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Indian cos see red over
laldant manjan patent
ARINDAM
Ayurvedic Body Slams Colgate For patenting Indian Traditional Knowledge
Sagar Malviya & Maulik Vyas
MUMBAI
Lal dant manjan may make many Indian
remember the old Dabur commercial
featuring a schoolbay named Raju and
his Masterji, Bur Lal dant manjan, or red herbal
dentifrice, is now patented in the US by Colgate
Palmolive, and Indian ayurvedic companies have
sought government intervention to cancel it.
The Association of Manufacturers of Ayurvedic
Medicines (AMAM), which represents 200
companies, including Dabur, Himmalaya, Hamdard
and Baidyanath, has accused the American personal
care giant of patenting an Indian traditional
knowledge in the US, India and elsewhere.
It has urged the patent authority, the health ministry
as well as the industrial ministry to take immediate
measures to stop patenting of this traditional product
and “initiate action not only in the US but also in
other countries where Colgate Palmolive might
have applied for the patent”.
Colgate received patent for red herbal dentifrice in
the United States in June this year on the basis of an
application dated 2005, filed in India.
The company did not respond to an email query.
“Colgate has used its clout to obtain patent in the
drawal the US. But the Indian government should
seek with drawal the US patent and cancel the
Indian application too as the product is a traditional
herbal medicine discovered in India, “said Pradeep
Multani, general secretary ot the association.
The controller General of Patents, which grants
patents in India, has yet to decide on Colgate’s
application. “In the US, getting patents is far more
simple compared to India, “said Abhishek Khare,
partner at Khare Legal Chambers.
In India, a patent is granted post-grant objections,”
said Mr Khare.
In fact, the US and the European Union have
conclled patents on tunneric and neem following
opposition form India. In 1995, the US granted a
patent for turmeric to two non-resident Indians
associated with the University of Mississipi Medical
Centre, Jackson, USA. New Delhi based Council
for Agriculture Reserch challenged the patent on
the ground that it lacked novelty and the US Patent
Office up-held the objection and cancelled the
patent.
Similarly, the European Patent Office awarded a
patent for Neem to the United States Department of
Agriculture and chemical multinational WR Grace
in 1995. This parent was withdrawn in 2005 due to
severe opposition from various parties in India.
In its patent application for lal dant manjan,
Colgete included several medicinal plants such as
piper nigrum, piper longum, camphor, tomar seed,
tenninalla chebula, clove, cinnamon, vajradanti
among other herbs in the patent.
Amam has challenged this in its letter to the
Indian health ministry, the Controller General ot
Patents and the Department of Industrial Policy
& Promotion, which is responsible for policies on
intellectual property rights, patents and trademarks.
“Several companies like Dabur and Baidyanath
have been marketing this product since decades in
India, “it said in the letter.
Dabur India, which has been selling Dabur Lal Dant
Manjan since 1970, declined to comment, but some
people close to the company said it is exploring
legal actions against Colgate.
Colgate Palmolive, which controls half the oral
care segment worth Rs. 2,800 crore in India, is
synonymous with toothpaste in India. Of late, it has
been gradually pushing more affordable products
such as toothpowder to penetrate into rural areas
and reach out to a larger sonsumer base.
While the oral care category is growing be around
8-10%, the toothpowder segment worth Rs. 500
crore offers huge potential as rural India, which
houses 70% of Indian population, joins the India
growth Penetration of modern oral care products is
very low and many people in rural India still clean
their teeth and many people in rural India still clean
their teeth with traditional products like twige of the
neem tree, salt, ash and other herbal items.
That’s precisely the opportunity that Colgate seeks
to tap in a market where it still share the top spot
with rival Dabur, both having 30% share in the
hinterland. “If Colgate manages to get the patent,
it will have an added advantage to expand in this
category,” said Anand Raghuraman, partner and
director at Boston Consulting Group.
Courtsey: Economic Times
Dated: 20/10/2010; Wednesday
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