be patented when traditional Indian knowledge already existed.
Judgment:
Part of the patent claims were revoked, protecting Indian farmers’ traditional knowledge.
Significance:
Highlighted TMK protection in agricultural biodiversity.
Case 4: Hoodia Plant Case – South Africa and San People (2003)
Facts:
South African Council for Scientific & Industrial Research patented Hoodia cactus appetite suppressant.
Derived from knowledge of San indigenous community.
Issue:
Benefit-sharing with indigenous people.
Judgment:
Agreement signed ensuring royalties to San communities for commercial use of Hoodia.
Significance:
Landmark case for access and benefit-sharing based on TMK.
Case 5: Ashwagandha Patent Challenge – India v. USPTO (2001)
Facts:
US patent granted on Ashwagandha root extract for medicinal use.
Issue:
Can prior Ayurvedic knowledge challenge patent validity?
Judgment:
Patent revoked after TKDL evidence proved prior use in traditional medicine.
Significance:
Demonstrates how documented TMK can defend against wrongful patents.
Case 6: Rosy Periwinkle (Catharanthus roseus) Biopiracy – Madagascar & International Companies (1990s)
Facts:
Alkaloids from Rosy Periwinkle were commercialized for cancer treatment, without sharing benefits with local farmers and traditional healers.
Issue:
Lack of prior informed consent and benefit-sharing.
Outcome:
Led to international pressure and recognition of indigenous rights in benefit-sharing agreements.
Significance:
Illustrates need for legal frameworks like Nagoya Protocol to protect TMK.
Case 7: Sarpagandha (Rauwolfia serpentina) Dispute – India & US Companies
Facts:
Alkaloids from Rauwolfia used in Ayurveda for hypertension.
US companies attempted to patent derivatives.
Issue:
Can patents be granted when TMK already disclosed medicinal properties?
Judgment:
Patents were challenged and revoked using prior art documentation from TKDL.
Significance:
Confirms importance of prior art in protecting TMK.
4. Principles Illustrated by These Cases
| Principle | Case Example | Takeaway |
|---|---|---|
| Prevention of biopiracy | Turmeric; Neem; Ashwagandha | TMK can block wrongful patents |
| Prior art documentation | TKDL submissions | Critical to defend TMK internationally |
| Benefit-sharing | Hoodia | TMK commercialization must involve community benefits |
| Agricultural TMK protection | Basmati; Rosy Periwinkle | TMK extends to plants and derivatives |
| International cooperation | Nagoya Protocol; Hoodia | Agreements needed for fair utilization |
| Revocation of patents | US & EU patent offices | TMK recognized as prior knowledge preventing patenting |
5. Practical Implications
Documentation of TMK:
Tools like TKDL help prevent misappropriation.
Patent Challenges:
TMK can be used as prior art to invalidate patents on traditional knowledge.
Benefit-Sharing Agreements:
Indigenous communities should receive royalties or compensation if TMK is commercialized.
Legal Awareness:
Researchers and companies must obtain prior informed consent (PIC) and comply with national/international laws.
Digital and Global Platforms:
Increasing globalization makes TMK disputes international, requiring multi-jurisdictional protection.
Traditional medicinal knowledge disputes emphasize the balance between innovation, community rights, and intellectual property laws. Cases like Turmeric, Neem, Basmati, Hoodia, and Ashwagandha showcase strategies to protect TMK, prevent biopiracy, and ensure fair benefit-sharing.
RELATED Blog
comments