Planet Money – How to fight a patent pirate

Intro

In this episode of “Planet Money,” we delve into the fascinating story of Dr. Raghunat Meshalker’s fight against the patenting of turmeric’s wound-healing properties in the US. Turmeric, a staple of daily life in India and a key ingredient in Ayurvedic medicine, has become a victim of bio-piracy, where traditional and indigenous knowledge finds its way into Western patent offices. Meshalker’s decades-long struggle over global trade rules highlights the importance of protecting traditional knowledge and the need for fair trade practices.

Main Takeaways

Defending India’s Ancestral Knowledge

• Dr. Raghunat Michelleker battles the U.S. patent on turmeric in 1995, despite it not being part of his job description as the head of India’s scientific and industrial research.
• Michelleker saw patents as an opportunity for India to become a leader in research and innovation.
• Going after the turmeric patent was not only about defending India’s ancestral knowledge but also about shoring up people’s belief in the system.

The Flawed Patenting Process

• The turmeric patent shouldn’t have been granted in the first place, as patents are only for new ideas, not well-known ancient remedies.
• Patent examiners don’t always have access to the right source materials, which can lead to mistakes.
• The existing body of Ayurvedic literature on using turmeric for wound healing was not considered in the patent application.
• The patent was challenged and ultimately cancelled after more than a dozen texts from the Ayurvedic archives were presented.

The Problem of Biopiracy

• Pharma companies have patented traditional knowledge from indigenous communities without their consent.
• Biopiracy has been called a new form of extractive colonialism.
• Activist groups and some governments have challenged these patents and sought compensation for indigenous communities.

The Traditional Knowledge Digital Library (TKDL)

• Raghunath Mashelkar created the TKDL to make India’s traditional knowledge accessible to patent examiners around the world.
• The library includes remedies and practices from Ayurvedic medicine, as well as other medicinal traditions and yoga.
• The TKDL has helped prevent, revoke, or modify over 300 patents by providing patent examiners with relevant information.
• Despite criticism, the TKDL serves as a deterrent against bio-piracy and copy-and-pasted patent applications.

Summary

Defending Traditional Knowledge

Dr. Raghunat Meshalker’s fight against the patenting of turmeric’s wound-healing properties highlights the importance of defending India’s ancestral knowledge. He saw patents as an opportunity for India to lead in research and innovation and believed in shoring up people’s belief in the system. Meshalker’s efforts were not only about turmeric but also about protecting traditional knowledge.

The Flaws in the Patenting Process

The flawed patenting process allowed the turmeric patent to be granted despite its well-known use in India for centuries. Patent examiners often lack access to the right source materials, leading to mistakes. In the case of turmeric, the existing Ayurvedic literature on its wound-healing properties was not considered. Fortunately, the patent was ultimately cancelled after evidence from the Ayurvedic archives was presented.

Battling Biopiracy

Biopiracy, where pharma companies patent traditional knowledge without consent, has been called a new form of extractive colonialism. Activist groups and governments have challenged these patents and sought compensation for indigenous communities. The fight against biopiracy is crucial in protecting the rights and knowledge of indigenous communities.

The Traditional Knowledge Digital Library

The Traditional Knowledge Digital Library (TKDL), created by Raghunath Mashelkar, aims to prevent bio-piracy and copy-and-pasted patent applications. It provides patent examiners with access to remedies and practices from Ayurvedic medicine, as well as other medicinal traditions and yoga. The TKDL has been successful in preventing, revoking, or modifying over 300 patents, serving as a deterrent against bio-piracy.

Conclusion

The story of Dr. Raghunat Meshalker’s fight against the patenting of turmeric’s wound-healing properties sheds light on the importance of protecting traditional knowledge and the flaws in the patenting process. It also emphasizes the need to address the issue of biopiracy and ensure fair trade practices. The Traditional Knowledge Digital Library serves as a valuable tool in preventing bio-piracy and preserving India’s rich traditional knowledge for future generations.