The Tropical Botanical Garden and Research Institute (TBGRI) developed herbal medicine Jeevani at present lacks even a valid Indian patent protection in accordance to the rules of the country, it is learnt.

It is to be noted that Pharmabiz had earlier revealed Nutrisciences Innovations LLC of USA had taken a product patent for the herbal compound and numerous firms were selling Jeevani based products in the overseas markets without the authorization of either TBGRI or its manufacturing and marketing licensee AVP, as per the claims of both the institutions.

Informed sources told Pharmabiz that the Indian process patent for Jeevani was filed in 1996, and it would have expired in India latest by 2003. Patent validity period for healthcare products in India is only for seven years from the date of filing or five years from the date of grant, whichever is shorter, according to the rules of Indian Patents Act 1970.

In both the cases, the patent protection for Jeevani was over, and in the present circumstances, it was almost impossible to legally challenge any company claiming for its patent with the same compound or a similar product with same combinations, Dr M D Nair, renowned IPR expert and pharma consultant indicated to Pharmabiz.

Most importantly, it is a sure setback not only to the belated efforts of TBGRI to retrieve the product patent, but also to sell the tribal drug with a global tender after its seven year old technology transfer to Arya Vaidya Pharmacy of Coimbatore expired in November 2002.

Experts are of the opinion that TBGRI will have to take a fresh patent for the compound, most likely in another name, and start the whole process again from the very beginning, which may take many years.

"So the picture is emerging like this. The Government owned TBGRI and a group of scientists snatched the many century old traditional medicinal knowledge of the poor Kani tribals for a few lakhs and big promises, sold it to a private company, and ultimately to the foreigners who hijacked the knowledge and its fortunes for ever. Kanis are the ultimate losers in the bargain" summed up an industry observer in Kerala, while reacting to this.