DECCAN HERALD / Friday, May 12, 2000
NEW DELHI, May 11 (DHNS) - After six years of persistant campaigning and legal challenge, the Neem campaign started by Delhi-based Research Foundation for Science, Technology and Ecology won a major victory against biopiracy after it was able to get the neem patent revoked in Europe.
At the conclusion of a two-day oral proceedings, the Opposition Division of the European Patent Office (EPO) at Munich yesterday completely revoked a controversial patent which had been granted to the US Department of Agriculture and the multinational corporation W R Grace for a fungicide derived from seeds of the Neem tree.
The legal opposition to the patent was lodged five years ago by the Research Foundation led by scientist Vandana Shiva in cooperation with IFOAM (International Federation of Organic Agriculture Movements), and Magda Aelvoet, former Green Member of the European Parliament and current Environment Minister of Belgium, a press release by Research Foundation said today.
Following extensive testimony by expert witness Mr Abhay Phadke from India, the panel judged that there was no inventive step involved.
Dr U B Singh, another expert witness present had also provided affidavits which confirmed the prior art of the use of Neem as a fungicide.
"We were certain from the beginning that the US/Grace patent did not satisfy the basic requirement of a patent... We hope that our victory will mark a turning point in the struggle against biopiracy," said Vandana Shiva, adding that the neem patents are a clear case of piracy of Indian indigenous knowledge.
"This is a great day not only for us but for all people throughout the world, especially from the Third World, who have been fighting to take back control of their resources and knowledge systems from the patent regimes of the North," said IFOAM president Linda Bullard.
At midday on the first day of the hearing demonstrators gathered in front of the EPO building holding banners reading "No patent for theft" and carrying signs representing all the European patents which have been granted or are pending on the neem.
(posted without permission)
