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India Hits Back in 'Bio-Piracy' Battle

papvf writes "The BBC News Online has an interesting story about a project to put traditional medical knowledge online. From the article: 'The ambitious $2m project, christened Traditional Knowledge Digital Library, will roll out an encyclopedia of the country's traditional medicine in five languages - English, French, German, Japanese and Spanish - in an effort to stop people from claiming them as their own and patenting them.'"

16 of 190 comments (clear)

  1. Re:Information is great and all, but by Anonymous Coward · · Score: 1, Interesting

    No, rather it makes the execution and support of free ideas what is worth paying for, rather than the ideas themselves.

  2. Who's the victim? by castoridae · · Score: 3, Interesting

    Indian scientists say the country has been a victim of what they describe as "bio-piracy" for a long time.

    I would think that the citizens of India are the least likely to be victimized by such a patent. It would seem that it won't hold in their country, so noone there can be barred from using these therapies. And the average non-Indian citizen of, say, the U.S. is unlikely to start using these therapies - and hasn't heard of them in any case. The only victim I see (other than a lot of peoples' sense of fair play) would be those of Indian descent living abroad in the U.S. or another nation whose patent system doesn't recognize these therapies as prior art.

    Of course, I'm referring to what I assume the vast majority of these therapies are - esoteric. The more mainstream ones (e.g. turmeric, rice) - those could be a problem.

    1. Re:Who's the victim? by Anonymous Coward · · Score: 1, Interesting

      As previously mentioned, both basmati and the "Tree of Life" have been patented.
      If the company which owns the patent does not want the Indian population to use their patented technology, they can file a claim with the WTO. As a member of the WTO, the Indian gov't is required to stop illegal patent use.

      What should the Indian gov't do at this point?

      Please open your eyes about reality before you post from your valley of ignorance.

      Look up and read some of the writings of Arundhati Roy, and listen to Democracy Now.

  3. That's good by mrRay720 · · Score: 4, Interesting

    It's disgusting that people are even allowed to patent naturally occuring biological phenomenon. Patenting medicinal properties of plants/animals, DNA sequences, and suchlike is just plain bad. Taking credit for your own creations is fine, but not nature's.

    For anyone wanting to wave the "if you don't let them patent it and rape the world for money for a simple discovery, nothing will get discovered - ever!" flag, I'd rather have a wordwide tax that funds such research.

    If you're religious or not (and I'm not), I'm sure most people will get just a little uneasy at the idea of patenting aspects of life itself. A world where you can infringe on a patent merely by being born? Screw that.

    1. Re:That's good by lawpoop · · Score: 2, Interesting
      Unfortuneately, it doesn't work like that. I have a Bachelor's in anthropology and I focused on ethnobotany.

      What this database will probably give you is some thing like:

      Creeping Treeclimber aphorensis creepius
      • Used by the BthongaThonga people in an admixture of 50+ other plants said to be helpful against spirit posession.
      • Merck scientists derived a compound from it that was effective in a cell culture of non-hodgekin's lymphoma.


      Now, did the BthongaThonga people really discover the cure for non-Hodgekins lymphoma?

      You are hardly ever going to get an exact match between traditional use and modern western scientific use. The only one that comes readily to mind is Chinchona bark, which was used by Native South Americans for 'fevers', which was later used to synthesis the quinine, the first anti-malarial drug. Now, people can't say that these Shamans had a cure for malaria, because there are a lot of other things that cause fevers. They were using Cinchona for all kinds of fevers, including malaria.

      Then you have the new-agers who say "Shamans really don't realize what they are doing. They talk about magic darts and spirit posession, but really they are doing nothing different than modern doctors."

      Sorry, wrong. I was on a 10-week field school and talked to a few shamans. Disease is caused by magic darts. These plants cure magic darts. If you challenge them on that, they will tell you *emphatically* that "No, demons are real, magic darts are real. If you have an occidental (western) disease, go in to town and see a doctor. However, if you need a dart removed, I'm your man."

