This article has been written by Ms. Manisha Rahman , a LL.B. 3 years student of J.B. Law College, Guwahati Assam.
ABSTRACT
Intellectual Property Rights (IPR) consideration is an important aspect when it comes to traditional medicine such as Ayurveda, Unani and Siddha medicine. Traditional medicine refers to the knowledge, skills and practices based on the theories beliefs and experiences of non indigenous cultures as well as indigenous cultures. Traditional medicine often involves the use of natural resources and traditional knowledge passed down through generations. It is essential to Protect and recognize the Intellectual Property Right related to traditional medicine for several reasons such as Preservation of traditional Knowledge relating to Ayurveda, Unani and Siddha medicine Promoting fair benefit sharing, encourage innovation and research and prevent biopracy.
Key words: Traditional Medicine, Ayurveda, Intellectual Property Rights, Traitional Knowledge
Introduction
Traditional medicine has been an integral part of many cultures for centuries. Ayurveda, Unani, and Siddha are three prominent traditional systems of medicine that have been practiced in India for generations. These systems have not only contributed to the health and well-being of people but also hold valuable knowledge that has been increasingly considered under the realm of Intellectual Property Rights (IPR).
In this article, we will explore how IPR considerations intersect with these ancient systems of medicines Ayurveda, Unani, and Siddha – An Overview
Traditional medicine
It is a collective term for different types of traditional medicinal system practiced in Asia for example Ayurveda of Indian Subcontinent, Siddha of south India and Unani of Greek or Persian traditions. Ayurveda ,Unani and siddha are ancient system of medicine that have their roots in India. Ayurveda focuses on balancing the body,mind and spirit through natural remedies , diet lifestyle modification and therapeutic practices. Ayurveda often referred to as the Science of Life is a holistic system of medicine that has its roots in the Indian subcontinent. It focuses on the balance of doshas mainly (Vata, Pitta, and Kapha) to maintain health and treat diseases. On the other hand Unani medicine influenced by ancient Greek and Persian traditions, emphasizes the balance of the four humors such as Dam (blood), Balgham (phlegm), Safra (yellow bile), and Sauda (black bile) and uses natural substances for healing. Unani medicine also known as Yunani Tibb is mainly based on the teachings of Hippocrates and Galen and has been practiced in India for centuries. It utilizes a combination of herbal remedies, diet, and regimental therapy to maintain health and treat illnesses. Siddha medicine which is rooted in tamil culture utilizes herbs minerals and to promote well being. Siddha medicine is one of the oldest systems of medicine in India which is believed to have originated in the Tamil region. It is a spiritual system of medicine that Incorporates herbs, minerals, and meditation techniques. Siddha medicine is based on the concept of maintaining equilibrium in the body’s elements and is deeply connected to spiritual practices. According to the World Health Organization (WHO), traditional medicine is the total sum of the knowledge skills and practices indigenous and different cultures have used over time to maintain health and prevent and treat physical and mental illness. Some traditional medicine are supported by huge volumes of literature and other pass down these skills from generation through verbal teaching.
Importance of intellectual Property Rights on traditional medicines.
Growing awareness of traditional medicines and formulations has led to several conflicts with western Pharmaceutical companies who are taking the lead from traditional medicines and Patenting them in their own name. As these traditional medicine gain recognition and acceptance worldwide, the need to protect their intellectual property encompassing the rights relating to the creation of the mind, including inventions literary and artistic works, symbols, name sand images used in commerce. It provides a legal framework for creators, inventors and knowledge holders to protect their innovations and prevent unauthorized use or exploitation. It is observed that the increased use of traditional medicines
Such as Ayurveda, Unani and Siddha medicines in various countries throughout the entire world prompted the WHO (World Health Organization) to promote the integration of various traditional medicines, complementary medicines and alternative medicines into the national health care systems of various countries for the proper development of national policies and required regulations as essential indicators of the level of integration of such medicines within the respective national health care system of the various countries.
