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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 This parent was withdrawn in 2005 due to severe opposition from various parties in India.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 www.amam-ayurveda.org 6
Dear Members, Regulatory Update You must be aware & must have read in the newspapers that M/s. Colgate Palmolive filed an Indian patent application for a tooth cleaning powder (see news clipping on the previous page). They have patented tooth cleaning powder in the hope that it would take the multibillion dollar Indian oral hygiene market by storm. We, the Indian manufacturers strongly feel that this claim is bogus because the medicinal plants like clove oil, camphor, tomar seeds, vajradanti, pippali, kali mirch, haritaki etc. have been used for the dental cleaning & gum hygiene since ages. We on behalf of AMAM are demanding that the Indian Government should take a legal action. We have requested Department of AYUSH to take immediate steps to stop patenting of this traditional knowledge and product in India and initiate the opposition not only in US but also in other countries wherever M/s. Colgate Palmolive might have applied for patent. Department of AYUSH should take all possible corrective steps in this regard immediately including withdrawal of their patent application. We are hereby reproducing a copy our representation & request made to the Department of AYUSH. The Hon’ble Secretary September 10, 2010 Department of AYUSH Ministry of Health & Family Welfare Red Cross Building New Delhi 110 001 Sub.: Patenting of Indian Traditional Knowledge by multinational company viz., ‘Red herbal dentifrice’ by M/s. Colgate Palmolive Dear Madame, We wish to inform you that recently M/s. Colgate Palmolive have been granted a US Patent No. 7,736,629 titled ‘Red Herbal Dentifrice’ on June 15, 2010 with Mr. Shridhara Kamath, Mumbai and Mr. Ramesh Nair, Pune as Inventors. As you are aware Red Tooth powder is a household item in the Indian rural masses and is manufactured by several Ayurvedic companies. The product essentially contains gairic powder and herbal ingredients. M/s. Colgate Palmolive filed an Indian patent application no. 3081/DEL/2005 on 18th November, 2005 which has been used as priority date for US patent application. They have included several medicinal plants like Piper nigrum, Piper longum, Camphor, Tomar seed, Terminalia chebula, Clove, Cinnamon, Vajradanti, etc. in the patent. All these herbs have been traditionally used for their benefits on the gums and teeth in India and have been documented in Ayurvedic literature. For your reference we are attaching herewith the photocopies from Ayurvedic text books where the composition, which is subject matter of the patent, has already been mentioned. Besides several Indian companies like Dabur and Baidyanath have been marketing this product for decades in India. We urgently request the Department of AYUSH to please take immediate steps to stop patenting of this traditional knowledge and product in India and initiate the opposition not only in US but also in other countries wherever M/s. Colgate Palmolive might have applied for patent. In addition to that Department of AYUSH may also consider to send strong letter to M/s. Colgate Palmolive to take all possible corrective steps in this regard immediately including withdrawal of their patent application. We hope Department of AYUSH would take necessary steps without any delay. With regards, PRADEEP MULTANI HON. GEN. SECRETARY Encl.: a/a. CC: The Controller General of Patents Government of India Central Building, 101, M. K. Road, Mumbai – 400 020. CC: The Joint Secretary Department of Industrial Policy & Promotion Ministry of Commerce and Industry Government of India, Udyog Bhavan, New Delhi-110 011 www.amam-ayurveda.org 7
Page 1 and 2: Volume. 1 No.7 Jan - March. 2011 Pr
Page 3 and 4: Regulatory Update Dear Members, The
Page 5: 7. Dosage form of Rasaushadhi.- The
Page 9 and 10: Industry Event - QCI Seminar In con
Page 11 and 12: Organization Send AYUSH Application
Page 13 and 14: THERAPEUTIC USES - Kasa, Shwasa, Ks
Page 15 and 16: Pharmocopial Standards For Vasavleh

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