case study for turmeric, neem

1. Case Study: Curcuma (Turmeric) Patent

3. Introduction:

4. curcumin. Turmeric has been traditionally
used in various cultures for its therapeutic
benefits, and its patent raised concerns
regarding traditional knowledge
appropriation and the ethics of patenting
natural products.

6. Wisconsin Alumni Research Foundation
(WARF) for the use of turmeric in wound
healing and the treatment of inflammation,
respectively. These patents were based on
the discovery of turmeric's anti-inflammatory
properties, particularly attributed to its
active compound, curcumin.

8. properties of turmeric were already well-
known in traditional systems of medicine,
particularly in Ayurveda and traditional
Chinese medicine. The patents were seen as
attempts to monopolize knowledge that had
been in the public domain for centuries.

10. corporations or institutions for commercial
gain. Critics viewed the patenting of turmeric
as an example of bioprospecting without
adequate recognition or compensation for
the communities that had preserved and
transmitted the knowledge of turmeric's
medicinal use over generations.

12. Indian government challenged the U.S.
patent on turmeric, leading to its eventual
revocation in 1997. Similarly, the European
Patent Office (EPO) revoked the patent on
turmeric in 1999, acknowledging the prior art
and traditional knowledge surrounding its
medicinal properties.

14. misappropriation of natural resources for
commercial gain. It underscored the need for
robust legal frameworks, international
cooperation, and mechanisms for recognizing
and compensating indigenous and local
communities for their contributions to
scientific and medical knowledge.

16. pitfalls of patenting natural products and the
importance of respecting traditional
knowledge systems. It prompted discussions
on intellectual property rights, bioethics, and
the equitable sharing of benefits derived
from biodiversity and traditional knowledge.

19. Case study of Neem Patent

21. knowledge and biological resources. It
revolves around the attempt by multinational
corporations to patent the medicinal
properties of the neem tree, which has been
integral to traditional medicine and
agriculture in India for centuries.

23. multinational corporations for various
applications of neem, including as a pesticide
and for its medicinal properties. These
patents were based on the isolated
compounds found in neem, such as
azadirachtin, which have insecticidal and
anti-fungal properties.

25. Issues Raised:

26. down through generations in India. The
granting of patents on neem-based
inventions without proper recognition of this
traditional knowledge was seen as a form of
biopiracy, where indigenous knowledge is
exploited for commercial gain without
consent or compensation.

27. therapeutic and pesticidal properties. Critics
contended that the properties of neem and
its components were well-documented in
traditional texts and practices, rendering the
patents on neem-based inventions invalid
due to lack of novelty and non-obviousness.

29. In 1995, the Indian government filed a
challenge against the US patent granted to
W.R. Grace for the use of neem as a fungicide
and anti-feedant. The case garnered
significant attention and support from
activists, scientists, and civil society
organizations.

30. neem, acknowledging the prior art and
traditional knowledge surrounding its
pesticidal properties. Similarly, the EPO
revoked patents related to neem in 2005,
recognizing the traditional use of neem in
Indian agriculture and medicine.

32. biological resources from misappropriation
through the patent system. It highlighted the
need for robust legal mechanisms and
international cooperation to prevent
biopiracy and ensure the equitable sharing of
benefits derived from traditional knowledge
and biodiversity.

34. property rights, particularly in the context of
traditional knowledge and biodiversity. It
sparked global discussions on biopiracy,
indigenous rights, and the ethical
considerations of patenting natural
resources, leaving a lasting impact on
intellectual property law and policy.

37. Case study of Basmati patent.

39. agricultural products and the protection of
geographical indications. It centers around
attempts by a multinational corporation to
patent a strain of Basmati rice and market it
as a unique invention, leading to concerns
about biopiracy and the misappropriation of
traditional knowledge and cultural heritage.

41. and Trademark Office (USPTO) for a strain of
rice with characteristics similar to traditional
Basmati rice. The patent covered several
traits, including long grains, aroma, and
cooking properties, which are characteristic
of Basmati rice grown in the Indian
subcontinent.

43. Issues Raised:

44. is deeply intertwined with the cultural and
culinary heritage of the region. The granting
of a patent to RiceTec for a strain of rice
resembling Basmati raised concerns about
the misappropriation of traditional
knowledge and genetic resources without
proper recognition or compensation.

45. conditions that contribute to the rice's
distinctive aroma and flavor. The patenting of
Basmati-like rice by RiceTec threatened the
integrity of Basmati as a geographical
indication and raised questions about the
protection of cultural heritage and traditional
agricultural practices.

47. diaspora worldwide. The Indian government,
along with farmers' organizations and civil
society groups, launched legal challenges and
initiated diplomatic efforts to revoke the
patent and protect the interests of Basmati
growers and consumers.

48. patent, narrowing its scope to exclude
certain traditional Basmati characteristics.
However, concerns remained about the
broader implications of the patent for the
protection of geographical indications and
traditional agricultural knowledge.

50. agricultural products and geographical
indications from misappropriation through
the patent system. It underscored the need
for robust legal frameworks, international
cooperation, and public awareness to
safeguard the rights of farmers, indigenous
communities, and consumers.

52. biodiversity, and cultural heritage. It spurred
discussions on the ethical considerations of
patenting traditional knowledge and the
importance of preserving and promoting
sustainable agricultural practices and cultural
diversity.