In the modern world although the use of traditional medicinal products and supplements has increased tremendously under the therapies involving these agents have shown better results but still many of them have remained untested and their use have been poorly monitored or not even monitored at all which results in inadequate knowledge of their actual mode of actions and potential adverse reactions.
Thereafter as the safety issue is one of the major issue for all those persons using these remedies it becomes absolutely necessary for the relevant regulatory authorities of the world and the respective countries as well to implement appropriate measures to safeguard the public health by ensuring that the traditional medicines are safe and suitable to the persons using them. Intellectual Property Rights (IPRs) can be defined as legal rights established over creative or inventive ideas which allows the right holders to exclude any unauthorised commercial use of their creations and inventions by any third persons.
Intellectual Property Rights (IPR) Considerations
The knowledge and practices embedded in Ayurvedic, Unani, and Siddha medicine have raised IPR concerns in recent years. Here are some key considerations:
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Traditional Knowledge Protection:
The protection of traditional knowledge, especially related to medicinal plants and formulations, is a primary concern. India, along with other nations, has been actively seeking ways to safeguard this Knowledge from unauthorised commercial use. Ayurvedic, unani and siddha medicine relies on centuries-old knowledge. Protecting this knowledge from misappropriation is essential. IPR mechanisms, like patents, can be used to prevent others from claiming ownership over traditional remedies.
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Patent Disputes:
Disputes have arisen when foreign entities have attempted to patent traditional medicinal formulations. India has challenged such patent by providing evidence of prior art and traditional uses. When seeking patents for Ayurvedic, unani and siddha medicine formulations, it’s
important to establish the “novelty” of the invention. Ayurvedic texts and traditional knowledge may serve as prior art to challenge patents that claim traditional Ayurvedic remedies as new inventions.
- Geographical Indications Protection: Ayurvedic products often have specific geographical origins that contribute to their quality and reputation. Geographical indication can protect these regional identities and prevent unauthorized use. Dishonest use of Geographical indications by unauthorized parties is detrimental to consumers and legitimate producers.
- Copyrights: Texts, manuscripts, and literature related to Ayurvedic, Unani and Siddha medicine can be copyrighted to protect against unauthorized reproductions or translations.
- Traditional Knowledge Digital Libraries: Many countries have created digital libraries to document and preserve traditional knowledge. These repositories can serve as evidence of prior art in Intellectual Property Rights disputes.
- Collaborations and Research: Collaboration between traditional practitioners and modern researchers can help protect and advance Ayurvedic,Unani, Siddha medicine knowledge while respecting Intellectual Property Rights .
- Access and Benefit Sharing : This concept emphasizes equitable sharing of benefits from the commercial use of traditional knowledge, ensuring that the communities and individuals who preserve this knowledge receive fair compensation. Traditional medicine often deeply intertwined with cultural heritage and beliefs. Respecting and acknowledging this cultural significance is essential when considering their place in modern healthcare.
- Sui Generis Systems of Protection: Sui generis is a latin term which means “a special kind ”. In Intellectual Property rights discourse the term refers to the special form of protection regime outside the framework because of the difficulties identified above in the application of intellectual property to traditional knowledge including traditional medicine such as Ayurvedic, Unani , Siddha medicines there have been calls for the establishment of a sui generis system for the protection of traditional knowledge. Given the present state of understanding of traditional knowledge and the applicability of intellectual property to its protection , It is premature to suggest that proceeding with the negotiations on an international sui generis
system for the protection of traditional knowledge. In this respect the statement by the Government of India that Some experts suggested that a sui generis system separate from the existing Intellectual Property Right should be designed to protect knowledge, innovations and practices.
