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US firm registers trademark right on Jeevani without TBGRI knowledge

P.B.Jayakumar, ChennaiTuesday, January 27, 2004, 08:00 Hrs  [IST]

The renowned Indian herbal drug Jeevani, developed by Tropical Botanical Garden and Research Institute (TBGRI), Thiruvananthapuram, is found to have registered as a trademark product by a leading U.S. nutraceuticals company, Nutriscience Innovations LLC. The drug, which is globally patented by TBGRI and was licensed to Coimbatore Arya Vaidya Pharmacy (AVP) for manufacturing and marketing, has been registered by this New York based company under US Trademark Rules without the knowledge of either TBGRI or AVP, it is learnt. Nutriscience Innovations LLC, New York, is a global supplier of herbal drugs, which has marketing offices in Mexico, Sao Polo and Mumbai, besides extensive penetration in the U.S. market. It is learnt that the company had placed few bulk orders for the drug about two years ago with the Coimbatore AVP. The literature on the drug in Nutrisciences website also correctly elaborates the therapeutic properties of the drug and origin of the drug, though silent on manufacturing and marketing rights. However, highly placed sources in AVP said that they were not aware that the US Company has been marketing the product abroad. Moreover, A Los Angels based company, The Jeevani Company LLC, is selling Jeevani globally at a price of US $39.5 for a 75gm jar, while the product was priced just Rs.160 for a 75gm. Jar by AVP. The company, with address at 3343 1/2 Motor Avenue, CA 90034, (310) 261 -3717, now owns the one and exclusive website on Jeevani, www.jeevani.com. The site has numerous web pages, including benefits and directions for use, history of Jeevani, TBGRI, AVP (described by the website as a leading global supplier of herbal drugs from India), the agreement TBGRI had with Kanis, the original tribal custodians of Aarogyapacha etc, numerous articles written on Jeevani by leading newspapers and magazines worldwide, related links, testimonials by users of the company etc. Further, Jeevani is an active ingredient for one among the top selling energizer and health fitness enhancing drugs in the world, Pinnacles' adrenerlin capsule, as claimed by its body building and health fitness drug maker Bodyonics Ltd. According to the company, Adrenerlin(tm)' is an all-natural, "total energy pill" designed to provide "Quick Energy Support", and is a rare formula of Maca from the Amazon rainforest, Jeevani from India, Citrus aurantium from the Far East, and D-Ribose, the latest breakthrough in muscular energy from the U.S. According to the ingredient list, the product has 150 mg. of Jeevani, which has contents like Withanis somnifera (Ashwagandha), Piper longum, and Evolvalus alsinoides and Aarogyapacha. Literature on the pill says "director of one of India's largest think tanks went as far to say "the plant (aarogyapacha) is almost like cocaine in terms of its energy boost, without being addictive'. Elaborating on the clinical trials, the company says 'the scientists at Tropical Botanical Garden and Research Institute in Kerala, India administered Jeevani to 100 human subjects in studies involving either healthy or non-healthy individuals. In the case of healthy subjects, Jeevani was found to exert a favorable effect including the ability to perform sustained physical labor, better quality of work output, adaptability to unfavorable environmental conditions, and a sense of well being'. Pinnacle's Adrenerlin has been listed in many of the leading online medical stores and health and fitness related websites. Some of the websites also talk about Jeevani as a 'miraculous herb from Himalayas' and an active ingredient in herbal tea. Not lagging behind, an Indian manufacturer in Gwalior also has come out with Jeevani malt. However, his claims do not directly refer to the original Jeevani, though it has ingredients like Aswagandha. It is also learnt that a Kochi-based firm reselling Jeevani globally without any authorization from either TBGRI or AVP. When contacted, a stunned TBGRI director Dr.G.M.Nair said 'all out efforts would be done to stop this clear violation of patent rights and illegal means to leverage the fame of Jeevani'. Dr.Nair, scheduled to attend an international conference in New Delhi on 'Biodiversity and herbal products' this week, plans to forcefully present the case before an international forum with the inputs from Pharmabiz. "Further, I would bring this to the notice of various agencies and authorities concerned. It is an invasion by the western world into our rights, rich biodiversity, culture and traditional knowledge," said Dr.Nair. However, he conceded TBGRI had not taken a trademark right over Jeevani. When contacted, top level sources with AVP, Coimbatore, which had been manufacturing and marketing Jeevani for the last seven years as per the license agreement, said they were also not aware of the happenings, and had not entrusted any agency either in India or outside to sell Jeevani. Jeevani is the first ethno-pharmaceutical molecule developed in the history of drug research worldwide with benefit and profit sharing for the original custodians of a tribal medicine. Now TBGRI is in the process of entrusting an agency to revalidate the ingredients of Jeevani and float global tenders to sell the molecule following the expiry of license period. In November 1995, TBGRI sold the formula to Arya Vaidya Pharmacy (AVP) of Coimbatore for a licence fee of Rs 10 lakh to produce the drug for seven years. In 2002, the UN Environment Programme and the World Trade Organisation accepted the Kerala model on Jeevani as a global model in benefit sharing and recognizing the intellectual property rights of indigenous people in accordance to the guidelines of the U.N. Convention on Biodiversity treaty in 1992. (These guidelines, established in 1992 and ratified by more than 175 nations, establish new mandatory procedures for the use of genetic resources).

 
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