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The Economic Times HARINDER S SIKKA  The genome project opens up new vistas for gene based drugs, an area that India could well be a super power in. However, there are some very serious issues that not only need to be quickly understood, but also need to be implemented and supported by suitable legislation. India has, for example, Over' 6000 tribes and the- largest gene pool reserves in the world., Besides, it as0 possesses centuries old rain forests, tropica1 plants and wide range of Himalayan herbs, that has worked for over a 1000 years in curing scores of diseases. Given a choice, the western world would like to exempt plants and animals from coming under the IPR regime which, in other words, would put the' Third World countries s into great disadvantage. The gene pirates on the other hand, have been illegally taking out thousands of blood samples and herbs and patenting their genetic characteristics in order to make a quick buck in the future.
The moot question that needs to be answered is, "can inherited wealth of a developing nation be patented by a developed country just because it possesses enormous money power'?" On the other hand the human body and its l00,000 genes are being mapped by scientists, the bio-sleuths on the other hand are spreading their fangs and patenting everything that could be even remotely profitable. In turn, the 'gene war' between industrialised and emerging nations is hotting up and India stands a poor chance to protect its inherited wealth, unless some very drastic measures are taken through a long term strategy.
At risk is the centuries old concoction of the Onge tribe of .Nichobar Islands that has safeguarded them against Malaria, the Kanis tribe of coastal Kerala that used berries from a plant called aarogyappacha that provides strength and energy and removes fatigue. Equally at risk is the brew of the snake charmers that effectively provides antidote against snake bite as we11 as many eye' diseases, If a concoction that has worked 11 cessfuIly for these tribes for over a 1000 years, it does not need to stand a further test, though it deserves to be studied and systematically analysed.
At risk therefore, is the work of over 6000 tribes that is capable of saving billions of dollars in research alone. It is of paramount importance to systematically record their work lest it falls to the weight of sheer money power of the developed and industrialised nations.
While economic issues are ruling the roost behind hundreds of gene patents, the ethical issues are far from being resolved. It is true that scientists need to be rewarded for their work on genes. However, the major share of the study, the IPR and the wealth accruing thereof should be automatically made part of the inherited property of the nation that provides the basic source.
Pharmaceutical companies are trying to have the lion's share in the gene pie via the drug route, One such gene based drug, Herceptin used for fighting breast cancer is valued at millions of dollars in the future market. Since the genes are capable of giving complete guidance to scientists from drug manufacturing to individual level treatment, its route in pursuing and increasing the human welfare level and growth therefore cannot be put behind the iron bars of a patent. Simultaneously, herbs, tree bark, animals, insects, bacterial growth and earth should not be allowed to be patented and in fact, should be reserved as property of the soil. If there is one country in the world that possibly stands more threatened from the gene piracy, it is India. Given our poor track record of rules and regulations and even poorer record in implementing procedures and delivering machinery, the country could lose rights to it own property to scientists who have been able to understand and exploit its wealth, It is, therefore, the duty of the Indian scientific community in general and government machinery in particular to set up a high level committee in order to evolve a policy to protect the generic wealth of our nation before it is too late, (Tile author is president, Piramal industries ltd) |