This Pune entrepreneur won neem patent battle for India

PUNE, MAY 18: This Pune-based entrepreneur turned out to be the savior of the nation. The clinching evidence submitted by Pune-based bio-t...

PUNE, MAY 18: This Pune-based entrepreneur turned out to be the savior of the nation. The clinching evidence submitted by Pune-based bio-tech entrepreneur Abhay Phadke did the trick. As a result, the opposition division of the European Patent Office EPO completely revoked the controversial patent jointly filed by the US Agricultural Department and MNC WR Grace for a fungicide derived from seeds of neem.

The patent was for a method for controlling fungi on plants with the aid of hydrophobic extract of neem oil. The legal opposition to the patent had been lodged five years ago by the Research Foundation for Science, Technology and Natural Resource Policy led by Vandana Shiva, Linda Bullard of the International Federation of Organic Agriculture Movements and Magda Aelvoet, former Green Group member current environment minister of Belgium.

On October 27, 1996, Phadke, managing director, Ajay Bio-Tech India Ltd filed an affidavit with EPO through the opponents8217;s lawyer Professor Dolder of Zurich. Subsequently, Phadke related how he developed a process to manufacture neem oil as a pesticide in 1985, which had astonishing similarities to that patented by W R Grace and the United States as their 8220;intellectual property.8221;

At the conclusion of a two-day oral proceedings, Phadke presented detailed information on the work carried out on neem formulations. Phadke8217;s affidavit claimed that as director of Rhone Poulench Agro-chemical India Ltd, he had informed his senior officials in Rhone Poulench, Lyon, France about the pesticidal properties of neem and urged them to introduce neem-based products in the international market. This evidence was accepted as having relevant prior art with regard to the inventive step. He also presented evidence to support this claim that prior to the patent application field trials had been carried in Pune and Sangli way back in 1985 and 1986.

The examiners duly certified that the patent was characterized by a 8220;lack of novelty8221; and declared that the patent was revoked. This prompted Bullard to declare, 8220;We are gratified about the decision8217;s recognition of the intellectual achievements of the South and urge the patent office to reject 11 neem patent applications which are still under examination.8221;

Phadke hoped that India would put up another spirited fight against the patent granted in the US. Phadke, founder of Ajay Bio-Tech India Ltd, has been working in the neem tree business for the last 25 years.

Govt in slumber:

The neem patent fight in Europe turned out to be a major victory for the Indians.

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Sadly enough, neither the Government nor the Council for Scientific and Industrial Research CSIR had much to do with it. Bulk of the funds for the battle came from European NGOs.

What8217;s more. Indian entrepreneurs working in this field are yet to come to terms over the steep hike in the excise duties from eight per cent to 16 per cent. Biological pesticides are treated on par with chemical pesticides in India.

CAcirc;sup3;M Ketkar, founder of the Neem Mission is very upset by the turn of events and hopes that the Government would give this issue a serious thought.