Is India losing its traditional knowledge to biopiracy?

Recently, when American multinational Natreon Inc tried to patent Ashwagandha or Indian Ginseng (being used in India since 12th century), Indian authorities foiled the attempt giving rise to a debate on biopiracy.

Biopiracy denotes a practice where commercial
firms (of developed nations) patent and claim ownership of traditional knowledge (of developing nations).

Releasing a compilation of 5000 biopiracy patents here today, noted environmentalist Vandana Shiva urged the government to stop the ''theft'' of the country's intellectual property.

The list includes Cutch Tree (Khaira in Hindi, useful in treating Melancholia, Conjuctivitis and Haemoptysis), Holy Fruit Tree (Bel in Hindi, useful in treatment of Diarrhoea, Dysentry and swellings), Greater Cardomom (Badi Ilaichi in Hindi, used as a digestive), Pineapple (Ananas in Hindi, used to treat ulcers, Jaundice, fever and sexually transmitted diseases) and Areca Nut (Supari in Hindi, used to treat anorexia and indigestion).

Dr Shiva said the Trade Related Intellectual Property Rights Agreement (TRIPS) of World Trade Organisation needed an immediate review.

Article 27.3 (b) of TRIPS allows members to exclude plants and animals from patentability but not micro-organisms.

It also permits members to exclude essentially biological processes for production of plants and animals but not non-biological or microbiological processes.

''The review of this agreement has been stalled since 11 years which is allowing monopolisation of plant diversity wealth,'' she said.

''The government should join the efforts of countries like Bolivia, Columbia and Ecuador and make this a big issue to protect the indigenous knowledge of local farming communities and indigenous people,'' she added.

The Bolivian government has demanded that patenting of all life-forms including plants, animals, gene sequences, microorganisms and processes for the production of life forms including biological, non-biological and microbiological should be prohibited.

''You can patent something you invent. But a fact like Neem is good for the gums is no invention. It is conventional knowledge which cannot be patented,'' Ms Shiva felt.

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