Minutes of Consultation Meeting on Issues Related to Traditional Medicine, including Trade, Standards and IPR. (19 January 2017)

Transcription

1 Minutes of Consultation Meeting on Issues Related to Traditional Medicine, including Trade, Standards and IPR (19 January 2017) The Consultation Meeting on Issues Related to Traditional Medicine, including Trade, Standards and IPR was jointly organized by the RIS and Ministry of AYUSH on 19 th January 2017 at Silver Oak Auditorium, India Habitat Centre, New Delhi. The Consultation fully endorsed the RIS proposal for setting up of a Forum on Indian Traditional Medicine (FITM) at RIS. The objective of the multi-stakeholders consultation was to consider steps to be initiated for regular discussion, monitoring and strategizing of global developments including IPRs and other regulatory measures that impinge on the prospects of Indian Traditional Medicine (ITM) and strategies to improve access of ITM globally and also ways to provide for more research studies on traditional medicines through FITM. The Welcome Remarks were delivered by Prof. Sachin Chaturvedi, Director-General, RIS. The session was chaired by Amb. Shyam Saran, Chairman, RIS. The Inaugural Address was delivered by Shri Ajit M. Sharan, Secretary, Ministry of AYUSH. Remarks were also given by Remarks Shri Anil Kumar Ganeriwala, Joint Secretary, Ministry of AYUSH. The summing up and vote of thanks was delivered by Prof. T.C. James, Visiting Fellow, RIS. Representatives from industry, academic/research institutions, government, and civil society actively participated in the Consultation. The complete list of participants is attached in the Annexure I. Key points: Prof. Sachin Chaturvedi Director-General, RIS Prof. Chaturvedi spoke about global imperatives of various regimes in the realm of IPRs and standards particularly related to sanitary and phytosanitary measures and technical barriers to trade. There are key issues in terms of exports of traditional medicine products and at times Page 1

2 related to services. The challenges are multiplying many folds and there is a need for inter disciplinary cooperation. He also mentioned that the issues related to biodiversity, standards and access & benefit sharing need to be addressed. Amb. Shyam Saran, Chairman, RIS Amb Saran highlighted the paradox that India faces, when it comes to technology there is enormous pressure from the West for a strict IPR adherence but in the area of traditional knowledge the West does not demand a strict IPR. He emphasised the need to safeguard our traditional knowledge as well as create new opportunities. He further mentioned that India needs to meet daunting health challenges that it faces. There is a constant need to find alternate measures and mobilize this knowledge for health and other developing countries. Shri Ajit M. Sharan, Secretary, Ministry of AYUSH Shri Sharan mentioned that traditional knowledge in WIPO has been lumped as a homogeneous entity. There is a huge body of knowledge which is not even documented in India. Traditional knowledge in the context of Africa would mean different than the traditional knowledge in India. The issue of IPR with respect to benefit sharing for both codified and uncodified knowledge remains. In the context of codified knowledge, the concern is about which communities should be the beneficiaries of this knowledge. Should the money go to Research or the govt mandated funds? In context of uncodified knowledge, there is no inventory for the knowledge that exists. There should be an informed debate to integrate the social perspective and legal perspective to develop a comprehensive view. Shri Anil Kumar Ganeriwala, Joint Secretary, Ministry of AYUSH Shri Ganeriwala spoke about the Globalization of Yoga and mentioned that the government support has come up in a big way after the creation of International Day of Yoga. The challenge is to globalize other systems of AYUSH particularly Ayurveda. The Ministry of AYUSH has been mandated to promote Ayurveda, Yoga, Unani, Siddha and Homeopathy. He highlighted that India s stand in WIPO also requires us to build a comprehensive national strategy. Presentation by Ministry of AYUSH Points to be taken into consideration from Open Discussion IPR issues and regulatory frame work for Traditional Medical Knowledge Initiate systematic documentation of Traditional Medical Knowledge (TMK) from the oral health traditions (Not codified) by establishing a National Network Programme. (Procedures adopted on Systematic documentation of TMK by JNTBGRI can be considered as a model for developing National Network). Page 2

3 Introduction of uniform Prior Informed Consent (PIC) for obtaining TMK from TMK holders/providers/custodians in consultations/approval from National Biodiversity Authority. Formulate regulatory frame work/mechanism for establishing defensive and positive protection of TMK. Strengthen the existing Biodiversity Act (2002) & Biodiversity Rules (2004) in connection with access to genetic resources and cultural expressions associated with TMK. Peoples Biodiversity Register (PBR) is one of the rich sources of information on TMK. The protection of PBR both at defensive & positive level is to be established initially under the Copy Right Act (1957) amended as on 2012 in the form of PBR as such or in the form of database. Scope, modalities and mechanism of Access and Benefit Sharing (ABS) is to be worked out under the Suigeneris system. Studies on ABS so far carried out at National & International level is to be documented and modalities worked out for designing new/novel models for the preparation of future guidelines/action plan. Trade Sector Establish an All India Coordinated Research Project on TMK for conducting survey on existing status of collection, processing, storage and selling practice of raw materials (Medicinal Plants dry and fresh form) and allied base materials like honey, bee wax, sesame oil, coconut oil, ghee (clarified butter), etc. Status of Good Manufacturing Practice (GMP) of finished products like classical preparations, proprietary drugs, patented drugs, nutraceuticals, etc. Mapping current selling practise/network of raw materials and finished products. Assess the cultivation of Medicinal Plants and its selling practise. Assess the existing marketing network of finished products at national and global level. Identify the current issue of the problems related to selling network of raw materials and finished products. Research To establish good collection, processing, storage and selling practice of medicinal plants. To enrich Pharmacopoeia related to Ayurveda, Siddha and Unani by adding hither to unknown medicinal plants based on TMK (Oral health tradition). To develop single/ simple novel formulations (maximum 2 or 3 ingredients) based on TMK in terms of preventive, promotional, corrective and curative level especially for treating lifestyle disorders, emerging and re-emerging infectious diseases and for primary health care through conducting multi-disciplinary, multi sector and multi-dimensional Page 3

