BIOPIRACY Imitations Not Innovations - Biopirateria

42 Biopiracy: Imitations Not Innovations
10. CURCUMA LONGA
Other names: Haldi in Hindi, Manyyal, Paccamannal, and Varattumannal in
Malayalam, Haridra in Sanskrit, Manycal in Tamil, Turmeric in English.
Description of the plant and its location: A seasonal herb, 60-90 cm in
height, with a short stem and tuft of erect leaves. The rhizome is cylindrical and
orange coloured.
Part/s used: Rhizomes (both dried as well as raw).
Action and indigenous use of the plant: The rhizome is bitter, acrid,
thermogenic, emollient, anodyne, anti-inflammatory, vulnerary, depurative,
antiseptic, an appetiser, carminative, anthelmintic, laxative, diuretic, expectorant,
haematinic, styptic, anti-periodic, alterative, alexeteric, detergent, stimulant,
febrifugal, and ophthalmic. It is useful in inflammations, ulcers, wounds, leprosy,
skin diseases, pruritus, allergic conditions, and discoloration of the skin, anorexia,
flatulence, colic, helminthiasis, constipation, strangury, cough, asthma, bronchitis,
hiccough, catarrh, anaemia, haemorrhages, fever, giddiness, urethrorrhea, dropsy,
hysteria, epilepsy, ringworm, amenorrhoea, gonorrhoea, jaundice, conjunctivitis,
general debility and diabetes. The rhizome is used both raw as well as dried.
Modern use in the patent: A controversial patent on turmeric was successfully
challenged by India, thereby forcing the issuing authority to revoke it. This
patent highlights the lacunae existing in the patent system with regards to
indigenous knowledge and technology related to bioresources and their
misappropriation under the current Intellectual Property Rights system.
On 28 December 1993, an application for a patent was filed before the
USPTO. The patent was filed on the use of turmeric in “wound healing”. The
patent (US Patent 5,40, 504) was granted on 28 March 1995. The main claim
of the patent: a method of promoting healing of a wound in a patient consists
essentially of administering a wound-healing agent consisting of an effective
amount of turmeric powder to the patient. This patent was challenged by India,
which applied to the USPTO for a re-examination of the patent. The basic
thrust of the challenge was that turmeric is known to be beneficial for wound