Cases
In the turmeric Patent case:
The root of the turmeric plant (Curcuma longa) has long been used in Asian societies in cooking, cosmetics, and medicine. In traditional Indian Ayurvedic Medicine it is used to treat anemia, asthma, burns, conjunctivitis, dental problems, diabetes, diarrhea, pain, and many other ailments. In recent years, turmeric has attracted the attention of mainstream medical community as well. In the year 1995, two Indian scientists at an American university received a
U.S. patent for a method of using turmeric to treat wounds. In response to a challenge filed by an Indian research organization, the patent was overturned in 1997. This event is frequently billed as the first case of successfully reversing a biopiracy patent .
In India, the turmeric case eventually opened up the path to the creation of Traditional Knowledge Digital Library namely, an electronic database of traditional knowledge in the field of medicinal plants. Its main aim is to prevent the patenting of existing knowledge. Such a database would enable the patent officers all over the world to search and examine any prevalent use and thereby prevent incorrect grant of patent based on knowledge in public domain. The international acceptance of the Traditional Knowledge Digital Library project is also promising .
Neem Patent case:
The neem tree (Azadirachta indica) is mentioned in Indian texts written more than 2 000 years ago. Products made from it have many uses, including for human medicines, cosmetics, insect repellent, and fungicide. Indian farmers traditionally soaked neem seeds in water and then sprayed the emulsion on their plants. Western businessmen were attracted to neem seeds because, unlike most chemical pesticides, it has few damaging side effects. There are many patents on neem products, in India and as well as in the United States and Europe. In 1993, P.J. Margo Private Ltd. began producing and marketing neem biopesticides in India. Public demonstrations broke out against this venture, and a collection advocacy groups joined together in 1995 to challenge the European and U.S. patents on the grounds that the product and process was not novel, Indians had been using neem products in the same fashion for centuries. The European Patent Office revoked the patent in Europe.
Conclusion
The growing awareness of the various traditional medicinal systems of the world has led the powerful and wealthier pharmaceutical companies of the world to go on for Patenting various Ayurvedic, Unani and Siddha medicine in there own name and brand in a deceitful manner through fake documents. Therefore in order to protect the traditional knowledge and the natural resources of the entire world from unethical practices, we need to properly formulate and implement the Intellectual Property Rights to protect and increase the production of traditional medicines including the Ayurvedic medicines developed from medicinal herbs in the developing and underdeveloped countries of the world to eradicate their poverty and help them to maintain a proper balanced life.
Intellectual Property Right considerations are important for the development, promotion, and protection of Ayurvedic, Unani, and Siddha medicines. They help in preserving traditional knowledge, innovation, and ensuring the quality and safety of these medicines. It is important for practitioners, manufacturers, and policymakers to understand and address these considerations to harness the full potential of traditional systems of medicine. Last but not the least Intellectual Property Rights (IPR) considerations are of utmost importance in the context of Ayurvedic, Unani, and Siddha medicines. These traditional systems of medicine have a rich heritage and unique knowledge that needs to be protected, promoted, and utilized in a responsible manner. The protection of Traditional Knowledge relating to Ayurvedic,Unani and siddha medicine patenting of medicinal formulations, Geographical Indication protection, trademark protection, and regulatory compliance are all significant aspects of IPR considerations in this field. By addressing these considerations, we can ensure that the preservation, innovation, and quality of Ayurvedic, Unani, and Siddha medicines for the benefit of society at large and the sustainable development of traditional medicine practices.
REFERENCES
WHO, WHO Traditional Medicine Strategy 2002-2005 Geneva : World Health Organization (2002).
WIPO, Intellectual Property needs and expectations of traditional Knowledge holders, Geneva: World Intellectual Property Organizations, 2001.
Dutfiled, G., Intellectual Property Rights, Trade and Biodiversity. Eathscan Publications Ltd, London, (2000).
https://vajiramandravi.com https://hilarispublisher.com/traditional medicine https://ijarsct.co.in/paper 2070.pdf www.wipo.int/traditional knowledge
www.civilsdaily.com /story/ayush-indian-medicine-system https://www.iiprd.com
https://www.mondaq.com https://lisedunetwork.com