Efforts of the Tropical Botanical Garden and Research Institute (TBGRI), Thiruvananthapuram, to retrieve the trade mark rights of its celebrated herbal compound Jeevani, and offer it for global tender is likely to be delayed indefinitely, as the initiatives still remain in the preliminary stages.

Informed sources told Pharmabiz that the preliminary investigation committee, consisting of a few top-level scientists and subject experts within TBGRI to probe the controversies surrounding the compound, is yet to submit its report. The committee, appointed during early part of April this year was supposed to submit its report within ten days.

When contacted, Dr.G.M.Nair, director of TBGRI said the delay was due to the detailed enquiry being conducted and the committee was likely to submit 'findings' at the earliest. The TBGRI management committee would analyze the report in detail, and if required, would forward it to the governing committee of the organization under the Kerala State Science and Technology Council (KSSTC), headed by Dr.M.S.Valiathan. The governing council was likely to decide the future course of action on Jeevani, elaborated Dr.Nair.

Interestingly, it is learnt that the present committee is only examining the details of post technology transfer dealings between TBGRI and Arya Vaidya Pharmacy (Coimbatore) Ltd. (AVP), the manufacturing and marketing license partner for seven years since December 1996. The conditions for technology transfer had stipulated periodic review of production, sales, benefit sharing etc. However, TBGRI did not verify the details since the compound was licensed out eight years ago. Till date, AVP has transferred Rs 1.65 lakhs as royalty fees apart from the technology transfer fee, and TBGRI lacks details on the production, volume of sales and market penetration, said sources.

Dr.Nair said the priority before TBGRI was to settle the deal with AVP, than immediately attempting to retrieve the trademark rights, as that was necessary for further licensing out the compound. A team from TBGRI was likely to visit the manufacturer to verify the records, once the report was available. Though AVP recently demanded extension of the license period for two years due to unforeseen hiccups in availability of the main raw material Aarogyapacha, TBGRI was unlikely to consider the option of extension, elaborated Dr.Nair. AVP sources also said the company was unlikely to participate in the global tender, as the deal had caused the company losses than profits.

Sources aver that in these circumstances, a bright future for Jeevani has become bleak. Experts 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. Until now TBGRI has not even enquired into the trademark infringement issue, and any move was likely to be initiated only after another few committees involving IPR experts and detailed deliberations at various levels. Even then, an autonomous institution like TBGRI alone would not be able to initiate a legal proceeding in US, unless the state or Central Government comes forward with financial and technical support, noted sources.