Ipr In Alternative Medicine Innovations.
IPR IN ALTERNATIVE MEDICINE INNOVATIONS
1. Meaning of Alternative Medicine
Alternative or traditional medicine includes:
Ayurveda
Yoga
Unani
Siddha
Traditional Chinese Medicine
Herbal and folk medicine
These systems rely on community knowledge, ancient texts, and natural resources, which creates tension with modern Intellectual Property Rights (IPR) that are based on:
Individual ownership
Novelty
Inventive step
FORMS OF IPR RELEVANT TO ALTERNATIVE MEDICINE
(a) Patents
Patents protect new inventions, but most traditional medicine:
Is already known
Exists in ancient texts
Lacks novelty
Hence, patents are often rejected unless there is:
A new formulation
A new process
A new therapeutic application proven scientifically
(b) Geographical Indications (GI)
Protect medicines linked to a specific region, e.g.:
Arishtams
Herbal formulations tied to geography
(c) Trademarks
Brand names of herbal medicines (e.g., Chyawanprash brands).
(d) Traditional Knowledge Protection
India uses:
Traditional Knowledge Digital Library (TKDL)
Defensive protection (preventing wrongful patents)
MAJOR CHALLENGES
Biopiracy
Misappropriation by foreign companies
Lack of documentation earlier
Conflict between public domain knowledge and private monopolies
IMPORTANT CASE LAWS (DETAILED)
1. Turmeric Patent Case
(Council of Scientific and Industrial Research v. US Patent Office)
Facts
A US patent was granted to two researchers for the use of turmeric in wound healing.
Turmeric had been used in Indian households and Ayurveda for centuries.
Issue
Can traditional knowledge be patented as a “new invention”?
Decision
The patent was revoked.
CSIR proved prior art using:
Ancient Sanskrit texts
Traditional practices
Reasoning
The use of turmeric for wound healing lacked novelty.
Knowledge already existed in the public domain.
Significance
Landmark victory against biopiracy.
Triggered creation of TKDL.
Established that traditional medicinal knowledge = prior art.
2. Neem Patent Case
(Neem Foundation v. European Patent Office)
Facts
A European patent was granted for a fungicidal formulation derived from neem seeds.
Neem had been used in India for pest control for generations.
Issue
Whether modifying a traditional process slightly can qualify as an invention.
Decision
Patent was revoked.
Reasoning
The process was not inventive.
Traditional use was well documented.
Mere refinement of known knowledge does not meet patentability standards.
Impact
Strengthened India’s stance on protecting indigenous medicinal plants.
Reinforced that traditional agricultural and medicinal practices cannot be monopolized.
3. Basmati Rice Case
(RiceTec Inc. v. Indian Farmers / Government of India)
Facts
US company RiceTec obtained a patent for certain varieties of “Basmati rice”.
Basmati has centuries-old cultivation history in India.
Issue
Can a company claim exclusive rights over a traditional biological resource?
Decision
Several patent claims were withdrawn or cancelled.
Reasoning
Basmati is a collective heritage of Indian farmers.
The patent attempted to misappropriate traditional agricultural knowledge.
Relevance to Alternative Medicine
Set precedent for biological resources used in herbal medicines.
Emphasized community rights over traditional innovations.
4. Aloe Vera Patent Dispute
(Revocation before patent authorities)
Facts
Patents were sought for medicinal formulations using Aloe Vera.
Aloe Vera is traditionally used in Indian and other traditional medicine systems.
Issue
Whether isolating or processing a known medicinal plant makes it patentable.
Outcome
Patents were rejected or narrowed.
Reasoning
Use of Aloe Vera for skin and digestive ailments was already known.
Lack of inventive step.
Importance
Reinforced that plant-based traditional remedies need genuine innovation for patent protection.
5. Traditional Knowledge Digital Library (TKDL) Cases
(Not a single case, but multiple oppositions)
Facts
India used TKDL to challenge hundreds of patent applications globally related to:
Yoga postures
Herbal formulations
Ayurvedic medicines
Outcome
Hundreds of patent applications were:
Withdrawn
Rejected
Amended
Legal Principle Established
Digitally documented traditional knowledge can be used as prior art.
Language translation (Sanskrit → English, German, Japanese) was key.
Impact
Major defensive protection mechanism.
Reduced biopiracy drastically.
6. Yoga Asanas Patent Controversy
Facts
Attempts were made internationally to patent specific yoga postures and sequences.
Yoga is an ancient Indian discipline.
Issue
Can physical practices rooted in traditional knowledge be patented?
Position Taken
India opposed such patents using TKDL.
Reasoning
Yoga asanas are:
Traditional knowledge
Part of cultural heritage
Not novel inventions
Significance
Reinforced non-patentability of traditional health practices.
Protected holistic medicine systems from commercialization abuse.
OVERALL IMPACT OF THESE CASES
Strengthened protection of traditional medicine
Established prior art doctrine for indigenous knowledge
Balanced innovation with public interest
Encouraged documentation of traditional medicine
Prevented monopolization of ancient healing systems
CONCLUSION
IPR in alternative medicine requires a delicate balance:
Protect genuine innovation
Prevent biopiracy
Preserve community knowledge
Indian case laws clearly show that:
Traditional medicine is a shared heritage
Innovation must be scientifically novel
Documentation is key to protection
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