The Kani Tribe Case Study

14th June, 2023 - 7:54 am Categories: Legal Issues 0 Comments

Introduction

As part of the All India Coordinated Research Project on Ethnobiology, a team of scientists conducted an ethnobotanical knowledge survey of the Kani people in the Thiruvananthapuram forest in the southern section of the Western Ghat region in the state of Kerala in 1987. (AICRPE). The Kani guides Mallan Kani and Kuttimathan Kani did not experience exhaustion throughout the lengthy walks, but the scientists did. The scientists were given fruits that the Kani guides regularly consumed. The fruits gave the researchers a boost of energy when consumed. According to the Kani guardians, information about the fruits was sacred and should not be shared with outsiders. If the plant was turned into a product and sold, the scientists offered an equal cut of the profits in exchange for their word that they wouldn’t “misuse” the information.

The guides eventually identified the plant as trichopus zeylanicus spp”arogyapacha,”.’s which roughly translates to “evergreen health.” travancoricus, a rhizomatous perennial herb. A thorough scientific examination was conducted, including chemical screening to identify the active components. Although it had been previously documented and characterised, the “outside” world

[Image Sources : Wipo int ]

was unaware of its traditional use and unique characteristics. Extensive research done at the Regional Research Laboratory (RRL) in Jammu has proven arogyapacha’s ability to combat weariness. The existence of certain glycolipids and non-steroidal substances (polysaccharides) with potent adaptogenic, immuno-enhancing, anti-fatigue characteristics was discovered by phytochemical screening and pharmacological tests. Only two to three fruits per plant were produced. Therefore, it was preferable to use its evergreen leaves, which weigh 100–200 g, as a larger source for the commercial production of a product with this anti–fatigue property.

In 1990, the researchers relocated to the Tropical Botanic Garden and Research Institute (TBGRI) in Thiruvananthapuram, Kerala. The TBGRI’s Herbal Product Development Division (Ethno-pharmacology) created the product “Jeevani,” a polyherbal drug that also contains arogyapacha and three additional medicinal plants: withania somnifera (ashwagandha), piper longum, and evolvalus alsinoides. Arogyapacha was the primary source of anti-fatigue clinical effectiveness. Additional research indicated health-promoting qualities that were later confirmed by science. Clinical properties and shelf life assessments were also done.

Dr. Pushpangadan had firsthand knowledge of the therapeutic properties of arogyapacha, thus he recognised that the action of the plant’s berries was unusual and that, if it was found to be safe, it had a substantial market potential. He brought the plant back to the JNTBGRI’s research facilities with his team of scientists, where they started doing a variety of chemical and pharmacological experiments on it. Over the course of eight years of research, they found that in addition to having immune-stimulating and anti-stress characteristics, the plant also enhances endurance, reduces fatigue, aids in the control of cancers, and stimulates the body’s natural defences and cellular immune system. After seven years, JNTBGRI’s investigation pinpointed twelve chemical components in the plant that were responsible for the impacts they felt. Arogyapacha was traditionally consumed by the Kani as its fruit. The best method for extracting the twelve chemicals, according to JNTBGRI, was to crush the plant’s leaves. The TBGRI then created a scientifically validated and standardised herbal formulation for its replication by combining these compounds with three other plants. The product comes in granules and is used with hot water or milk. JNTBGRI dubbed this formulation “Jeevani,” which means “provider of life.”

Without intellectual property (IP) protection, Dr. Pushpangadan and his research group understood they would not be able to make much money from Jeevani. Dr. Pushpangadan was interested in assisting the Kani people as well, and he was aware that without IP protection, the Kani people would not stand to profit financially. Thus, IP protection was crucial. Therefore, JNTBGRI decided to file a patent application with the Office of the Controller General of Patents, Designs, and Trademarks of India (IP India) in 1994 for the production process of a herbal sports medicine based on the compounds isolated from arogyapacha after successfully completing R&D and further refining Jeevani in collaboration with the Council of Scientific and Industrial Research (CSIR), a leading Indian R&D organisation. At Amity University in Uttar Pradesh, Dr. Pushpangadan was appointed director general of the Amity Institute for Herbal & Biotech Products Development (AIHBPD) in 2007. Dr. Pushpangadan and Amity University submitted an updated application with IP India for Jeevani after the initial patent application in 2008. A patent has not yet been issued despite the fact that the patent application was published in 2010.

AVP started the initial commercialisation of Jeevani. The property on which the Kani people reside is really held by the Indian Forest Department, which is a distinctive component of the commercialization process. Any land cultivation requires the previous consent of the Forest Department since it is concerned about the sustainability of the forests and natural resources in the area.

The Kani tribes that live in the Western Ghats region’s forests have a very rich legacy of using traditional knowledge to make herbal medicines. This group has endured for decades because to its herbal knowledge of the numerous wild plants in the area. They were able to navigate treacherous terrain to gather food, shelter, and other resources because to their deep understanding of the arogyapacha plant and its energising properties, which was crucial to their survival. Their traditional wisdom cannot be disregarded, especially given that JNTBGRI would not have learned about arogyapacha without the Kani people. Despite the fact that the Kani tribe is not specifically mentioned in the patents, Dr. Pushpangadan and his colleagues never took the contribution that the Kani people’s traditional knowledge made to the discovery of the energizing properties of arogyapacha for granted.

Conclusion

In particular, the right of ownership of the lands they historically or traditionally use and occupy, the rights to self-determination and autonomy, the right to development, and the right to be free from discrimination, among others, are rights that implicitly grant indigenous peoples permanent sovereignty over natural resources. Jeevani has been a tremendous success for JNTBGRI, AVP, and the Kani people despite the absence of IP protection in important areas like the United States. Jeevani, one of AVP’s most popular products, is now referred to as the “ginseng of India.” As a result, JNTBGRI has consistently renewed AVP’s marketing rights for Jeevani. More importantly, it has significantly impacted the Kani people’s quality of life financially. The success of the benefit sharing agreement has prompted BMC to suggest that the licence fee be doubled to US$ 52,000 and the royalty payment be also doubled from two percent to four percent, which would result in even greater financial gains for the Kani. The Kani have already received financial infusions into their community.

Author: Tanya Saraswat, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at Khurana & Khurana, Advocates and IP Attorney.

References

• https://www.cbd.int/financial/bensharing/india-kanis.pdf
• https://www.downtoearth.org.in/coverage/the-kani-learning-39208