4 research programmes involving inter-institute collaborations at National and International level. Development of new standardised herbals; Ayurveda/modern drugs based on TMK (Oral Health Tradition) by ensuring benefit sharing mechanism. To ensure quality, safety and efficacy according to WHO guide lines. To ensure maximum protection of new products through filing patents, technology transfer, commercialization and benefit sharing. To explore the possibilities of integrating TMK in to modern medical sector to fill the gap between these two systems. Strategies to be worked out Formulate by-law, rules, regulations, guidelines of the forum with an effective functional network in a transparent manner. Structure and components of the forum should be designed to execute/ implement the vision, mission and activities of the forum. Ensure possible legal sanctity between the member countries for better functioning, coordination and implementation of common/special programmes. Page 4

5 Annexure I List of Participants for the Stakeholder Consultation on International Trade, Standards and IPRs in Traditional Medicine 19th January 2017 Name Organization Mobile Number Aakangshita Dutta Deputy Director, CII aakangshita.dutta@cii.in Ajit Kumar Khushigram khushigram@gmail.com Anil Ganeriiwala Joint Secretary, Ministry of Ayush jsakg-ayush@nic.in Anindya Chatterjee IDRC achatterjee@idrc.ca Anubhav Dutt Tiwari Research Associate, OP Jindal Global University adtiwari@jgu.edu.in Dr. D. Ramanathan MD, Sitaram Ayurveda md@sitaramayurveda.com Dr. D.C. Katoach Advisor, Ministry of Ayush dc.katoch@gov.in Dr. Farah Ahmed Ministry of Ayush farah_a@rediffmail.com Dr. G. Senthilvel Ministry of Ayush siddha.senthilvel@gmail.com Dr. Gautam Vohra Managing Director, Kaagaz International Publishers gvgautamvohra@gmail.com Dr. Ghazala Javed Ministry of Ayush ghazala.javed@gov.in Dr. H. Purushotam Chairman and Managing Director, NRDC cmdnrdc@nrdc.in Dr. Madhur Gupta Technical Officer(Pharmaceuticals), WHO guptamadh@who.int Dr. Mira Shiva Initiative for Health and Equity in Society mirashiva@gmail.com Dr. Mohammad Fazil Assistant Director, Ministry of Health & Family Welfare, Dept. of Ayush fazildr@yahoo.com Dr. Mukesh Kumar Director, CEFIPRA mukeshk1902@gmail.com Dr. Nandini K. Kumar Former DDG, SG(ICMR), Chennai nandkkn@yahoo.com Dr. Nutan Kaushik Senior Fellow and Area Convenor, Plant Biotechnology, TERI kaushikn@teri.res.in Dr. Pradeep Kumar Dua Research Officer (Ay.), Ministry of Ayush duapradeep@gmail.com Page 5

6 Dr. R.S. Ramaswamy Director General, CCRS Dr. Ritu Priya Centre for Social Medicine & Community Health, JNU , Dr. Satinder Bhatia IIFT Dr. Singray Soren Advisor, Ministry of Ayush Dr. Suniti Chugh Ministry of Ayush Dr. V. Sujatha Centre for the Study of Social Systems, JNU Dr. Vijay Chauthaiwale In-Charge, Foreign Affairs Department, BJP Dr. Vipin Sharma Ministry of Ayush Ekta Kapoor Dept. of Science and Technology Gajanan Wakankar Independent Researcher Harsh Lata OP Jindal Global University Kavya Susan Mammen Centre for Innovation, Intellectual Property & Competition (CIIPC), National Law University, University of Delhi P. Manivel Principal Scientist (Plant Breeding) Pallavi Joshi Research Associate, ICRIER Patralekha Chatterjee Journalist Pritam Arora Utkarsh Mail Prof. Y.S.R. Murthy OP Jindal Global University Rajinder Sood Ministry of Ayush Rita Gupta Scientist, Dept. of Science & Technology Saradindu Bhaduri CSSP, JNU Sudip Kumar Jha General Manager, REX (U&A) Remedies Pvt. Ltd Sunita Tripathy Assistant Professor, Jindal Global Law School Usha Mahajan Freelancer V.K.Jain Senior Manager, NRDC, New Delhi Vasudha Wattal Research Associate, ICRIER Vijayalakshmi Asthana CSIR - TKDL viji@csir.res.in Vindhya S. Mani Lakshmikumaran & Sridharan Attorneys vindhya.s@lakshmisri.com Page 6