Unfounded euphoria
The legal battle is over and R A Mashlekar, of the Council for Scientific and Industrial Research ( csir ), is playing to the gallery by blowing smoke from the barrel of his guns. The applause is also overwhelming and from an international audience. The Indian media is all agog over this great victory of the Indian people against the us almost as if it may seem that the mighty us nuclear armada has been humbled by the humble haldi , an root found in India, which has various applications apart from being consumed daily in large quantities by the people who inhabit this great nation.
All this being a tremendous morale booster for the Indian people there are still certain points to ponder upon.
The csir is being hailed as a saviour of India for having got rid of one us patent on turmeric or haldi as it is called back home. This is regarding turmeric's ability to heal wounds. There are, however, still 11 patents pending in the us .
What is being interpreted by the media is that the csir is some sort of international saviour of Indian traditional knowledge systems. But on closer examination it is turning out to be too optimistic. What has merely happened is that the csir has managed to grab a lot publicity, intentionally or otherwise, over a non-issue. In the process the real issue has been brushed under the carpet.
What does csir propose to do now? Flushed with victory will it now decide to launch a blitzkrieg against the us to get the other patents on turmeric dropped? This suit cost the taxpayer a neat little sum of half a million rupees. Merely contesting the other patents may involve much larger sums of money. Would it be right to divert tax payers' money from research to indulge in such attention-grabbing gimmicks to hog the limelight in the media. At the end of it what will we have gained?
It is high time that csir adopted a wider view of things rather than focusing on narrow ends. It is of prime importance to look at the situation in our own country first. For example, how does our corporate sector react to research and patenting of bio-products in India and is there any proper patenting procedure in India regarding such products?
Everything is done in a very ad-hoc fashion today leading to over-the-counter licensing.
Also shouldn't the csir think of redirecting its research towards more commercial ends? csir today looks towards the Department of Biotechnology and the Department of Science and Technology for funds for research. The general opinion in industry today is that scientists in India tend to work on issues which have little or no commercial viability. Therefore effort and money should instead be devoted to plugging this gap.
Indian biodiversity can only be protected if it can be utilised. Of what use is it to protect a substance merely for the sake of protecting it from an outsider and not having the initiative of being able to use it ourselves?
Turmeric has been used for a wide range of purposes in India since time immemorial. As a spice used to cook food, as a cosmetic and a medicine.
Mixed with calcium carbonate, turmeric is applied to wounds and is supposed to provide relief from pain in case of a twisted ankle and also act as an anti-inflammatory agent. Mixed with sandalwood paste it becomes a cosmetic and a bleaching agent and is used as a face pack to help a fair lady become even fairer.
Indian cooking uses huge helpings of haldi , which is supposed to have germ-killing properties, to cure the food and process it for the palate.
A host of fairness creams and toothpastes use turmeric as an ingredient.
But of late has there been any attempt to expand our base of traditional knowledge? Therefore the time for rethinking is definitely at hand. The need for interaction between industry and research is definitely the need of the hour. csir and other research organisations should think in terms of concentrating more on research and things which have more long-term impact upon the Indian and international situation rather than seeking to grab glory in misdirected legal campaigns with the us .
It would also be better if such issues were to be raised in the Convention on Biological Diversity. The need of the hour today is perhaps a strong set of laws to protect Indian biodiversity, which the government of India is still to frame.
India is a signatory to the Convention on Biological Diversity ( cbd ), a global treaty to protect the planet's biodiversity, and is obliged to come up with a national biodiversity legislation to protect its bioresources and traditional knowledge systems. The advantage of bringing this issue up at the forum is that the cbd recognises the nation state's sovereign rights over its bioresources, and is thus heavily tilted in favour of a nation like India, which possesses a treasure trove of resources and knowledge. But to assert her rights, the country needs to put that law in place.