      The cases where traditional uses sync up totaly with western uses will be few and far between.
      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
  4. Culture and medicine! by mister_llah · · Score: 3, Interesting

    I think this is a great idea, even beyond medicine.

    Knowledge of these medical traditions can give great insight the cultures they originated from (I say this since they are obviously not the current culture, though they might be cultural anscestors) ....

    I'd love to see more movements like this, not just medicine, but traditional stories and the like, as well.

    I love technology!

    --
    MoM++ - A Classic Expanded - [Master of Magic 1.5]
    http://mompp.sourceforge.net/
  5. Re:Hasn't stopped anyone yet by vijaya_chandra · · Score: 3, Interesting

    Some people'd definitely take the trouble (especially when some huge company with excess of money's gonna start charging licensing fees from you for all kinds of stupid things)
    Check this out
    http://www.hindu.com/2005/03/09/stories/2005030902 381300.htm

    In this particular case along with saying - uhm, we knew that.... they'd shown proof of people using the technique from a long time also though.

  6. Music CDs dont cure diseases by absinthminded64 · · Score: 2, Interesting

    Traditional medicine . . I'm thinking this probably includes substances/techniques that have been in use for centuries and if it's a developing country where YOUR patent wouldn't be inforcable anyway what's the harm in their being able to develop and use something that increases their quality of life?

  7. Re:Information is great and all, but by Mistshadow2k4 · · Score: 3, Interesting

    You say that as if it were a bad thing.... People doing good for others for altruistic purposes rather than profit?! How horible! I dunno, maybe those who seek to reap the benefits of such patents might have to work for a living like everyone else if that were to happen. That would be a terrible, terrible thing.

    I definitely applaud this move. Patenting something that's been a known remedy for years - if not centuries, even - in India is like me patenting chamomile tea for soothing upset stomachs. Ridiculous, but is is happening, and I can see why they'd want to prevent any more of it from happening.

    --
    I dream of a better world... one in which chickens can cross roads without their motives being questioned.
  8. Divine right by Ilex · · Score: 4, Interesting

    I'm no Christian fundamentalist but in the book of Genesis didn't god give all living things on earth to mankind. That means everybody has equal rights, kind of like a bio GPL.

    Now given G.W Bush's right wing religious views and support for the teaching of intelligent design. Allowing the creation of these bio monopolies really is like condoning piracy.

    So does Bush really believe in the word of god? or just the word of big business?

    In either case I'd be worried about the voices he hears in his head telling him to invade 3rd world countries.

    Now will someone please pass the tinfoil hat.

  9. it's the movement that counts by escay · · Score: 2, Interesting

    this move is not about making money off licensing, it's about opening information for everyone. what if a treatment that's been known for centuries suddenly becomes closed because of patent infringement? the OSS community here wouldn't have a problem empathizing with the cause. it wouldn't be entirely offtopic to bring to your attention Dr. Vandana Shiva, a known activist against biopiracy, who has won among others two major cases - the move to patent Basmati (a strain of rice) in US and the case of patenting a Neem-derived fungicide in Munich. this is a step in the right direction.

  10. Cost by Anonymous Coward · · Score: 1, Interesting

    Traditional doesn't mean "affordable" ..in fact given the super low per capita GDP .. 60 years sounds like a very high number.

    Most over the counter medicines you buy originate in nature. For example, most cold medicines contain "pseudoephedrine HCL" which is a synthetic analog of from of what comes from the ephedra plant. Take a medicine and look up he origin of the active ingredient. Many important "cures" of the past were known to traditional doctors but uncredited (for example, quinine tree bark cures malaria .. even wikipedia credits someone who was cured by of malaria by Brazilian traditional healers using quinine as being the "discoverer" of the malaria cure. Just about all non prescription pain killers are of plant origin as well (morphene, Aspirin etc.). It's only the specialized medicines that have been produced recently over the last 15 years that are synthesized originally.

