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May 11, 2000

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India wins neem patent case in Europe

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India has won the case relating to a patent on neem taken at the European patent office.

The European Patents Office accepted the arguments offered by Indian scientists and rejected the order of the US patents office to award the patent to W R Grace, a US-based company, at the last hearing of the case, which concluded yesterday.

The victory is a result of a four-year-long effort by the Research Foundation for Science, Technology and Environment. Professor U P Singh, an agricultural scientist at the Banaras Hindu University represented the Indian side.

According to information received, the Indian scientists argued that the people of India have known the medicinal properties of neem for thousands of years and hence no other company can patent its properties. The EPO accepted the argument.

RFSTE director Vandana Shiva said, "The EPO verdict in the case rectifies the historical mistake by the US patents office in awarding the patent to the W R Grace."

Dr Shiva's foundation had, in 1996, obtained a stay on the patent awarded to W R Grace by the US patents office.

Dr Shiva said that several US companies have acquired patents on the various properties on neem. However, after the EPO verdict, companies like the W R Grace will not dare stake a claim on such patents, she said.

Commenting on US patent laws, she said that the patent regime was being used for stealing traditional herbs grown in India. Both the society and the government have to make joint efforts to put an end to the menace, she said.

UNI

EARLIER RELATED REPORTS:
Over 100 Indian plants patented, warns expert
Major victory for India as US refuses to patent turmeric

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