Ayurveda IPR

Let Indian Sciences Flourish IPR Perish
Today we speak of globalization, industrialization, and computerization and a lot about Intellectual Property Rights (IPR). So it is natural to wonder if people in ancient India ever thought of issues like patent laws, intellectual property rights. Dwelling in to the pages of history we find very fascinating ideas, which would be of great interest to us now.From ancient times, Ayurveda & the Vedic sciences have made significant contributions to the world civilization, sciences and culture that are extra ordinary knowledge in all areas of human pursuits. These contributions, mostly unknown to the wider world, in many situations unacknowledged and often distorted, need attention not only for better understanding and appreciation of the human past but also to adopt these measures at present, to achieve global harmony which was the motto of our ancient rishis, who aspired to achieve peace, prosperity and perfect health for all. PatentPatent is defined as a statutory grant of right to an inventor in his own invention from which all others are excluded, as long as the grant runs it is granted only to new inventions having novelty and utility, which are capable of industrial application, is granted by the controller of Patents. Application for a patent can be made by any person claiming to be the true and first inventor or by any assignee or a legal representative of such an inventor. Were there no inventors in ancient India? If there were inventions then was the invention not commercially exploited? Did the inventor get any license or recognition or monetary benefit out of it? If patents were granted –who was competent to grant them and how was it done? Can we think of bringing back that system again to achieve universal brotherhood? Further let us see what are the unique contributions from.A frequent comment heard in scientific and lay circles, is that "we should patent all our traditional knowledge and biodiversity."However, neither traditional knowledge nor biodiversity can be patented by indigenous practitioners because for indigenous societies, it is not 'novel', it is ancient, it is a way of life. The reason that the collective and cumulative innovation of millions of people of thousands of years can be 'pirated' and claimed as an 'innovation' of western trained scientists or corporations, is because of two reasons.
The first reason is the colonial hangover of the idea that science is unique to the west, and indigenous knowledge systems cannot be treated as scientific. The second reason is that developed countries, where most pirated indigenous innovations are filed for patenting, do not recognize the existing knowledge of other countries as prior art.
Thus, while patent regimes offer no protection to indigenous communities for their common innovation and resources, they allow the appropriation of this biodiversity and knowledge by scientists and commercial interests of other cultures, including members of the 'modern' scientific culture in their own societies Traditional knowledge Knowledge is considered to be the product of individual creativity today but Knowledge was considered the most precious gift which knew no limitations of space or time, was freely given to the aspirant from the guru and this tradition was known as the guru paramapara .The guru got the knowledge from His guru and after adding his expertise (experience) passed it to his student-this was true with all ancient traditional knowledge.
These residential universities or unique hermitages were given grants, protection and all facilities by the royal not because the seers needed them but as the royal thought it their duty towards the society. In such serene places where wisdom reigned supreme knowledge was handed down in all humility and received with equal or more reverence and gratitude. “Let noble thoughts come to us from everywhere, let all beings live happily, free from the fear of death and diseases," and many more such ideals were the guidelines for the (seers) scientists par excellence who worked for the betterment of every living creature and having inculcated such aims were so selfless that thinking of petty personal benefits was unknown, unheard and unthinkable too. In a conducive atmosphere each individual becomes better, then achieves the best in his chosen field of excellence and such progress of that individual is due to many reasons and also the influence of exemplary personalities.
Expressing gratitude and acknowledging their influences is the true mark of a scientist Indian society has inherited a rule that each individual owed at least three debts (r na)-one was –to his parents, though the teacher was given guru dakshina still this was just a token of sincere gratitude and was inadequate and the guru r NA remained and the third is what we owe our motherland or society for all that has been bestowed upon us most of the time unasked.
When a person is repaying such a debt what can be expected in return except the feeling of intense fulfillment? People in ancient India believed that balance in every way was achieved and maintained by this-fulfillment.
The bliss that a scientist or inventor experiences doing his job is something beyond understanding of a businessman and it could never be marketed, for no money can really bestow such happiness, in fact the selling of such an achievement really undermines the price of the priceless.
