In 1994, the European Patent Office (EPO) granted a patent to the U.S. Department of Agriculture and the multinational company W.R. Grace for a method of controlling fungi on plants using oil extracted from the Neem tree (Azadirachta indica).
- The Issue of Biopiracy: Similar to the Turmeric and Basmati cases mentioned in the sources, this was viewed as an act of biopiracy. The medicinal, fungicidal, and pesticidal properties of Neem had been part of India’s traditional knowledge and utilized by local communities for centuries.
- How India Fought the Patent: The challenge was not led by the government alone but by a coalition including Dr. Vandana Shiva and her Research Foundation for Science, Technology and Ecology (RFSTE), the International Federation of Organic Agriculture Movements (IFOAM), and others.
- They filed an opposition at the EPO, providing evidence that the fungicidal effects of Neem extracts were "prior art"—meaning the knowledge was already in the public domain and widely used in India.
- They argued that the patent lacked novelty and an inventive step, both of which are required criteria for patentability (concepts also discussed in your sources).
- The Outcome: In 2000, the EPO revoked the patent, agreeing that the fungicidal properties of Neem were known and used in India long before the patent application. This was a significant victory for the protection of traditional knowledge against unauthorized commercial exploitation.
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| Neem Patent Controversy timeline |
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