Published online 18 February 2009 | Nature | doi:10.1038/news.2009.107
India
protects traditional medicines from piracy
Access to national database eases search for existing
treatments.
K.
S. Jayaraman
India
woke up to biopiracy after a turmeric-based cure was patented
in the United States.Punchstock
European patent examiners can now access India's massive
database on traditional remedies in order to ensure that
patents are not granted for treatments already used in Indian
systems of medicine. But critics say that the move, which
is intended to thwart piracy of traditional knowledge, may
backfire.
The
controversy centres on the Traditional Knowledge Digital
Library, a searchable database of more than 230,000 formulations.
Some 200 researchers took eight years to create the database
after scouring ancient texts on Indian systems of medicine
Ayurveda, Unani, Siddha and Yoga in Hindi,
Sanskrit, Arabic, Persian and Urdu. The database is available
in English, Japanese, French, German and Spanish.
Supporters
say that the agreement, reached this month with the European
Patent Office (EPO) in Munich, helps ensure that patents
aren't granted for drugs based on traditional knowledge.
"We are trying to establish the claim on traditional
cures," says Vinod Kumar Gupta, the database's group
leader at the Council of Scientific and Industrial Research
(CSIR) in New Delhi.
India
only woke up to biopiracy after an anti-fungal product derived
from the native neem tree received a patent in Europe in
1994, and a turmeric-based cure was patented in the United
States in 1995. India got both patents revoked after long
battles.
The
database, jointly owned by the CSIR and India's Ministry
of Health and Family Welfare, was set up to dissuade foreign
companies from patenting traditional medicines. But, with
government approval, commercial agreements could be negotiated
to make the library available to both foreign and Indian
firms in 34 years time.
Patent
potential
The agreement with the EPO marks a new stand on the issue
of biopiracy and is less aggressive than that taken by China,
which is filing patents on traditional medicines rather
than simply trying to avoid unreasonable patenting by others.
But critics say that the deal will make it easier for others
to profit from traditional medicines. Drug multinationals
can take leads from the database or tinker with formulations
to make them qualify for a patent, says Devinder Sharma,
a food- and trade-policy analyst based in New Delhi.
Gupta
insists that EPO officers can access the database only to
search and examine patents, and that they cannot disclose
the information to a third party. But Palpu Pushpangadan,
former director of the CSIR's National Botanic Research
Institute in Lucknow, says that the information is not necessarily
secure. "What is the guarantee that EPO officers will
keep it secret?" he asks.
Shamnad
Basheer, a patents expert at the National University of
Juridical Sciences in Kolkata, says that the database should
be made available to private parties at a cost. "After
all, there is no point in undertaking this massive exercise
only to prevent patents," he says.
"Right
now our aim is to ensure that patent offices reject applications
on cures contained in the database," says Gupta. "We
hope that if rejection takes place continuously for two
years, companies will stop filing patents and instead take
the legitimate route and approach us for access to database
on commercial terms."
The
Indian government is now in talks with the United States
Patents and Trademark Office for an access agreement similar
to the European one.