Patent issues of INDIAPRAVIN D. SAPATE,

MPBT151713,MGM’s INSTITUTE OF BIOSCIENCES AND TECHNOLOGY,

AURANGABAD.

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OUTLINE

TERMINOLOGIES INTRODUCTION PATENT ISSUES• BASMATI• TURMERIC• DIAMOND V. CHAKRABARTY INDIA’S FOOTSTEP CONCLUSION

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TERMINOLOGIES

INTELLUCTUAL PROPERTY PATENT GEOGRAPHICAL INDICATIONS TRADITIONAL KNOWLEDGE PRIOR ART BIOPIRACY WTO TRIPS

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INTRODUCTION

India, unlike most developing countries, is gifted with wide range of biodiversity.

Indian culture utilizing this biodiversity from thousands of year which is documented in ayurveda.

This has generated traditional knowledge which passed from year to year, generation to generation.

Many developing countries still did not documented this valuable knowledge due to lack of awareness, its need, technology.

Developed countries like USA exploiting its scientific base, patenting it, making it their own property.

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It has caused great economic loss to developing countries.

E.g. Yoga positions, Neem case - INDIA, Apple case – Japan

Apple Vs Samsung case (South Korea).

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INDIA-US BASMATI DISPUTE

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Basmati – India’s Heritage Bas – aroma and Mati – earth [in Sanskrit]. Basmati is a slender, aromatic long-grain rice with

a nutty taste and delicate texture.

Basmati is originally

cultivated in INDIA and pakistan.

Major areas in India were

PUNJAB, HARYAYANA,

Himalayan regions.

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Characteristics of Basmati :-Seri

al No. Characteristics

Basmati(in-mm)

Basmati (Para

boiled)

Parmal(PR-106)

1 Average Length of uncooked rice 7.3 7.5 7.0

2 Average breadth of uncooked rice 1.9 1.9 2.1

3 Average L/B ratio of uncooked rice 3.8 3.9 3.3

4 Average length of cooked rice 8.9 8.9 5.6

5Average breadth of cooked rice 2.2 2.2 3.1

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Patent details

US PATENT NO. – 5663484 ORGNISATION – RICETEC INC., TEXAS,USA Scientist - Eugenio S. Surreal, John A. Mann,

James Edward Stroike, Robin D. Andrews PATENT FILED – 8 JULY 1994 PATENT GRANTED – 2 SEPT,1997 TOTAL CLAIMS – 20 RICE LINES DEVELOPED – 3 (Bas 867, RT1117,RT1121) RIGHTS ALLOTTED - Use of the term ‘basmati’,

- Proprietary rights on the seeds and grains from any crosses.

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Case

Commercial names for there rice – Texmati, Kasmati(before allowing patent).

Claims to overcome inherent deficiencies of “traditional Basmati” including photoperiod sensitive - long maturity period low-yielding disease - susceptible tall plant prone to lodging.

Ricetec crossed native American variety with basmati, and invented new rice lines.

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Claims of Ricetec Inc.

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Impact on Indian economy-i) Displacement of basmati exports from India and

Pakistan ;ii) Monopolization of basmati seed supplies ;iii) Research work involving basmati.

To tackle this, India formed committee comprises of ICAR, APEDA, CSIR, AIREA.

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India initially objected for following claims (Claim no.1,15 and 16)

a. Starch index = 27-35.b. Length = 6.2-8 mm, width = 1.6-1.9 mm, l/w= 3.5-

4.5 .c. Length increase in 75 to 150 % when cooked. d. Burst index= 1-4.e. 2 acetyle-L-pyrroline content =150-2000 ppb.

After its successful revocation, India again filed application for re-examination of other claims.

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US National agricultural services (1998) states that-"Almost 75 per cent of the US rice imports are the Jasmine rice from Thailand and most of the remainder are from India and Pakistan, varieties that currently cannot be grown in the US."

An Indian company Khushi Ram Behari Lal Ltd., in their profile, claim that four generations of the family have been in the rice business since 1889.

This further supports the argument that Basmati has existed in India and Pakistan for centuries and as such cannot be patented by the US.

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Finally USPTO, on 14 august 2001, accepted India's challenge and changed 15 claims (claims 1-7, 12 to 20).

Same case was fought by India with countries like UK, brazil, Greece, Colombia and successfully revoked.

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TURMERIC CASE

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Importance to INDIA

Turmeric (Curcuma longa) is a perennial plant, which is native to the tropical regions of Southern Asia.

It is a plant that is frequently used in regional cooking as well as having a central place in Ayurvedic and Chinese medicine to treat various ailments.

