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Case Study of Curcuma (Turmeric)

Background

  • Scientific Name: Curcuma longa

  • Traditional Uses: 

    • Used in Ayurveda and traditional Indian medicine for wound healing, anti-inflammatory, and antiseptic properties.

    • Commonly applied to cuts, burns, and skin conditions.

    • Used in cooking, religious rituals, and skincare.

The Patent Controversy

  • In 1995, the United States Patent and Trademark Office (USPTO) granted a patent (US Patent No. 5,401,504) to the University of Mississippi Medical Center for turmeric’s wound-healing properties.

  • The patent claimed novelty, despite turmeric being traditionally used in India for the same purpose.

Legal Action and Revocation of the Patent

  • In 1996, the Council of Scientific and Industrial Research (CSIR), India, challenged the patent, citing traditional knowledge and lack of novelty.

  • CSIR provided evidence from ancient Sanskrit, Urdu, and Hindi texts documenting turmeric’s medicinal use.

  • In 1997, the USPTO revoked the patent, recognizing the existence of prior art.

Impact of the Case

  • Set a global precedent for protecting traditional knowledge.

  • Led to the creation of the Traditional Knowledge Digital Library (TKDL) to prevent future biopiracy.

  • Highlighted the importance of thorough prior art searches in patent examination.


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