Intellectual property rights scenario in traditional knowledge is abuzz with the 13th session of the WIPO Intergovernmental Committee on Intellectual Property and genetic Resources, Traditional Knowledge and Folklore (IGC) undergoing in Geneva. The IGC is meeting, according to an IP Newsletter, to discuss two detailed reports from the secretariat highlighting areas where international policy may be needed. One is an African Group proposal calling for an international instrument and the other report highlights encouragement of the WIPO’s director general to achieve concrete outcomes. Quite contrary to this development the home scenario in the area of protection of traditional knowledge is rife with controversies. A prominent news reporter reports that the access and benefit success story involving ‘Aarogyapacha’, an anti-fatigue herbal formulation and Kani tribe has come to a naught.

The members of the tribe, in 1987, introduced the herb trichopus zeylanicus, known locally as aarogyapacha, to scientists from Kerala’s Tropical Botanic Garden and Research Institute (TBGRI), who were on a study tour of the Agasthya Hills. As their guide they revealed the many secrets of the herb. The TBGRI started research on the herb and developed Jeevani from it. In 1995, TBGRI licensed the formula for Jeevani to the Arya Vaidya Pharmacy (AVP) of Coimbatore. The license fee and the two percent royalty on the profits from Jeevani were to be shared equally between the TBGRI and the Kani tribe. A trust for the Kanis was formed and it was agreed that the AVP would buy the herbs from them. Lately, according to the news report, the termination of the intellectual property protection term on Jeevani’s formulation has brought the product and the process both in the public domain. This has supposedly led to the dysfunction of the welfare trust and a cut off from the benefits. An anti-fatigue drug developed from a traditional knowledge failing to benefit the tribals who discovered its properties projects a dismal scene.

Access and Benefit sharing is a core part of IP protection of genetic resource use based on traditional knowledge. The Biological Diversity Act 2002 is a law to inter alia achieve the objective of equity in sharing benefits from such use of resources. Its key provisions include measures for sharing of benefits from the use of biodiversity, including transfer of technology, monetary returns, joint Research & Development, joint IPR ownership, etc.; provisions for local communities to have a say in the use of their resources and knowledge, and to charge fees for this and protection of indigenous or traditional knowledge, through appropriate laws or other measures such as registration of such knowledge.