So in ancient India the invention of anything and everything useful to the society was offered as a salutation to the God, Guru, parents or the ruler and in turn was blessed further progress Yashasvi bhava, Dergha ayushmanbhava) or the ruler would award him with material benefits or title and engrave the details of such invention either on stone or other inscriptions for the benefit of the whole society.
Inventions and medicinal formulations all would not be for sale, it would be handed down from ancestors to the family as a heir but seers were not controlled by such limitations and knowledge was freely given with only a promise that it be used for the benefit of all living beings
Can we expect people to become so noble today? Do we allow some thing o materialistic as IPR to destroy the ideals of universal brotherhood?
Shall we claim IPR for all these? In many spheres of excellence, we hardly know anything about the person behind the achievement but it is more because our seers were so selfless that they wanted knowledge to reach a larger population and were not really interested about their personal fame, name or any monetary benefits either.
Whether the seer desired to be recognized or not fame came to them and we see the names attached to their contributions, to cite a few examples -Patanjali's Yoga sutras, Pannini's vyakaranashastra, Gautam's nyaya shastra, Bharata's natya shastra, kautilya's artha shastra and many more shastras known by the name of the founder or redactor or commentator.
To quote examples from Ayurveda is easier but it is just a bird's eye view of the vast expanse we know today as Ayurveda – Blood circulation was known to Indians even during the Vedic period and the latter classical text books give a precise and perfect description of circulation, it's disorders and management which has stood the test of time. Neurological disorders like Multiple sclerosis, Alzheimer's diseases, Myasthenia gravis, Parkinson's diseases, paralysis etc. was all known to Acharya Charaka.
The scientific basis of Ayurveda is laid on strong foundation of holistic genetics, and much more and genetic transformation was in vogue, each individual is treated, not a disease and this concept is slowly gaining importance today. Molecular medicines, concepts of human genome project, which are still in infancy today, were understood and the principles put into practice. Vedas describe amputation, artificial limb and eye transplantation, surgery to change sex, latter Sushruta added many surgical techniques. Among which well known are –reconstructive surgery, cataract surgery, management of fractures, sepsis, wounds, severe bleeding etc.
Surgery developed as battle field causalities demanded it. Surgical instruments were modeled based on requirement of each case Different scopes with multi purpose were all utilized for both visualizing and conducting surgeries. Anti aging, aphrodisiacs, which are just gaining popularity today, were well-developed specializations of medicine in those days. Chyavanaprasha, which is well known for bestowing youth, vigor and vitality, was formulated by Bhrigumaharishi (we find references saying that it was formulated by Bhrigumaharishi) though it was and is one of the best formulations, the Maharishi never would have dreamt of claiming any material benefit, for it was meant for achieving perfect health for all and forever. Doing his part in achieving this would have been the best remuneration he ever thought of.
Dental caries, some types of conjunctivitis, fevers, tuberculosis, skin diseases, leprosy etc. have been described to be caused by microorganisms and management of infections was very well known and a more scientific approach to raise tissue immunity to fight such conditions was outlined and practiced. Environmental pollution and it's prevention was well forecasted and prevented. The world today has started utilizing Homa-dhyana-gem therapy-aromatherapy etc. all got from Ayurveda Ultra sonography which is being used as a diagnostic tool now, had been in vogue as treatment of emergency conditions.
mantra-mani etc. Chikitsa which was suggested for all emergency conditions is only because of the sound energy, the powerful vibrations which could be assessed by action and not by visualizing Highest number of flora and fauna have been experimented and utilized as treatment from times immemorial.The purification of poisonous metals, minerals and animal product has been described. The influence of heavenly bodies on plants, animals, the effect of them on each cell was understood What happens in the macrocosm has an impact on the microcosm been well appreciated then. Forensic medicine, bioweapons etc. –you name a field of specialization, Ayurveda has its own contribution to make which are time tested. Patents of one individual in ancient IndiaThe name of siddha Nagarjuna seems to be given a lot of importance and in many places we find his name attached to some theories, formulations and discoveries-it is as follows-SiddaNagarjuna Rasavada, (theories of the different elements including mercury, tastes, potencies etc.)
