August 4, 2009

Many Patents Sought for Ayurveda Medicines: Minister

The Indian Patent Office has received a number of applications from Indian as well as foreign inventors and companies seeking patents in all fields of technologies, including possibly Ayurvedic medicines, which are published on the website of the Patent Office, namely, www.ipindia.nic.in.

Jyotiraditya M Scindia, Minister of State for Commerce & Industry, said in a written statement:" Patents are granted to inventors, including individuals and companies, for products and processes which meet the criteria of novelty, inventive step and industrial application under the sovereign prerogative of countries according to their respective laws which have territorial effect only, that is, they are effective only in the country of grant. Patents granted in other countries are not applicable in India and do not affect the Ayurvedic medical practitioners in India."

In order to protect traditional knowledge from being patented, provisions have been made in the Patents Act, 1970. As per section 3 (p) of the Act, an invention, which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components is not patentable. Sections 25 and 64 of the said Act, include anticipation of invention by available local knowledge, including oral knowledge, as one of the grounds for opposition as also for revocation, the minister said.

The Government has undertaken the development of a Traditional Knowledge Digital Library (TKDL) database which includes codified knowledge of traditional medicine, including Ayurveda and Unani, in five international languages, namely, English, German, French, Spanish and Japanese to prevent patenting of inventions which are mere traditional knowledge.

Nigerian delegation discusses fake drug issue with Indian Authorities

A four-member Nigerian delegation led by Dr. Paul Orhii, Director General, National Agency for Food And Drug Administration And Control (NAFDAC) is visiting India during 1st to 6th August 2009. This visit was planned as a confidence building measure in the backdrop of Nigerian seizure of a consignment of fake anti-malarial and anti-bacterial medicines bearing ‘Made in India’ label. Investigations into the matter led to the disclosure that the origin of above referred consignment was China and not India. This incident received widespread attention following its publication in a National Daily and this visit is a sequel to this incident. The delegation is visiting India on the invitation of Secretary Pharmaceuticals Ashok Kumar.

The delegation had its initial meeting with the Indian side which was led by the Secretary Department of Pharmaceuticals Sh. Ashok Kumar. The meeting was attended by representatives of different Government Departments including Ministry of Health, Department of Commerce, MEA, Pharmexcil, NIPER and FICCI. In the afternoon the delegation also discussed the issue with Ashok Tomar, Joint Secretary in MEA.

During the meeting, the background of the visit was noted and the efforts made by the Indian High Commissioner to Nigeria were appreciated in arranging this visit. Secretary(Pharma) assured the Nigerian delegation about the quality generic at affordable prices being produced by the Indian Pharma Industry. He observed that India is ready to collaborate and cooperate with Nigeria in its anti-counterfeiting measures through capacity building in education, training and setting up testing facilities including bio-availability and bio-equivalence studies. Lack of proper control at the point of sale was also considered to contribute in the matter of counterfeit and spurious Pharma trade.

Dr. Paul Orhii, DG, NAFDAC expressed desire to augment the usage of Indian generic medicines in Nigeria considering their good quality, safety & efficacy coupled with lower prices. Dr. Paul Orhii mentioned that problem of fake & counterfeit medicines is complex in Nigeria due to porous border and corrupt and criminal practices of some local elements.

After detailed deliberations, the Indian side felt encouraged to note that NAFDAC has good views about the generic medicines produced and exported by Indian Pharma Industry. Their intention to promote and encourage usage of generic medicines was also well received. The lack of facility for assessing it was agreed that India would assist Nigeria in setting up Bio-equivalence and Bio-availability facilities, training of drug regulatory personnel and improving curriculum of pharmacy education in Nigeria. It is also proposed to have a joint awareness generation programmes in Nigeria to spread awareness about the quality generic medicines produced by Indian Pharma Industry. The joint efforts of both the countries in increasing awareness and helping each other through increase in export of generic medicines from India. The Nigerian delegation was also advised to explore the possibility of increased Indian investments in setting up manufacturing facilities for pharmaceuticals and biologicals.

Both sides agreed to continue the bilateral dialogue process and take initiative in the direction of collaboration in the field of regulatory, quality control and education arena. Participation of a Nigerian delegation in India Pharma Summit, 2009 being held in November 2009 was suggested in this direction to continue close cooperation between the two countries. Exchange of official level delegation may also be considered through mutual consultations to take forward the message of quality generic medicines produce originating from India