Though the digital library is administratively under the department of Ayush in the health ministry, the ministry of human resources and development has raised an objection over the sharing of database.
The HRD ministry is of the view that the existing policy only allows access to domestic patents offices and giving access to other countries will require an approval from the Cabinet.
Government officials pointed out that the objection of the HRD ministry was on account of a confusion between patent and copyright.
The digital library contains several translations of ancient scriptures regarding the use of medicinal plants, which are covered by copyright and not patents as contended by the HRD ministry.
"Because of the objections of the HRD ministry, the database is not being made accessible to international patents offices. And, as a result of this, patent applications based on Indian plants, which otherwise should not have been accepted, are being allowed and granted," an official said.
Over the last three years a total of 35,997 plant-based patents were issued, of which around 12,000 patents were issued in the United States alone. And these do not include the patents covering our traditional medicine systems like Ayurveda, Siddha and Yunani.
Officials feel that India will now have to resort to the lengthy and expensive legal option to fight against a patent that has already been granted.
The issue was taken up at a recent meeting of the ministries of commerce and industry, health, HRD and Council of Scientific and Industrial Research. It was decided that the health ministry would write to the Prime Minister's office to seek a clearance for sharing the database.