Nagarjunaabhra (a medication comprising mica etc. advocated in cardiac diseases), the whole or part of ancient Sushruta Samhita was redacted by Nagarjuna, (this work was given a lot of addition by Nagarjun that made the date of this work questionable).
Today we find inscriptions at Pataliputra which describes the medication invented by Nagarjuna ,which is effective in many eye diseases-it is known as Nagarjuna varti. Arogyavardhini, which enhances health-a herbo mineral formulation used today, was invented by Nagarjuna. The contribution of Nagarjun in the field of alchemy and medicine reveals that poisonous materials like compounds of arsenic, lead, iron, gold, mercury, etc. could be utilized. The title prefixed to this name –siddha tells that he had attained siddhi, and the achievements associated with his name are so many and in so many areas of science that people think that it could have been many individuals with the same name or latter ones could be either tittles conferred to honor the person of achievement. This Nagarjuna is said to have achieved the science and art of turning base metals in to gold, and also attained magical –mystical powers of walking on water, flying in air and also that of becoming invisible etc.
Book entitled “Nagarjuna tantra “ describes tantra which depicts knowledge of physics, chemistry, medicine, astronomy, mathematics, astrology, defense technology etc. .A lot about this versatile genius is shrouded in mystery just as all other ancient achievers who have remained unknown as individuals Agastya is another name which has been associated with many formulations, constellations, plants etc. as-Agastyarasayana, Agastyahareetaki lehya, Agastyarasa, Agastyasootaraja rasa, Agastyapushpa and Agastyanakshatra. Can history bring back lost glory to us?Imagine the fate of the whole world if we Indians claimed royalty for the above and some I quote below—The concept of zero, Branches of mathematics even the technique of calculation, called algorithm, which is today widely used in designing soft ware programs for computers was also derived from Indian mathematics. Navigation was introduced by Indians 6000 years ago. Chess, which is so popular all over the world, was a contribution from India.
Yoga (all religious practices, meditation, yoga asanas) came from the selfless seers so that people all over the world lived like one family. Steel, metal smelting, knowledge of minerals and metals utilized for industrial purposes. The above is just the tip of an iceberg, Indian knowledge compared to an ocean is yet to be explored for its wealth is unfathomable and can never be explored in totality. What constructive steps can be taken? But can we today be so generous as our ancestors? What should be done in this aspect? Do we need to take some constructive steps towards curbing this IPR-which some one rightly expands as-Instrument of Piracy of resources? Or can the contribution of our traditional sciences, art of living so scientifically, each of our cultural resources be patented as Indian, as we Indians are the legal heirs of our Rishis?
Need to unite and formulate certain rules which could be applied universally to safe guard traditional sciences is a much debated issue and an urgency to come to early consensus should be felt at all levels. A good beginning would be to start writing all that our ancient heritage has given us, reformulate unique research methods suitable to present them in the right perspective. It is every patriot's duty to not only to throw light on all related issues but also to claim what rightly belongs to India. We acknowledge that Swadeshi Science movement is a right step in that direction.
It is essential to work united and fast before we lose much more of our rich cultural heritage. Either be passive and lose to the developed world or be positive and patriotic to bring back glory to our ancient Seers-we should make the right choice-is it not? “Science without religion is lame and religion without science is blind,” so said Albert Einstein and all Indian sciences are a beautiful blend of both and that is one main reason for it to be so simple, yet so holistic, so ancient in origin yet so adoptable for even centuries to come. ReferencesProtection of Plants, People and Intellectual Rights: Proposed Amendment to the Draft Plant Varieties Act by RFSTE The Enclosure and Recovery of the Commons by V. Shiva, A. H. Jafri, G. Bedi, R. Holla-Bhar Protecting our Biological and Intellectual Heritage in the Age of Biopiracy by Dr Vandana Shiva Future of our Seeds, Future of our Farmers: Agricultural Biodiversity, Intellectual Property Rights and Farmers' Rights by V. Shiva http://www.indiaserver.com/betas/vshiva/ India leads the war against bio-piracy.htm
Dr.Shantala Priyadarshini Email is at present teaching Ayurveda at Mysore and conducting both theoretical and clinical research in Ayurveda.