2010/02/03
GERMAN pharmaceutical giant Schwabe Pharmaceuticals will appeal against a ruling by the Environmental Protection Agency that banned them from patenting extracts from indigenous African plants.
This comes after the small rural town of Alice won the first leg of their battle to protect a natural remedy they say goes back centuries.
Schwabe tried to patent a remedy made from the roots of pelargonium sidoides and pelargonium reniforme – more commonly known as geranium – to make cough syrup.
The company now claims the agency’s rejection was based on technical rather than substantive grounds.
Schwabe spokesperson Dr Traugott Ullrich said: “The rejection of patent is a normal process and it is quite common that a patent is challenged after its approval. What we are certain about is that our method is novel and does not use South African traditional knowledge.”
But Mariam Mayet, founder and director of the African Centre for Biosafety who represented the Alice community in Munich last week, is calling Schwabe a “sore loser”.
“They are just embarrassed and are trying to save their reputation. I’m sure they didn’t expect to lose,” she said.
In a letter to the Dispatch, Ullrich wrote: “Independent reports have confirmed that Pelargonium, while indigenous to South Africa, is widespread in its various usage and not particular to any community. Furthermore, the EPA confirmed the collection of plants for Schwabe is sustainable and in no way targets the monopolisation of the plant.
“Therefore it does not pose a threat to the South African plant population and biodiversity.
“In fact, it promotes the sustainability of both the plant and the communities collecting the plant on our behalf.”
Mayet retorted: “Schwabe took these resources from South Africa. They made a product out of our plants and gave nothing back to the community – this is biopiracy.”
Mayet added that she was in possession of an affidavit stating that Schwabe had “stripped the entire Grahamstown area of their pelargonium”.
“Schwabe’s harvesting did not take place legally. They were asked to produce their permits and they failed to do so. We will definitely challenge their appeal.” - By KATHRYN PARKES — kathrynp@dispatch.co.za
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