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VMSRF obtains interim orders against patent infringement by US nutraceutical companies

Nandita Vijay, BangaloreWednesday, February 5, 2003, 08:00 Hrs  [IST]

The United Breweries funded Vittal Mallya Scientific Research Foundation (VMSRF) obtained interim orders from the High Court of Madras against some major US-based nutraceuticals manufacturers on the charge of patent infringement. The application for a permanent injunction to restrain Interhealth Neutraceuticals, Inc., Sabinsa Corporation, Renaissance Herbs and their Indian manufactures from manufacturing and selling soluble double metal salts of Hydroxycitric acid (HCA) from Garcinia rind, also known as Malabar tamarind came up for admission before the High Court of Madras on January 30, 2003. The Court passed interim orders after hearing the Counsel for VMSRF. Besides pending patent applications in Europe and other countries, VMSRF has obtained process and product patents for soluble double salts of HCA form Garcinia (also known as Hydroxycitrisol) in India and U.S.A., respectively. Reliable sources from the industry informed that in the wake of the GATT agreement related to product patent regime coming into force in 2005, Indian scientists are vigorously developing patentable new and novel technologies for manufacture of cheaper and effective drugs to compete in the international market, such infringements could add to huge financial cost to enforce the patents. “Technologies developed with significant monetary and intellectual investments, if infringed would result in enormous damage in new drug development,” informed a senor industry person on condition of anonymity. Taking the cue from Ayurveda, extensive research conducted in India and U.S.A. established that HCA from Garcinia has several health benefits such as appetite control, weight reduction, regulation of lipid abnormalities including reduction of cholesterol, prevention of osteoporosis and increase in brain serotonin levels known to be linked to appetite suppression. It is reported that annually approximately 800-1000 tonnes of HCA from Garcinia to the tune of Rs100 crore are exported form India to U.S.A., Europe, Japan and other countries. In view of its safety, Garcinia which is used since centuries as a substitute for tamarind for culinary purpose in Malabar, Konkan regions and Sri Lanka, several formulations containing HCA as an active ingredient are being sold all over the world as an OTC neutraceutical. VMSRF research focuses on the pharmaceutical and agricultural sectors. The Foundation developed two first of its kind herbal products such as 'CheckMite'- an eco-friendly aerosol spray for the control of house dust mites responsible for respiratory allergies and 'Soluneem' a biodegradable soluble neem pesticide. It is currently working on novel therapeutic anti-snake venom (ASV) from chicken egg for snakebite and has already developed a rapid immunodiagnostic kit for species identification of snakebite.

 
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