The management committee of the Tropical Botanical Garden & Research Institute (TBGRI), Thiruvananthapuram, has not considered yet the report of the Preliminary Investigation Committee that looked into the controversies on trademark loss for its celebrated compound Jeevani to a US firm and details of the technological transfer deal with the Coimbatore Arya Vaidya Pharmacy (AVP) Ltd.

Informed sources aver the inordinate delay in action on the part of TBGRI management in retrieving the trademark rights have virtually shut out the hopes of TBGRI to out license the compound with a global tender, following the expiry of its manufacturing license period with AVP during November, 2003.

Sources said the Preliminary Investigation Committee submitted its report a few weeks ago. Interestingly, this internal committee consisting of a few top-level scientists and subject experts was appointed during early part of April this year and was supposed to submit the report within ten days.

The committee was to assess the present patent and trademark status of the compound, verify reports on Nutrisciences Innovations LLC of US filing a trademark right in US, review of technology transfer and its results, possibility of retrieving the trade mark rights and floating global tenders to offer manufacturing license etc. The appointment of this committee, happened only after two months, following a series of Pharmabiz reports and a resultant controversy which attracted national attention, is an example of blatant bio piracy by US firms.

When Pharmabiz contacted Dr. G M Nair, director of TBGRI, he conceded the management committee is yet to assess the report. "The report was submitted a few weeks ago. But, I can't comment anything at this stage as the management committee has to discuss it to decide on future course of action," said Dr. Nair.

According to informed sources, even if the management committee decides to initiate legal proceedings against the US firm to retrieve the trademark right, the decision has to get concurrence from the Kerala Government and from the steering committee of TBGRI headed by Dr. M S Valyathan, chairman of the Kerala State Science and Technology Council.

With the new political developments in Kerala, an early decision on this was unlikely in the present circumstances. Further, the various quarters interested in the fate of Jeevani, including the TBGRI authorities, prefer the issue to be in oblivion considering the cost factor and various legal formalities involved in filing patent infringement case in US courts. Thus, it could be perceived that overseas companies and interested parities have hijacked the renowned compound, that could have matched the Korean Ginseng in the international markets, forever, say sources.

It may be noted that experts had pointed out it was imperative on the part of TBGRI to immediately initiate legal proceedings against the US firm that secured trademark rights in that country, as further delays could weaken its claims.