The Central Government has informed the Lok Sabha that Jeevani, the wonder drug developed by Tropical Botanic Garden and Research Institute (TBGRI), Kerala can still be manufactured and marketed by Coimbatore Arya Vaidya Pharmacy (AVP), the exclusive rights holder for the drug. The government also acknowledged the trademark status of "Jeevani Jolt" by Great Earth Enterprises Inc, New York.
In a written reply to a question by Raghuveer Singh Koshal in the Lok Sabha, Panabaka Lakshmi, Minister of State for Health & Family Welfare stated that AVP is having the exclusive right for manufacture and sale of the drug in India and abroad and is continuing to market the product. The minister also stated that trademarks have been taken on Jeevani at the USPTO bearing serial No. 75692281 by NutriScience Innovations LLC Ltd. Connecticut and Serial No. 75955444' 'Jeevani Jolt' by Great Earth Enterprises Inc, New York. "While the earlier trademark was filed on 27th April, 1999 and was abandoned on 13th July, 2001 the latter was filed on 8th March, 2000 and is still alive," minister clarified.
The government declaration has come as an official confirmation that Aarogyapacha (trichopus zeylanicus), hyped as Indian ginseng following the invention of the herbal compound Jeevani, is indeed been commercially exploited by the US MNCs. It has also revealed the lack of alertness on the government side as it continues to maintain that 'Jeevani' is patented by TBGRI in India and the license for manufacture of the drug is given to Coimbatore Arya Vaidya Pharmacy. "They have the exclusive right for manufacture and sale of the drug in India and abroad. Accordingly, they are manufacturing and selling the drug," the statement said.
Even though the government claims that the Traditional Knowledge Digital Library (TKDL) will act as a defensive tool against misappropriation of traditional knowledge, it is not clear how it can help retrieve the exclusive rights of the Kerala tribals who had first identified the therapeutic effects of Arogyapacha. As Pharmabiz had revealed recently, at least five US patent claims, some of them international claims, are pending with the United States Patent Treaty Organisation (USPTO) on processes and drug development using herbal extract combinations with Aarogyapacha as the major ingredient. Pharmabiz had pointed out that US-based Phyto Myco Research Corporation (PMRC) and Global Cancer Strategies Ltd., have already filed patent applications.
Pharmabiz had also quoted AVP sources to make it clear that the company had discontinued production of Jeevani following the expiry of the licensing period of seven years, which ended last year. Jeevani hit international headlines following the TBGRI initiative to share the license fee and royalty with the tribal community on 1:1 basis several years ago. India was then acclaimed as the first country in the world to recognise the Intellectual Property Rights of a tribal community and thereby implemented the Article 8(j) of the UN-Convention of Biological Diversity. This model of benefit sharing is now widely appreciated world over and referred as TBGRI model.
However, the trials are yet to receive any major financial benefits out of the whole exercise.