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Intellectual Piracy and the Neem Tree

Vandana Shiva and Radha Holla-Bhar

Although the neem tree has been used for centuries by Indian farmers and doctors , its chemical properties have never been patented in India. Recently however patents to exploit neem oil products have been taken out in the United States by multinationals. Recognizing the

threat that such patents pose to local independence&emdash;particularly under the proposed GATT agreement which requires all signatory nations to introduce a US-style regime of "intellectual property rights"&emdash;farmers and scientists in 1ndia have mounted a vigorous campaign to prevent indigenous knowledge from being pirated by multinationals.

Over the last year Indian farmers have staged one mass demonstration after another against the proposed GATT Uruguay Round agreement. In March about 200,000 gathered in Delhi demand-ing, among other things. that the draft treaty&emdash;known colloquially as 'the Dunkel draft" after chief negotiator, Arthur Dunkel&emdash;should be translated into all Indian languages. On 2 October, about half a million converged upon Bangalore to voice their fears about the impending legislation. aware of the threat that GATT poses to their livelihoods, by allowing multinational organizations to enter Third World markets at their expense.

In particular, many of them have begun to question the Dunkel Draft's call for an international harmonization of property rights legislation. On recent demonstrations, protesters carried twigs or branches of neem. a tree found throughout the drier areas of India. Several extracts of neem have recently been patented bv US companies, and many farmers are incensed at what they regard as intellectual piracy. The village neem tree has become a symbol of Indian indigenous knowledge. and of resistance against companies who would expropriate this knowledge for their own profit.

A Tree for All Seasons

Of all the plants that have proved useful to humanity, a few are distinguished by astonishing versatility. The coconut palm is one. bamboo another. In the more arid areas of India. this distinction is held by a hardy. fast-growing evergreen of up to 20 metres in height- Azardriachta indica, commonly known as the neem tree.

The neem's many virtues are to a large .degree attributalble to it.s chemical constituencv. From its roots lo its spreading crown. the tree contains .a number of potent compounds, notably a chemical found in its seeds named azadirachtin. It is this astringency that makes it useful in so many fields:

  • Medicine

    Neem is mentioned in many ancient texts and traditional Indian medical authorities place it at the pinnacle of their pharmacopeia. The bark, leaves, flowers, seeds and fruit pulp are used to treat a wide range of diseases and complaints ranging from leprosy and diabetes to ulcers, skin disorders and constipation.

  • Toiletries

    Neem twigs are used by millions of Indians as an antiseptic tooth brush. Its oil is used in the preparation of toothpaste and soap.

  • Contraception

    Neem oil is known to be a potent spermicide and is considered to be 100 per cent effective when applied intravaginally before intercourse. Intriguingly, it is also taken internally by ascetics who wish to abate their sexual desire.

  • Timber

    Besides being hard and fast growing, its chemical resistance to termites makes neem a useful construction material.

  • Fuel

    Neem oil is used as lamp oil. while the fruit pulp is useful in the manutacture of methane.

  • Agriculture

    The Upavanavinod, an ancient Sanskrit treatise dealing with forestry and agriculture, cites neem .as a cure for ailing soils.


Dr. Vandana Shiva is an associate editor of The Ecologist, and director of The Research Foundation for Science Technology and Natural Resourse Policy, 105 Rajpur Riad, Dehra Dhun, 248001, India. Radha Hala-Bhar is a researcher at the Research Foundation for Science, Technology and Natural Resourse Policy.


Source: The Ecologist, vol 23, no 6, Nov/Dec 1993, p.223.

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