The Hindu Business Line : TBGRI meet to take stock of `Jeevani' trademark breach

A MEETNG of the governing committee of the Tropical Botanical Garden and Research Institute (TBGRI) convened for March 15 will consider rearguard action for protecting its rights to the trademark on `Jeevani', a herbal medicine developed by its scientists as a restorative, immuno-enhancing, anti-stress and anti-fatigue agent.

Dr G.M. Nair, Director, TBGRI, told Business Line that the issue would occupy the top slot in the agenda. The institute, an autonomous body under the State Government, will aggressively fight to protect its rights usurped in recent times by at least four to five companies in the US. NutriScience Innovations based in New York and Herbal Holistics International are two among them, Dr Nair said.

The institute will explore the option of involving the State Government and the Centre in the proceedings, since it could not hope to bear the huge financial commitments any sustained campaign would necessitate. Approaching the Council for Scientific and Industrial Research (CSIR), which has tremendous experience in successfully fighting many an IPR-related case, is another option. But the TBGRI did not have a direct channel of communication with CSIR, and would hence need an intermediary to get in touch with the latter.

TBGRI's seven-year licensing contract with Coimbatore Arya Vaidya Pharmacy (CAVP) for manufacturing and selling the drug expires soon and it is about to float a global tender to find a new business partner. The infringing US companies used this transition period to target the drug, which did not enjoy formal trademark protection.

The unique model for Jeevani, developed in partnership with the Kani tribals in interior Thiruvananthapuram, is reputed to be the first world model of benefit-sharing that implements Article 8(j) of the UN Convention of Biological Diversity.

The TBGRI shared the licence fee and royalty obtained for Jeevani with the tribal community on a 1:1 basis. It received Rs 10 lakh as licence fee and 2 per cent royalty on ex-factory sales from the CAVP.

The Kerala Kani Samudaya Welfare Trust, specially formed for the purpose, received half the licence fee (Rs 5 lakh) and received a share of the royalty. The trust funds were used for welfare activities for the Kanis.

According to knowledgeable sources in IPR legal circles, TBGRI would not have found things difficult had the trademark violation occurred in India. What it would have needed was just to initiate proceedings for "passing off", and seek a worldwide injunction.

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