Patenting of Indian Medicinal plants and Products

Patenting of Indian Medicinal plants and Products

Written by Bhaviya Singh

Introduction

India is renowned for both its vast body of knowledge in traditional medicine systems such as Ayurveda, Unani, and Siddha, as well as its abundant biodiversity. Indian medicinal herbs have been utilized for ages to treat a wide range of illnesses and conditions. Research and commercialization of Indian medicinal plants have become profitable due to the growing global interest in herbal and natural therapies. The patenting of these plants and goods made from them, however, has sparked discussions about biopiracy, intellectual property rights, and the preservation of traditional knowledge.

Patenting and Indian Medicinal Plants

The Concept of Patenting

An inventor who receives a patent is awarded exclusive rights to use, manufacture, and sell their creation for a predetermined amount of time. When it comes to medical plants, patents may be pursued for innovative methods of obtaining therapeutic ingredients, creating fresh formulations, or creating bioactive substances. However, innovations must be new, obscure, and useful in industry in order to be protected by patent law.

Traditional Knowledge and Biopiracy Concerns

The overlap with traditional knowledge presents one of the biggest obstacles to the patenting of Indian medicinal herbs. A large portion of India’s medical knowledge is passed down through the generations rather than being formally recorded. This has resulted in “biopiracy” lawsuits, in which foreign businesses or individuals patent ideas or plant-based goods that are customarily used by native populations. One well-known instance is the foreign companies’ patenting of turmeric and neem, which sparked court battles to have the patents revoked.

The Indian Legal Framework

1. The Indian Patents Act, 1970

India’s patent laws have developed to safeguard innovators’ rights as well as traditional knowledge. The foundational legislation enabling patenting in India is found in the Patents Act of 1970, which has undergone multiple amendments, most notably in 2005. Nonetheless, some categories are not eligible for patentability under Section 3 of the Act, specifically:

Section 3(p) prohibits patents on traditional knowledge, meaning that innovations directly derived from public knowledge (like Ayurveda) cannot be patented.
Section 3(j) prevents patents on plants and animals, including seeds, varieties, and species, safeguarding indigenous biodiversity.

2. Traditional Knowledge Digital Library (TKDL)

India created the Traditional Knowledge Digital Library (TKDL) as a defensive measure to prevent biopiracy. The TKDL is a comprehensive database of traditional medicinal knowledge, documenting formulations and uses in various Indian languages. It aims to prevent the patenting of traditional knowledge by providing evidence of prior art (knowledge already available in the public domain).[2]

The Role of TRIPS Agreement

India is a party to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which requires nations to grant patents for inventions pertaining to both processes and products, including biotechnology. Nonetheless, TRIPS gives member nations the freedom to tailor their legal frameworks to suit their own national needs. This promotes the protection of novel biotechnological ideas while allowing India to keep its patent law exclusions for plant varieties and traditional knowledge.

Case Studies

1. The Neem Case

The neem tree, which has been used for medical purposes, sparked debate around the world after a U.S. business was given a patent for its antifungal qualities. Scientists and campaigners from India contested the patent, claiming that the benefits of neem have been understood for generations in that country. The patent was eventually withdrawn by the European Patent Office due to a lack of originality.

2. Turmeric Patent

Similarly, the common spice turmeric, which has been used medicinally, was patented in the United States because to its ability to heal wounds. Indian researchers contested the patent by presenting proof that turmeric has been used for thousands of years to heal wounds in India. The patent was revoked by the USPTO after it was determined that prior art existed.

Challenges in Patenting Medicinal Plants

1. Defining Novelty and Inventiveness

One of the biggest hurdles in patenting medicinal plants is proving novelty and inventiveness. Many plant-based remedies, especially in India, are based on centuries-old traditional knowledge, which makes it difficult to claim that a process or formulation is novel. Even slight modifications of traditional remedies might not pass the test of inventiveness.

2. Access and Benefit Sharing (ABS)

The Nagoya Protocol under the Convention on Biological Diversity (CBD) promotes the fair and equitable sharing of benefits arising from the use of genetic resources. Companies seeking to patent products derived from Indian medicinal plants must comply with ABS guidelines, which include compensating the indigenous communities that hold traditional knowledge about these plants. This creates a legal framework to prevent the exploitation of local knowledge without proper compensation.

3. Protection of Indigenous Rights [3]

Protecting the rights of indigenous communities is another major issue. While patent laws aim to encourage innovation, they should not disregard the collective knowledge of communities that have used medicinal plants for generations. Indian laws must balance the need to promote innovation while safeguarding the intellectual property of indigenous peoples.

Conclusion

Intellectual property rights, traditional knowledge, biopiracy, and biodiversity conservation all pose complicated challenges to the patenting of Indian medicinal plants. The TKDL and strict patent rules are just two examples of the strong safeguards India’s legal system offers to preserve its rich legacy, but ongoing attention is still required to stop the exploitation of indigenous knowledge. In order to ensure that the advantages of medicinal plants are distributed fairly and responsibly, a balance between preserving traditional knowledge and encouraging innovation must be achieved.