Saturday 23 May 2009

Bio Piracy in Andhra: A Big Fight


Udumula Sudhakar Reddy
The AP government is finally taking the problem of bio-piracy head on. From the traditional thera- pies of Mahanandi village of Kurnool district to nalla pasupu (black turmeric) plant which is being used in HIV/AIDS drug research, it has begun pooling in a massive database of Indian traditional medical knowledge and uplinking the same to the World Intellectual Property Organistion to pre- vent from being stolen and getting patented by private individuals.
Shaking off genera- tions of lethargy and indifference, the government has finally begun the laborious task of compiling a massive database of traditional medical knowledge from across the State.
This data will be up-linked to the World Intellectual Property Organisation (WIPO), to protect the knowledge from unscrupulous patent grabbers.
The start point is knowledge, that must be captured from wherever it might reside, anywhere in the State. The elders who are the guardians of this precious and neglected wisdom, are not equipped to document and share ancient medical protocols that have been passed down generations largely through wordof-mouth.
In an ambitious and logical initiative, the AP Bio Diversity Board is recording elders knowledgeable about traditional medicine, plants, and treatments. Automatic speech recognition software developed by the Speech Processing Lab of the Language Technology Research Centre in IIITH, helps efficiently convert Telugu speech to Telugu text, and then into English.
Traditional remedies at Mahanandi village in Kurnool district have already been recorded and converted to text documents for up-linking to the WIPO.
Spurred to action after a series of thefts of traditional medical knowledge and bio piracy, the Bio Diversity Board initiated several measures including the formation of Bio Diversity Committees at the village level, to ensure documentation of traditional remedies in local registers.
The legal battle over the alleged bio piracy of bacillus thurengensis used in BT Cotton, continues unabated between the biotech giant Monsanto and the State Government. On another front, the AP Bio Diversity Board has written to the National Bio Diversity Board, demanding action against an NRI doctor who allegedly stole the ‘Vempali’ medicinal plant remedy for diabetes and gangrene, from Nizamabad district and got it patented in the United States.
The AP Bio Diversity Board secretary, Mr Dr V.B.Ramana Murthy, exclaimed, “It’s high time we stop this stealing of patent rights.
Vempali is a traditional Indian plant used for treating several diseases including diabetes at Kamarapally in Nizamabad district. We wrote to the National Board and have issued notices to the agency or the individual who patented it. We will track him down.” Dr Murthy explained the practical necessity of recording (audio and/or video) of village elders in compiling the medical knowledge database. Apart from accurately converting Telegu audio files into English text, the Language Technology Resource Centre of IIITH ensures that the data is available on the web in searchable forms. “When this is uploaded with the WIPO, it will be treated as prior art, and others cannot claim patents on them as the knowledge already exists with us. Dr Ch Sainath Prakash of Kamarapally in Nizamabad shared his bitter personal experience. “I inherited the traditional knowledge of Vempali and other plants from my father.
The leaves, stems and roots are used for the treatment of various diseases. In 2003, an NRI doctor came to me for treatment. After he was cured, he took all the methods and knowledge from me, and paid me Rs 1 crore.
The cheque was not honoured! I complained to the AP Bio Diversity Board, and was horrified to subsequently learn that a patent for this treatment has apparently been registered in the US.” Brushing teeth with a stick of the Vempali plant, while applying gentle pressure on gums, leads to strong gums and teeth. Scientifically known as Tephrosia, it is abundant in Vishakapatnam, Godavari district and Medak, as well as in Kerala.
In another case, the AP Bio Diversity Board tracked down a German who had stolen rare poisonous spiders from Vishakapatnam.
He had used tribals to collect spiders and tarantulas.
“Each spider will fetch between Rs 1,000 and Rs 5,000.” The board chairman, Mr R. Hampaiah went on to say, “Reports of medicinal plant theft are on rise in the State.This has prompted the Board to crack down on offending corporates and foreign nationals.” Recently, the Vishakapatnam police task force caught a few tribals from Paderu who were trying to smuggle Nalla pasupu (black turmeric). The plant is used in HIV/AIDS drug research.
Nalla pasupu is found at Papikonda hills in East and West Godavari districts and at Paderu in Vishakapatnam. It is on the endangered species list. In the international market, a kilogram of the Nalla pasupu costs Rs 20 lakh. The buyers were paying Rs 4,000 to Rs 5,000 to the tribals for each kilogram. “We have to move quickly on this. There is no time. Already so much is gone on this front.

Mahanaandi from Mahanandi: A Model village

Mahanandi, the temple village located in the Eastern Ghats in Kurnool district, has long been a popular Lord Shiva pilgrimage spot. More recently, the village has been in the spotlight for the path breaking strides taken by its Bio Diversity Committee, in protecting local flora, fauna and traditional medical knowledge.
The energised local committee took Monsanto head on, regarding BT bacterium theft. It has applied for Geographical Indication for the Mahanandi water (curative properties), and it is the first village to document its traditional knowledge, which was subsequently up-linked to ensure Intellectual Property Rights protection.
Mr. G Thimma Reddy, the headman of the village and founder of the Bio Diversity Committee, said, “We are seven members in the Committee. We rallied against Monsanto and demanded they pay royalty.” Ms. B. Varalakshmi a local environmental activist who motivated the villagers says, “The directorate of oilseed research has analysed the black soil here and said that it is full of BT bacteria. The village committee has demanded Rs 73 lakh for 2007 and Rs 1.36 crore for 2008 as royalty, for using the bacteria available in their soils. We were told by the Board that after receiving the notice, Monsanto has agreed for the development of the village and for construction of local schools.” The local committee has resolved that the water is a unique resource of the area, and the Andhra Pradesh Bio Diversity Board is trying to include it in the Geographical Indications Registry. “The water, known as Shiva Ganga, is famous for its crystalline purity and healing qualities,” said Ms Varalakshmi. Following Mahanandi’s example, at least 15 more villages including Veerapuram in Anantapur district, and Kamarapally in Nizamabad, have all formed Bio Diversity Committees. The government is planning to form similar Committees in all villages, across the State. Officials say that the initial focus will be on the Eastern Ghats of Nallamalais as well in parts of Visakapatnam, Badrachalam and Khammam.

Intellectual Property Rights

The lack of under- standing of the legal nuances of Intellectual Property Rights, by the practitioners of the Indian system of medicine is draining traditional knowledge from the country, say legal experts. Foreigners’ access to the biological resources of country should be restricted.
The Nalsar University Professor, Mr. Madabushi Sridhar exasperatedly says, “Indian scientists and government departments roll out a red carpet welcome to foreign scientist and organisations giving them unrestricted access to our biological resources. There is unreasonable exploitation of our resources by the companies based abroad.
They just add to our products taken from here, and make their own patents, setting it up as their invention.
We have to fight against this.” He says, “Traditional knowledge is an intellectual property. It belongs to the community and the nation.
Multi national pharmaceutical companies take these plants and shrubs and by adding insignificant improvements, they get patents.” India has a Knowledge Initiative Agreement with the United States. Under the pretext of research collaboration, their scientists enter our country and gain access to our products and biological resources, he adds. “Take Aloe Vera for instance. It is our product and see how the foreign companies are using it,” said Mr Sridhar.
As per the AP Bio Diversity Act, access to biological resources is controlled by them and bio diversity funds have to be set up.
Unfortunately, the state government has failed to set up the bio diversity funds and no funds are allocated to protect natural resources. A senior IFS official of AP forest department confided, “Funds allocated for protection of biological resources are meager. No politician bothers about this.”

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