India Win Neem Patent Battle

NEW DELHI - Mar 13/05 - SNS -- India has prevailed in a decade-long battle over a European 1995 patent granted to the USDA and WR Grace for a fungicide derived from seeds of the Neem tree.

Vandana Shiva, head of the Research Foundation for Science, Technology and Ecology, said the win is a significant one against efforts by companies to obtain patents on naturally occurring plant varieties and traditional knowledge.

"We were certain from the beginning that the US/Grace patent did not satisfy the basic requirements for a patent. How could the United States or W.R. Grace say they invented something which has been in public use for centuries?" she asked.

The Legal Opposition to the patent had been lodged five years ago by the Research Foundation for Science, Technology and Natural Resource Policy directed by the renowned Indian scientist Vandana Shiva, IFOAM President Linda Bullard (International Federation of Organic Agriculture Movements), and Magda Aelvoet, former Green Member of the European Parliament and current Environment Minister of Belgium.

Following extensive testimony by expert witness Abhay Dattaray Phadke of Puna, India, the 4-person panel judged that the claimed "invention" was lacking an "inventive step," which is a prerequisite to obtaining patent protection.

The panel had earlier ruled that the USA/Grace neem fungicide product was lacking in "novelty," another patent criterion, and established that its properties and use were "prior art" years before the "proprietors" applied for a patent.

"This is a great day not only for us but for all people throughout the world, especially from the Third World, who have been fighting to take back control of their resources and knowledge systems from the patent regimes of the North," said IFOAM President Linda Bullard. "We are gratified about the decision’s recognition of the intellectual achievements of the South and urge the patent office to reject the 11 Neem patent applications which are still under examination. We hope that our victory will mark a turning point in the struggle against biopiracy."