US Department of Agriculture / W.R. Grace

In 1995, the US Department of Agriculture and American chemical company W.R. Grace were granted a patent for a 'novel pesticide' derived from neem. This patent, filed in the European Patent Office, claimed exclusive rights over a fungicidal composition extracted from the neem tree, a plant long revered and utilized across the Indian subcontinent for its medicinal and pest-repellent properties. The move sparked significant international debate regarding biopiracy and traditional knowledge.

Neem, or Azadirachta indica (नीम), is a tree native to the Indian subcontinent, deeply embedded in traditional Indian medicine, agriculture, and daily life for millennia. Every part of the tree — leaves, bark, seeds, and oil — has been used for its antiseptic, anti-inflammatory, and insecticidal properties. It is a cornerstone of Ayurvedic medicine, used in remedies for skin ailments, dental care, and as a natural pesticide in farming, reflecting a holistic understanding of its benefits developed over generations by local communities.

The patenting of neem's fungicidal properties by a US entity was swiftly challenged by Indian activists, farmers, and scientists, who argued it constituted biopiracy. They contended that the patent claimed ownership over traditional knowledge that had been freely used and documented in India for centuries, violating the principle that natural substances and their known uses cannot be patented. The ten-year legal battle highlighted the contentious issue of intellectual property rights over indigenous resources and knowledge.

The European Patent Office revoked the patent in 2005, acknowledging that the fungicidal properties of neem were part of pre-existing traditional knowledge, not a novel invention.