Flu medicine patient: India wins dispute against China

There was a tough fight between the communist China and democratic India over acquiring the patent for influenza medicine, which is prepared with the help of ‘Pudina’ (mint) and 'Kalamegha' (andrographis). Informing Lok Sabha, Minister of State for Health and Family Welfare S Gandhiselvan avowed that Chinese pharmaceutical company Livzon Pharmaceutical Group Inc, Guangdong, had filed patent application before the influenza medicine with European Patent Office (EPO).

However, on the pretext of the submissions made jointly by Department of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy (AYUSH) and CSIR, EPO office canceled their earlier intention to grant patent for the medicine to the Chinese firm.

The Chinese pharmaceutical company Livzon Pharmaceutical Group Inc. had filed a patent application in January 2007 had filed in its application addressed to EPO office that it had developed traditional composition for avian influenza. Further, the Chinese pharmaceutical company also clearly mentioned that it has pioneered preparation and application of the age old medicine.  Soon after Chinese company had filed its application for patent acquiring, EPO clearly conveyed the intention to offer patent rights.

It was only after Traditional Knowledge Digital Library (TKDL), which was set up by joint efforts from AYUSH and CSIR, made the submission of application to the EPO that the necessary action could be initiated. The application clearly stated that there are many ancient references from Ayurveda and Unani scriptures that depict the use of four medicinal formulations including Pudina and Kalamegha in treating influenza and epidemic fever. EPO seriously considered the evidences which exist in Ayurveda and Unani as real, and therefore granted the patent for the medicinal formulation to India.