  11. Great effort by lovesinghal · · Score: 2, Interesting

    As the article has already mentioned that some of the traditional medicines are extensively used in India, this encyclopedia will enable people from the whole world to know about these medicines. Imagine searching on internet for a medicine for common cold or diabetes and finding couple of traditional remedies. People can leave their feedbacks and ratings of the remedies after they have tried them so that others can benefit too. Some of these medicines can be made at home using tea or neem leaves. They can be thus tried at home (and people need not go to an aurvedic doctor to get the medicine to some remote location in India). The good thing about natural medicines is that they do not have side effects. One can just try them and if they don't work try some other medicine. In US, it is interesting to see that even a small common cold medicine will have side effects as depression, nausea, liver failure, etc. I think as the health cost in US rises, more people will benefit from alternative of traditional medicines.

  12. My Interview by Milo+Fungus · · Score: 4, Interesting

    When I interviewed at medical school a couple of years ago my interviewer asked me to name an ethical question and give arguments for both sides. I told him that I had recently read an interesting book that had a chapter describing how an opthalmologist had patented a certain surgical technique and demanded royalties from another opthalmologist who had independently discovered it and had been lecturing on his use of it.

    The arguement against this sort of practice is easily the moral high ground, especially in a profession such as medicine which has a tendency to idealize altruism and selflessness. (Not that we succeed all of the time, mind you.) The counter-argument is the old line about creators being entitled to profit from their inventions. This argument is probably stronger in the entertainment industry, but in medicine it's pretty weak.

    Proprietary software is actually a big problem in medicine, especially when patient data has to be exchanged between hospitals. I've seen entire imaging studies redone simply because the doctor who needed to see it didn't have the right software to view them. It's absurd to have to repeat an MRI for such a stupid reason.

    I've actually considered doing a dual degree program and getting an MD/JD, with a legal specialty in intellectual property law. I predict that the intersection of medicine and IP law will be the scene of an important and bitter battle in the next few decades.

    So how did my interview go? I got accepted!

  13. Re:Traditional "Medicine" by Anonymous Coward · · Score: 1, Interesting

    You just meant to be funny, not crass, I'm sure.

    To address the point you make, yes, India does have a thriving medical community that practices western medicine. In fact, that is the dominant form of treatment an Indian will likely receive.

    However, the posted article talks about bio-piracy. It is about patents handed out to Western companies that used the treatments from Ayurvedic system and claimed it to be their own invention. So, it is rather a case of the Western pharmas studying traditional Indian medicine.

    Perhaps we'll all live shorter lives now. Going by your logic.

  14. Re:Free Market by Stonehand · · Score: 2, Interesting

    Hmmmmm. I wonder; isn't there a pretty heavy market in the relatively unregulated market of "supplements" and so forth? I don't think they're allowed to make specific claims about, say, curing diseases, lest they get treated as actual drugs, but that doesn't seem to stop people from buying gingseng and echinacea (sp?) and so forth.

    The marketing would largely be word-of-mouth, perhaps supplemented by low-end cable and specific publications. If you're going to market random herbs or animal parts involved in Chinese folk medicine, for instance, a local vendor might consider putting an ad in a local Chinese-language newspaper and otherwise targeting the local Chinese immigrant community hoping to find customers who've kept with those customs. Perhaps one would also target the New Agers who readily turn to any and all forms of alternative medicine, although many would likely be a bit squeamish over the use of bears' gall bladders and so forth; and those other Westerners who've found Western medicine lacking for whatever reason. There's many who pay attention to more than just the latest ad blitz from Pfizer or whoever.

    As a side note, I might suggest that there seems to be some audience for medical marijuana, even though it's not massively marketed or even legal (according to the Feds, anyway, and Federal jurisdiction over this hasn't been struck down AFAIK).

    --
    Only the dead have seen the end of war.