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Good Harvesting Practices for Non-Timber Forest Products and the Patent Regime

Shahbaz Ahmad[1]


ABSTRACT

Non-timber forest products (NTFPs) including medicinal and aromatic plants have been an integral part of the rural life style. Their harvesting and need-based usage was traditionally regulated in such a way that sustainability was inherently ensured. With the sprawling global market these vital traditions are being shattered. In the name of health care and intellectual property rights, profit-making multinationals are creating demands for NTFPs that go way beyond the possibilities of sustainable production. Although cultivation may meet increasing demands to some extent, if NTFPs are left to market forces more and more species will be threatened by extinction and the homoeostasis of natural ecosystems will be jeopardized beyond recovery.


1. The Vital Traditions

Non-timber forest products (NTFPs) are biological resources other than timber that can be harvested from forest for subsistence and/or for trade. The Draft Principle of the Forest Stewardship Council (FSC) states that NTFP harvesting methods and levels must be appropriate to the species or species group, and should reflect scientific, local and/or indigenous knowledge. In fact indigenous and traditional harvesting practices had inherently assured the sustainable harvesting of NTFPs. Ethnoecological studies in the Himalayas have revealed rich knowledge of people in terms of classification, use and management of resources. Specifically healers have adopted harvesting practices based on understanding of plant’s biology and ecology (Turner, 2002). Similarly, in the Bwindi forests of Uganda it has been found that harvesting often requires the performance of certain rituals, which limit resource off take and protect the resource (Kyoshabire, 2002).

The vital traditions of sustainability have been ingrained into societies through their emphasis in rituals and their mention in ancient scriptures. For example in Charaksamhita, one of the most important Ayurvedic texts of India, it has been mentioned that the branches and leaves of medicinal plants should be collected in rainy and spring seasons, roots in summer or late winter when the leaves have fallen down or fully matured, barks, tubers and latex in autumn, heartwood in early winter and flowers and fruits according to their season (Sharma, 1994). Further regarding the harvesting of madana(Randia dumetorum) fruits, it has been mentioned-

“These should be collected during the period of transition between spring and summer in pusya, aswini or mrgasivas constellation and maitra muhurta. Those which are unripe, undamaged, non-green, of pale colour, free from organisms, undecomposed, uneaten by animals, not too small (immature) should be taken.”

(Carak Samhita: Kalpsthanam, I.13)

In fact the sustainable harvesting practices do not require any sophisticated or special efforts. Only an awareness and certain precautions are required. A few examples may bring out the point-

When the roots of Satawar (Asparagus racemosus) are dug out, the big and small roots are separated. The bigger roots are washed with water, dried and stored. The smaller roots are separated along with the disc and stored in sand in a cool place without washing. These very roots are used as planting material for the next season.

During harvesting of Safed musli (Chlorophytum borivilianum) one or two roots along with the disc are left in the soil. They lie dormant and sprout in the next rainy season, thus naturally propagating itself.

The roots of Nagarmotha (Cyperus rotundus) are dug out in Oct.-Jan. But if only the black roots are taken out and the unripe red roots are allowed to remain in the soil, they sprout again in the next rainy season to produce another plant, thus ensuring sustainability.

With the emphasis on financial profitability, these vital traditions of sustainability are at stake.

2. The sprawling global market

With the sprawling global market there has been a spurt of trade in NTFPs including medicinal and aromatic plants. The international market for medicinal plant based products is estimated to be US$ 60 billion and is growing at the rate of 7 percent per annum (Subrat, Iyer & Prasad, 2002). But this spurt is more due to the profit oriented commercial ventures rather than the spirit of herbalism. The sale of medicinal plants is less due to its inherent value and more due to the appealing ads. Advertising has been one of the fastest growing industries during the past half century and proliferation of shopping centres has, in a round about way promoted the compulsion to consume (Durning, 1991). The pharmaceutical industry has also adopted the consumerism producing tactics to sell its products. As a result there has been large production of unnecessary and harmful drugs. According to Health Action International (HAI), an informal network of consumer health, development and public interest groups, located in more than 60 countries, four out of every five anti-diarrhoeal products in the market are useless. Four out of five cough and cold products contain ineffective ingredients, and half of these may actually be harmful. A fifth of all analgesics are potentially harmful, and four out of five vitamins commonly prescribed should not be recommended at all. Companies promote drugs at prices most people cannot afford and deflect consumer interest from affordable and effective therapy. A study of medicines sold by 20 of the largest European pharmaceutical companies in six different regions of the world showed that only 16% of the 3021 cited drugs were essential (Subramaniam, 1993).

The unethical growth of pharmaceutical industry is taking its toll. For immediate financial gains, the sustainable harvesting practices have been thrown to the background. Plants and their parts are being exploited without taking into consideration their further regeneration. An example is that of Devil’s claw (Harpagophytum procumbens), a plant which grows in the Kalahari sands of Namibia, Botswana, South Africa, Angola and to a lesser extent in Zambia and Zimbabwe. With the increasing demand and the low and unpredictable prices, the markets encourage unsustainable harvesting practices. As a result, the plant is extracted along with the taproot, so that more weight is added, thus killing the plant. Yet the same factors which encourage unsustainable harvesting is a disappointment for buyers, because the active ingredients (primarily harpagosides) are concentrated in the secondary tubers, making the inclusion of the tap root undesirable and partly because harvesting and selling at short notice means the sliced Devil’s claw is often packed before it has had the necessary time (at least three days) to dry (Leith, 2002).

