it’s so delightful to read those two areas of law in a single news article. The ACLU is suing to invalidate a patent on a gene. Yaay Chris Hansen. (Psst. They’re also patenting algorithms and business methods and even tax strategies.)
It’s great to see more info about the rumored the Traditional Knowledge Digital Library — which will publish India’s traditional knowledge:
Indian scientists say the country has been a victim of what they describe as “bio-piracy” for a long time.
“When we put out this encyclopaedia in the public domain, no one will be able to claim that these medicines or therapies are their inventions. Till now, we have not done the needful to protect our traditional wealth,” says Ajay Dua, a senior bureaucrat in the federal commerce ministry.
[I]n most of the developed nations like United States, “prior existing knowledge” is only recognised if it is published in a journal or is available on a database – not if it has been passed down through generations of oral and folk traditions.
The irony here is that India has suffered even though its traditional knowledge, as in China, has been documented extensively.
But information about traditional medicine has never been culled from their texts, translated and put out in the public domain.
A little confusion between “publication” and “public domain” …
No wonder then that India has been embroiled in some high-profile patent litigation in the past decade – the government spent some $6m alone in fighting legal battles against the patenting of turmeric and neem-based medicines.
In 1995, the US Patent Office granted a patent on the wound-healing properties of turmeric.
Indian scientists protested and fought a two-year-long legal battle to get the patent revoked.
Last year, India won a 10-year-long battle at the European Patent Office against a patent granted on an anti-fungal product, derived from neem, by successfully arguing that the medicinal neem tree is part of traditional Indian knowledge.
In 1998 the US Patent Office granted patent to a local company for new strains of rice similar to basmati, which has been grown for centuries in the Himalayan foothills of north-west India and Pakistan and has become popular internationally. After a prolonged legal battle, the patent was revoked four years ago.
The rice patent was new to me. Apparently, we will have to document not just every single preexisting medicinal use, but every single preexisting bit of human knowledge, to prevent companies from trying to enclose human knowledge.
Then they mention the yoga case (now settled favorably for open source yoga advocates):
And, in the US, an expatriate Indian yoga teacher has claimed copyright on a sequence of 36 yoga asanas, or postures.