Presents in short the important details of the Turmeric patent dispute case.

1. Turmeric Patent Dispute
Patent Biopiracy
-Devyani Joshi

2. • Turmeric is a tropical herb
grown in East India.
• Turmeric powder has a
distinctive deep yellow color
and bitter taste.
• It is used as a dye, cooking
ingredient, litmus in a
chemical test and for
medicinal purposes.

3. Issue of a Patent
• A U.S. patent (no.5,401,504)
on turmeric was awarded to
the University of Mississippi
Medical Centre, in May 1995,
specifically for the “Use of
turmeric in wound healing.”

4. Awaken to Intellectual property
right
• The patent was promptly
challenged by Dr. R. A.
Mashelkar, as Indian
scientist who has done
much to awaken India to
intellectual property rights
issues.
Director general of Council of Scientific and Industrial
Research (CSIR)
(1995-2006)

5. • In India where turmeric has been used medicinally for
thousands of years, concerns grew about the
economically and socially damaging impact of this legal
biopiracy.
• CSIR argues that turmeric has been used for thousands
of years for healing wounds and rashes and thus its
medicinal use was not a novel invention.
• Their claim was supported by the documentary evidence
of traditional knowledge, including ancient sanskrit text
and paper published in 1953 in the Journal of Indian
Medical Association.

6. The case
• US patent 5401504 granted : May 1995
• CSIR request for re-examination at USPTO : October 1996
• 1st office action rejecting all patent claims : March 1997
• Response by patentee
• Second action report
• Patentee’s interview with examiner
• Re-examination certificate issued and
proceedings concluded in favor of CSIR : April 1998

7. Prevention of further cases
• CSIR India, is directing a creation of
a massive data base that will record
all the practical ideas proposed in
Indian knowledge systems.
• Once created, it will deny any bio-
pirates on the basis of prior
knowledge of their use having
existed.