European Patent Office Rejects Neem Tree Patent

[Sprinkraft at aol.com]

Some of us have been following this case for awhile. Its a great victory, and 
may lead to better distribution of raw neem products to the US from Mexico.

Steve Sprinkel
Ojai Ecosystem Services

THE GREENS/ EFA IN THE EUROPEAN PARLIAMENT

PRESS RELEASE

Brussels, 10 May 2000

European Patent Office Rejects Neem Tree Patent

Greens Victory in Anti-BioPiracy Patent Case

The European Patent Office in Munich today upheld objections from the Green 
Group in the European Parliament to a patent granted in 1994 to the 
transnational W.R. Grace company and the US Department of Agriculture for a 
claimed invention of the fungicidal properties of the Indian Neem tree. The 
Examining Division held that the technique used was well-known to local 
farmers, lacked any inventive step and that such indigenous knowledge could 
therefore not be patented.

The case was brought in the name of Magda Aelvoet, at that time President of 
the Greens in the Parliament and now the Belgian Environment Minister, 
together with the Indian Research Foundation led by Vandana Shiva and the 
International Federation of Organic Agriculture Movements (IFOAM). The Neem 
tree has been used for centuries by Indians for its medicinal  insecticidal 
and contraceptive properties and is known locally as the 'free tree'. It is 
also venerated in the culture, religions, and literature of the region.

Green MEP Hiltrud Breyer (Germany) said "This action was brought to 
illustrate how the patent system is being abused by companies and even by 
governments from the North. Genetic resources, which are freely available in 
the South are being expropriated without reward or recognition for their 
traditional custodians. We have long warned of the iniquities of such 
licensed theft. This is Biopiracy at its crudest."

"We know of around 40 other Neem patent applications at various stages in the 
European Patent Office, and there are about 90 such patents world-wide" 
commented Paul Lannoye MEP (Belgium), Co-President of the Greens/EFA Group. 
"At a time when national authorities are supposed to be transposing the EU 
Biotech. Patent Directive into law, there is renewed concern at the obvious 
defects in intellectual property rules and we must take this opportunity to 
protect genetic resources from such uncontrolled privatisation."


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