The turmeric effect

The Turmeric Effect created by the successful opposition of a US patent on Turmeric by CSIR, India, has made its name known not only amongst the millions of common Indian people but also all over the world for its capabilities and expertise in taking up this techno-legal issue to its logical end and by showing to the world that, the India can take on any such complex issue at any international platform, like the present case which has been handled at one of the strongest and exemplary Patent Offices in the world USPTO. This case, very clearly, brings out the weakest links in one of the strongest patent systems and at the same time attempts to allay fears of those who think that once India fulfils its obligations as committed under WTO by amending its IP laws by 2000, the country would be forced to play on an uneven playing field and that the developed world would take advantage of the IP system under WTO. Starting with a brief introduction to turmeric, this paper traces the various developments beginning with the genesis of the re-examination proceeding initiated against the US Patent No. 5401504 on turmeric and then focussing on how this issue was successfully litigated by CSIR. The article emphasises the importance of a very thorough search of the existing disclosures, both patent and non-patent, in dealing with the patentability of aspects of the use of traditional products. Some such disclosures may be very old or in particular languages, but nevertheless highly relevant.