BIOPIRACY Imitations Not Innovations - Biopirateria

40 Biopiracy: Imitations Not Innovations
showing synergistic activity in reducing body weight and body fat in mammals.
This guggul extract reduces body plasma levels and cholesterol in overweight
hyperlipidaemic humans.
A closer examination of the above patent and its claims suggest that it is not
a innovation that has been patented, but a mere reproduction of the knowledge
existing in the ancient Indian medicinal texts with consequential advantages such
as increasing vigour and enhanced mood states being highlighted as a novelty. It is
not only the ancient Indian literature that details the fat lowering property of
the plant, but also modern Indian scientific text (Indian Complete Specification
No. 166998 discloses a method for the manufacture of a pharmaceutical composition
of guggululipid in solid dosage form), along with many other modern investigations.
The patent document reads that “while prior art discloses the use of guggulsterones
to reduce blood plasma lipid content and the use of phosphates to decrease
triiodothyronine and increase resting metabolic rate, there is no suggestion or
disclosure of combining these materials to achieve a synergistic effect in weight
control and the surprising benefits of enhanced mood states and increased
vigour”. It is seen that the patent is based on prior art knowledge of the plant’s
lipid lowering property and the surprising benefits of enhanced mood states and
increased vigour are nothing but an obvious consequence of optimum/ near
optimum body weight and hence improved mental health.
US Patent 6,258,344: Skin lightening compositions.
US Patent 6,242,491: Use of creatine or creatine compounds for skin
preservation.
US Patent 6,193,975: Use of potentilla erecta extract in the cosmetic and
pharmaceutical field.
US Patent 6,184,247: Method of increasing cell renewal rate.
US Patent 5,993,787: Composition base for topical therapeutic and cosmetic
preparations.
US Patent 5,980,92: Topical compositions for regulating the oily/shiny
appearance of skin.
US Patent 5,972,341: Products extracted from a plant of the genus
Commiphora, particularly the Commiphora mukul plant, extracts containing the
same and applications thereof, for example in cosmetics
US Patent 5,821,237: Compositions for visually improving skin.
US Patent 5,700,451: Sunscreen composition.
US Patent 5,691,327: Use of salicylic acid for regulating skin wrinkles and/
or skin atrophy (US Patent 5,686,088) Antimicrobial wipe compositions.
Derivation observed:
Indigenous use Modern use
● Lowering body fat Method of treating hyperlipidemia
● Skin diseases Skin lightening compositions, skin preservation and
cosmetics