Neem Patent Revoked
May 22, 2000
MUNICH--On May 10, the European Patent Office revoked patent #436257, which pertained to a fungicide derived from the seeds of the Neem tree. The patent was granted to the United States and the W.R. Grace Corp. In 1995, the Research Foundation for Science, Technology and Natural Resource Policy, the International Federation of Organic Agriculture Movements (IFOAM) and Magda Aelvoet lodged a legal opposition to the patent on the grounds that it was not an invention--neem had been used for centuries.
"We were certain from the beginning that the U.S./Grace patent did not satisfy the basic requirements for a patent," said Dr. Vandana Shiva. "How could the United States or W.R. Grace say they invented something which has been in public use for centuries?"
According to the organizations that opposed the patent, this case sets a precedent for the case against biopiracy. "This is a great day--not only for us, but for all [those] who have been fighting to take back control of their resources and knowledge systems from the patent regimes of the North," said Linda Bullard, IFOAM president. "We hope that our victory will make a turning point in the struggle against biopiracy."
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