P. Pushpangadan Model of benefit sharing.

 


The 'Kani' people were kept informed of the progress of this interesting results and assured them again that if any marketable products were developed out of this plant, derived from the products would be shared equally with them. The author very soon realized that the classical pharmacological approach to study the traditional remedies of medicinal plants by isolating single compounds may not be satisfactory and an ethno-pharmacological approach was adopted to evaluate this plant. By this time the author got the offer of the Directorship of Tropical Botanic Garden & Research Institute (TBGRI), Trivandrum and he accepted the same and joined there in November, 1999. At TBGRI, the author soon established a full-fledged Ethno-pharmacology Division and recruited scientists from disciplines of Botany, Pharmacology , Phytochemistry, Biochemistry, Pharmacy and Ayurveda. Within a period of two years a scientifically validated, standardized herbal formulation 'Jeevani' was formulated with 'Trichopus zeylanicus' and three other medicinal plants as its ingredients. Evaluations related to toxicity efficacy, shelf life and clinical properties were carried out by TBGRI, and the drug was ready by the end of 1994.

Many pharmaceutical companies approached TBGRI for availing the technology for commercial manufacture of 'Jeevani'. But, before transferring the technology Pushpangadan wanted to ensure by a legal mechanism for sharing the benefits with the 'Kani' tribe and thus to honour the word of promise he gave them while getting the lead from them. It was, however, a very difficult task. He had to undergo very difficult situation to get it approved by the competent authority of TBGRI. Being the Director of TBGRI , Pushpangadan is also the Secretary to Executive Committee and Governing Body of TBGRI. He thus prepared an Agenda item and presented a proposal for sharing the benefits (on 1:1 basis) deriving from the technology transfer (licence fee and royalty) with the Kani tribe. He gave a self explanatory account about the whole story of the development of the 'Jeevani' and also told about the assurance given to the Kanis by him. He has also pointed out the Article 8(j) of the UN-CBD and argued that we are legally bind to agree for such a benefit sharing as CBD has been ratified by Govt. of India in February, 1994. After much discussion, the EC finally approved the proposal and told to get it ratified by the Governing Body. Subsequently, it was ratified by the Governing Body. It was a landmark decision of an R&D Institution in India, perhaps in the whole world.

In 1996, the technology for commercial manufacture of 'Jeevani' was finally transferred to Arya Vaidya Pharmacy (AVP), Coimbatore for a period of seven years against a licence fee of Rs. 10,00,000 (US $ 25000 approx.), and for a royalty of 2.5% on ex-factory sale of the product. The prime concern of the tribals in the beginning was to evolve a viable mechanism for receiving such funds.

 
 

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