The move of the Intellectual Property Rights (IPR) Awareness Forum of Kochi to file opposition suits in US courts against the attempts of two US companies trying to secure trademark rights on 'Ayurveda' may be indefinitely delayed due to lethargy by the fellow ayurvedic community in Kerala.
IPR Awareness Forum, which got assurance from a few leading ayurvedic drug manufacturing firms in the state to sponsor the expenses for initiating the legal proceedings, was yet to receive any further communication from the ayurvedic community and the drug manufacturers, advocate K Radhakrishnan Nair, president of IPR Awareness Forum told Pharmabiz.
The forum had convened a seminar in Kochi during March this year to discuss the issue and the participants including ayurvedic medicine manufacturers, NGOs, academic community and other interested stakeholders had offered to extend whole hearted support to fight the case and to share the financial commitment. The issue was also widely discussed in the media.
"We contacted about five to six attorneys in US to fight for our cause. Though their response was not bad, they were demanding fees to the tune of US$ 2000. That amount is unaffordable for a small organization like IPR Awareness Forum. That was why we tried to create awareness about the issue and sought help from drug manufacturers who are going to be the prime victims if the US companies secure the ayurveda trademark rights. Many firms had offered financial help at the meeting. But the response thereafter was not that encouraging,'' said Radhakrishnan Nair.
He said IPR Awareness Forum would continue to explore other possible options to pursue the case.
It is to be noted Om Organics, an American Limited Liability Corporation, has filed a trademark application for "Ayurveda Organics" under international classification 005, for numerous basic Ayurvedic ingredients and herbal supplements. These include Turmeric, Gotu Kola, Flexibility formula, Bowel Care Formula, Liquid Minerals, Shilajit, Aswagandha, Shatavari, Triphala, Neem, Tulsi, Holy Basil, Massage Oils, and Tongue Cleaners etc. The application was filed on 9th November 2003 with the US Trademark and Patent office.
Similarly, the applicant Zeman, Walter, of J Individual United States has filed trademark application on 3rd May 2002 for word mark 'Bioregenesis Ayurveda Complex' for 30 odd goods and services related to drugs and herbal cosmetics. Though the US patent office has published the same for filing any opposition since 10th February 2004, so far none has come forward to file any objection, same as in the case of Om Organics.
In the new patent regime, the companies could prevent Indian ayurvedic manufacturers from selling any ayurvedic medicines and nutraceuticals in future in USA, if the US Patent and Trademark office grants trademark rights to these companies, it is feared.