[Fsf-friends] India wins neem patent case

[Praveen A]

 NEW DELHI, MARCH 8. The European Patent Office in Munich today
dismissed an appeal against revoking a patent granted by it for the
preparation of a fungicide derived from the seeds of the neem tree.

This will go a long way in giving confidence to traditional users,
according to Vandana Shiva, Director, Research Foundation for Science,
Technology and Ecology.

Speaking from Germany, Dr. Shiva — one of the three parties to oppose
the patent — said: "It was pure and simple piracy. The oil from neem
has been used traditionally by farmers to prevent fungus. It was
neither a novel idea nor was it invented. It is a major victory that
the appeal has been finally dismissed."

The patent was granted by the European Patent Office to the United
States Department of Agriculture and the chemical multinational, W.R.
Grace, in 1995. Since then, Dr. Shiva, along with the International
Federation of Organic Agriculture Movement and the Green Party in
European Parliament, had been opposing it.

Evidence presented

In 2000, the European Patent Office revoked the patent but the victory
was short-lived as the revocation was followed by an appeal. At the
hearing today, this appeal was dismissed, Dr. Shiva said. "We gave
them evidence of farmers using this knowledge for a long time and also
gave them information about the two scientists who had conducted
research on neem before the patent had been granted. During the
hearing today, they dismissed the appeal and upheld the earlier
revocation of the patent."

Calling it a historic moment, she added: "Patenting is one of the ways
through which traditional users can be threatened. But now, such
patents will no longer be a threat for traditional users."

The story is in todays edition of The Hindu
http://www.hindu.com/2005/03/09/stories/2005030902381300.htm


References: 
NEEM PATENT REVOKED BY EUROPEAN PATENT OFFICE
http://www.twnside.org.sg/title/revoked.htm
India wins patent war over neem
http://www.hinduonnet.com/thehindu/2000/05/12/stories/02120007.htm
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