NGO ’ s views on Curcumin case in India Yuh-Gang YOON, Ph.D. Patent Attorney Zenith Patent & Law Firm APAA 54th Council Meeting 2007, Alelaide, Australia Emerging Intellectual Property Rights Committee November 18, 2007

The participation of NGOs in Convention of Biological Diversity (CBD) took place more slower than climate issue. The participation of NGOs in Convention of Biological Diversity (CBD) took place more slower than climate issue. More than 150 countries signed on Biological Convention at the UNCED in Rio de Janeiro (June 1992). More than 150 countries signed on Biological Convention at the UNCED in Rio de Janeiro (June 1992). The USA is not a party to the CBD. The USA is not a party to the CBD. This woke up NGOs to think that there must be something in CBD if USA is so frightened of it This woke up NGOs to think that there must be something in CBD if USA is so frightened of it 1. Introduction

2. Background of CBD 2. Background of CBD Conservation and sustainable use of biological diversity is important for protection of environment. Conservation and sustainable use of biological diversity is important for protection of environment. Genetic erosion, genetic engineering, extinction of species, destruction of ecosystem, and man-nature linkages were fused into one concept “ biodiversity. ” Genetic erosion, genetic engineering, extinction of species, destruction of ecosystem, and man-nature linkages were fused into one concept “ biodiversity. ” This gives the birth of treaty “ the Convention of Biological Diversity ” This gives the birth of treaty “ the Convention of Biological Diversity ”

3. Demands by NGOs To establish a system of protected areas and promote the recovery of threatened species (so-called in-situ conservation) To establish a system of protected areas and promote the recovery of threatened species (so-called in-situ conservation) To establish facilities such as herbaria and gene banks (ex-situ conservation) To establish facilities such as herbaria and gene banks (ex-situ conservation) To use components of biological diversity in a sustainable way To use components of biological diversity in a sustainable way To integrate biodiversity considerations in national decision-making To integrate biodiversity considerations in national decision-making To adopt economically and socially sound incentives for the conservation and sustainable use of biological resources To adopt economically and socially sound incentives for the conservation and sustainable use of biological resources To promote research and public education To promote research and public education To assess and minimize adverse impacts on biodiversity To assess and minimize adverse impacts on biodiversity To share with countries, indigenous groups and local communities which provide genetic resource the benefits which arise from the utilization of these resources To share with countries, indigenous groups and local communities which provide genetic resource the benefits which arise from the utilization of these resources To facilitate access to genetic resources and (bio)technology for other parties To facilitate access to genetic resources and (bio)technology for other parties

4. Point of argument on curcumin case in India  The source of curcumin being used in the preparation of Nanocurcumin is an Indian variety of turmeric (Curcuma longa) which is a biological resource, for the procurement of which no permission has been taken from the NBA as is mandatory under Section 3 of the IBDA;  Section 4 of the IBDA prevents the results of any research relating to biological resources occurring in or obtained from India from being transferred to any person who is not a citizen of India without the prior permission of the NBA  Section 6 of the IBDA also prevents the filing of an application for intellectual property rights based on an Indian Biological Resource without the prior approval of the NBA  section 3 or section 4 or section 6 shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to ten lakh rupees (Section 55 of IBDA)

5. Unpatenable - In the specification of Indian patent application, the source or geographical origin of biological material used for the invention was not completely disclosed or wrongly mentioned - In the specification of Indian patent application, the source or geographical origin of biological material used for the invention was not completely disclosed or wrongly mentioned - The invention is anticipated from a knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere. - The invention is anticipated from a knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere.

5. Recommendation by NGOs There is a need for the further development of the Access and Benefit Sharing (ABS) process. Basic biological research is seriously hampered by many of the current national ABS regulations. There is a need for the further development of the Access and Benefit Sharing (ABS) process. Basic biological research is seriously hampered by many of the current national ABS regulations. All countries are encouraged to ensure that measures are taken against the illicit use of genetic resources within their jurisdiction, All countries are encouraged to ensure that measures are taken against the illicit use of genetic resources within their jurisdiction, Mutual trust, cooperation and communication among all countries are essential. Mutual trust, cooperation and communication among all countries are essential.

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