The Tropical Botanical Garden and Research Institute (TBGRI), Thiruvananthapuram, inventors of the world renowned but controversial herbal compound Jeevani, is planning to revive its fortunes by offering the product for commercialization to a new company.
The move itself is potent enough to stir up another round of controversies, observe IP experts and followers of the fortunes of Jeevani.
Dr. G M Nair, director of TBGRI told Pharmabiz TBGRI is gearing up to float national open tenders to offer technology transfer for commercializing the product. Tenders are likely to appear in the national dailies within two weeks. TBGRI is working out the modalities and conditions of the technology transfer, following the expiry of the licensing period with the Coimbatore Arya Vaidya Pharmacy (AVP), Coimbatore.
"The license period for AVP was for seven years, which we extended for two years on their request. If they are interested, AVP also can participate in the tender. We are planning only a national tender, because of the controversy stirred up by Pharmabiz," said Dr.Nair.
Interestingly, TBGRI was planning to float global tenders for technology transfer during early last year, but suspended the move following a series of exclusive Pharmabiz reports exposing Jeevani even lacks a valid Indian patent and a US firm Nutrisciences Innovations LLC hijacked the product by registering the trademark for Jeevani in US.
"Before going for the tenders, TBGRI should have proved Jeevani belongs to them. It is true that a process patent was applied in 1996. But it is not sure whether the Indian patent was granted or not and it has validity now. More than that, the invention happened in 1995 and now it is in public domain, which means any firm can manufacture and market it. Trademark rights for Jeevani is with AVP. Though the license period expired in 2003, AVP has right to market the product for 10 years to clear the stocks, which is up to October 2005. TBGRI so far did not even challenge the infringement by the US firm, which happened five years ago. In these circumstances, how can TBGRI sell Jeevani, which even does not belong to them," observed some of the sources who were close to the rise and fall of Jeevani over the years.
However, the TBGRI director says Jeevani has a valid Indian patent and there is no question of apprehensions over the rights of the product. "I had sent our officials to the Patent office to verify the truth and we consulted the officials. Jeevani's rights are with us and there is no doubt in it," claims Dr. Nair.
According to the available information, two of the process patent applications of TBGRI were for (a) a process preparation of novel immuno-enhancing anti-fatigue, anti stress and hepato protective herbal drug (P.Pushpangadan, Rajasekharan S, and George V, 1996(Patent application number 959/MAS/96 dated June 4, 1996) and b) a process for the preparation of a Glycolipid fraction from Trichopus zelyanicus possessing adpatogenic activity, (Butani, K. K., Gupta, D. K., Taggi B. S., Anand K. K., Kapil R. S., Pushpangadan P., and Rajsekhran S., 1994, (Patent application number 88/Del/94). Further, two more patent applications were also filed by TBGRI with the main ingredient Aarogyapacha plant, one was for herbal diabetes drug (957/MAS/96, dated June 4, 1996) and the second a sport medicine (958/MAS/96 dated June 4, 1996).
It may be recalled that while Jeevani was given to AVP in 1996 by TBGRI, the move had caused a big debate in the state. The then CPI (M) led opposition made a big controversy over the issue citing the product should have been given to public sector companies like the Kerala Government's herbal drug manufacturing firm Oushadhi for commercialization, instead of giving it to a private player for a meagre sum of Rs 10 lakhs. Then, Jeevani was hyped as the Indian answer to the Korean Ginseng, and it had attracted world level media attention, including coverage in magazines like the Times Magazine.