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EU to protect India's traditional knowledge
GIREESH CHANDRA PRASAD
http://economictimes.indiatimes.com/articleshow/msid-1111159,prtpage-1.cms
TIMES NEWS NETWORK MONDAY, MAY 16, 2005 01:36:30 AM]

NEW DELHI: The European Patent Office (EPO) has, in principle, agreed to make a 
conscious effort to block anyone from stealing patents on India’s traditional 
knowledge in medicine. This will ensure that instances like the patenting of 
turmeric’s medicinal property in the US, does not occur in the 30-member 
superstate. India had, earlier, spent $ 6 million to bust the US patent on 
turmeric.

A non-disclosure agreement between the union science and technology ministry 
and the EPO is expected soon, which will give EPO access to a digital database 
of at least 136,000 traditional Indian medicines. EPO will protect this 
highly-valuable information and refer it routinely while reviewing patent 
applications where the innovation is of botanical origin.

This would make it easy for the EPO to reject patent requests where 
centuries-old knowledge is passed off as innovation.

The National Institute of Science Communication and Information Resources 
(NISCIR) under the science and technology ministry is developing the nearly 
one-crore page digital database of Ayurveda, Sidha and Unani medicines.

This project of the Department of Ayurveda, Unani, Sidha, Homoeopathy and Yoga 
(Ayush) has been approved by the Department of Industrial Policy and Promotion 
(DIPP) and the draft agreement is now being vetted by the law ministry.

NISCIR is representing the government in negotiations with various patent 
offices including those in the US, UK, Japan and Sweden. Once the agreement 
with the EPO is signed, it will be able to strongly persuade the US patent 
office, which, according to a 2003 study, has inappropriately granted nearly 
380 patents involving India’s traditional knowledge and biological resources.

Such individual agreements with national patent offices is an interim 
arrangement till India is able to persuade the member nations of the World 
Intellectual Property Organisation (WIPO) to agree for a legal framework to 
protect traditional knowledge and biological resources, said an official.

Protecting traditional knowledge and biological resources is not in the purview 
of the patent system, which provides incentives only for innovation.

This is addressed by the Convention on Biodiversity. India has, however, made 
non-disclosure of the biological source of an innovation a ground for rejecting 
a patent. It wants other countries to follow suit. India is expected to make a 
major push for this framework at WIPO’s coming June meeting in Geneva.
©Bennett, Coleman and Co., Ltd. All rights reserved


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