Though the Tropical Botanical Garden and Research Institute (TBGRI), is now planning to invite a global tender to license out its popular plant based nutritional drug compound 'Jeevani', it cannot transfer this globally popular name to the buyer. The 'Jeevani' trademark, which was registered by the Coimbatore-based Arya Vaidya Pharmacy (AVP) soon after the compound was licensed to them by the institute in 1997, will remain with AVP even though the seven-year license period is over now.
It is also learnt that AVP had authorized the Nutrisciences to register the trademark in the US, so that the company is now enjoying the trademark right of the drug in the same name- Jeevani, which is registered under the US Trademark Law.
However, the AVP sources has not admitted this so far, as the Jeevani trademark registration was reportedly not with the official approval from TBGRI. The sources said that even though the information about the trademark registration in the US had been brought to the notice of AVP and the former director of TBGRI, they did not take any action to object it.
Three years ago, an Ahmedabad based NGO, which is engaged in the tribal welfare and traditional knowledge protection activities, had published the information about the US Trademark registration in their website. The sources from the NGO said that even after they communicated to AVP about this, the company neither raised any objection to it in the US Court nor responded to the latter.
Though at present the US Trademark and the failure of TBGRI to have a global patent on this drug are in the eye of a storm, the AVP sources are still reluctant to comment on this and also denied that that they were aware of the US Trademark. It is also learnt that having the Jeevani Trademark registered by AVP, the company still continue marketing the product in the export market through established traders even after the expiry of the marketing license period.