Its use within the medicinal field has been found to help against among other things inflammations, digestive disorders, liver diseases and cancer.

It is also indefinite part of Indian kitchen.

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Patent details

US patent no. – 5401504 Organization – University of Mississippi

Medical Center Scientist - Suman K. Das and Hari Har P. Cohly Patent filed – December 18, 1993 Patent granted - March 28, 1995 Claims – Use of turmeric in wound healing Rights allotted - To sell and distribute

turmeric .

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Case

The patent claimed that the administration of an effective amount of turmeric locally and orally to enhance the wound healing process.

Council of scientific and industrial research (CSIR), India filed an application for reexamination of patent on the basis of evidence of “prior art”. (in 1996)

Total 32 reference given by CSIR and literature from Ayurvedic and other historic sources stating its use as medicine.

University agreed to stepped back.

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Prior art in URDU

21Prior art in ENGLISH

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University again challenged by stating“The powder and paste had different physical properties, i.e. bio-availability and absorbability, and therefore, one of ordinary skill in the art would not expect, with any reasonable degree of certainty, that a powdered material would be useful in the same application as a paste of the same material. The inventors, further, mentioned that oral administration was available only with honey and honey itself was considered to have wound healing properties.”

Again in 1997, USPTO rejected the application stating that both powder and paste has the same effect on wound healing.

Finally the case was OVER.

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Dr. Raghunath Mashelkar, former Director of CSIR,

1996-2007

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Diamond v. ChakrabartyCase

Ananda Mohan Chakrabarty

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Patent details

US patent No. – 4259444 Organization – General Electric Scientist- Ananda Mohan Chakrabarty Patent filed -7 June,1972 Patent Granted – 31 March, 1980 Product - Pseudomonas putida Claims –The method of producing the

bacterium.-An inoculums composed of a carrier material and the bacterium.

-The genetically engineered bacterium itself.

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Need arises due to……

Petro-chemical industries has a big issue after them “How to recycle or process waste oil?”

They came to know about some bacterial strains which having that ability.

These strains degrade hydrocarbons from oils and convert it to useful product that is edible for fishes and other marine organisms.

They tried the different mixture of these strains but none of them found much effective to degrade oil spills.

This may be due surveillance, hydrocarbon specificity, environmental conditions.

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What Chakrabarty done????? He developed this bacterium by engineering a way

for multiple plasmids, each of which is able to break down different hydrocarbon components of the crude oil, to be incorporated into a single bacterium.

This genetically engineered bacterium was capable of breaking down oil spills at a much faster rate than naturally occurring bacteria.

As importantly, it was not affected by varying environmental conditions.

Targeted hydrocarbons :- Camphor, octane, salicylate, naphthalene.

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Case

Two claims accepted but the main issue is on 3rd claims which is on “Genetically engineered Bacteria”.

USPTO rejected stating that “natural living organism are not patentable” under Section 101 of Title 35 U.S.C.

Then Chakrabarty and his team decided to go to US court.

The question before the Court was whether the claimed microorganism constituted a “manufacture” or “composition of matter” within the meaning of the US Patent Act.

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The Supreme Court disagreed, deciding by a five-to-four majority that a patent may be obtained on “anything under the sun that is made by man.”

USPTO forced to change there rule and grant patent to Chakrabarty.

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INDIA’S footstep:-

India has initiated an attempt to document traditional knowledge in written as well as electronic form by means ofPeople’s Biodiversity Registers (PBR):- Foundation for Revitalization of Local Health

Traditions (FRLHT) and supported by the Centre for Ecological Sciences (CES).

To build an open and transparent information system on biodiversity resources from the village level upwards.

To promote the sustainable management of biodiversity resources.

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Traditional Knowledge Digital Library (TKDL):- Controller General of Patents, Design and Trade

Marks; CSIR through its National Institute of Science Communication And Information Resources (NISCAIR); and Department of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homeopathy (AYUSH).

Translate Indian traditional knowledge originally available in native Languages to five international languages namely English, French, German, Spanish and Japanese.

Access to ‘prior art’ to international patent offices.

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http://nbaindia.org/content/105/30/1/pbr.html

http://www.tkdl.res.in/

INDIA is the only country in the world to have set

up an institutional mechanism.

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CONCLUSION

India is one of the huge markets for global investors, because of its great diversity and abundance of natural resources.

In the era of globalization, we, the citizens of India, must contribute to protect our this traditional knowledge.

It will bring huge amount of foreign exchange which will push Indian economy significantly.

This traditional knowledge can also be utilized for producing GMO’s.

So, our focus should be on more desired transgenic events to be patented.

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This might be future situation………

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ThanQ?????