Thus the unprincipled growth of NTFP markets, without taking into consideration the basic needs and the essentiality of the product is causing great damage to natural ecosystems. A regulation in this field is urgently required.

3. Intellectual Property Rights and the Patent Regime

Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. Intellectual property rights are customarily divided into two main areas-

(i) Copyrights and rights related to copyrights
(ii) Industrial properties

The TRIPS (Trade related aspects of Intellectual Property Rights) Agreement, which came into effect on Jan. 1, 1995, is to-date the most comprehensive multilateral agreement on intellectual property. Article 27 of the agreement provides that patent shall be available for any inventions, whether product or process, in all fields of technology, provided they are new, involve an inventive step and are capable of industrial application. However there are three permissible exceptions to the basic rule of patentability-

(i) One is for inventions contrary to ordre public or morality.(Art. 27.2)

(ii) The second exception is that members may exclude from patentability diagnostic, therapeutic and surgical methods for the treatment of humans or animals.(Art. 27.3a)

(iii) The third is that members may exclude plants and animals other than microorganisms, and essentially biological processes for the production of plants or animals other than non-biological and micro-biological processes.(Art.27.3b)

With the coming up of a Patent regime, there is always an apprehension that life forms including NTFPs may be patented and embroiled into massive production with all its ill-effects. Moreover such patenting may deprive the poor and the marginalised people from using or processing the patented plants or animals for their small needs. But making use of Article 27.3, the member countries may exclude from patentability the NTFPs and other products, which are related to public health needs. This point needs to be emphasized when Article 27.3 comes up for review. Here it would be worthwhile to quote Dr. M. S. Swaminathan, the eminent Agricultural Scientist-

“As a rule patenting of life forms is unethical.................Suppose I discover a rice variety which is resistant to a particular desease, it should be available to everybody, poor or rich, not only to those who can pay.”

4. Efforts towards sustainable and non-destructible harvesting

In the State of Madhya Pradesh in India the State Minor Forest Produce federation is the apex body of 58 District level Cooperative Unions and 1066 village cluster level primary cooperative societies. The Federation facilitates the sustainable & non-destructible harvesting and organic cultivation of NTFPs including medicinal and aromatic plants. With a network of village cluster level cooperative societies it is possible to restrain the unsustainable and overexploitative tendencies of the market forces. Once the focus is shifted from profitability to welfare of the people, the emphasis on sustainability and related issues is automatic. The approach of the MP MFP Federation can be summed up into the following set of integrated activities-

(i) Encouraging only the sustainable and non-destructible harvesting of NTFPs by creating awareness, imparting training etc.

(ii) Facilitating the ecosystem approach to forest management so that the tendency to monoculture is curbed.

(iii) Ensuring that the primary collectors and harvesters get a reasonable price for the NTFPs collected by them.

(iv) Facilitating small enterpreneurship through micro-credit and providing essential linkages.

(v) Facilitating organic cultivation of a set of medical and aromatic plants on private lands.

(vi) Encouraging the traditional health care practices.

5. Need for a need based approach

To ensure sustainable and non-destructive harvesting of NTFPs it is essential that there is a shift from the current demand based approach to a need based approach. The local communities should primarily be able to utilise the NTFPs for their own basic needs. The extra, sustainable production can then go to meet basic needs of other areas. Since demands are unlimited, a dominance of the commercial interests or patenting forces would always lead to unsustainable exploitation. Good harvesting practices are to be integrated with Good manufacturing practices to ensure genuine and essential products for the society. Standards for Good Manufacturing Practices for Indian System of Medicine pharmaceuticals have already been laid down (Sharma, 2001).

Although some sincere efforts have been made to encourage and rejuvenate the sustainable harvesting practices of NTFPs, yet a lot more needs to be done. Strong and principled steps have to be taken to regulate the commercial forces. Adopting the Gandhian approach of need-based development and self-dependent villages may give a boost to the positive efforts of sustainability.

REFERENCES

1. Durning, Alan (1991): Asking How Much is Enough: in State of the World, 1991; Worldwatch Institute(India), New Delhi.

2. Kyoshabire, et al (2002): Bwindi’s herbalists(Uganda)-What do they collect and where?; Paper presented at the Society for Conservation Biology, 16th Annual Meeting, July 14-19, 2002.

3. Leith, James (2002): Devil’s Claw-Sustainable Harvesting of and Fair Trade in Medicinal Plants: in Positive Health, the online Complementary Health Magazine.

4. Sharma, P. V. (1994): Caraka Samhita; Chaukhamba Orientalia, Varanasi UP.

5. Sharma, Dr. Rajeev Kr. (2001): Good Manufacturing Practices for ISM Pharmaceuticals-Step towards Quality Assurance; Proceedings of WHO Training-cum-Workshop held on 3rd to 5th April, 2001, Pharmacopeial Laboratory for Indian Medicine, Ghaziabad UP.

6. Subramaniam, Chitra (1993): Pop pills now, regret later!; Indian Express 15-10-93, New Delhi.

7. Subrat, Niraj Iyer, Meera & Prasad, Ram (2002): The ayurvedic medicine industry-current status and sustainability; Ecotech Services(India) Pvt. Ltd., New Delhi.

8. Turner, Nancy J. (2002): Cultural Keystone species-Implications for Ecological Conservation and Restoration; Paper presented at the Society for Conservation Biology, 16th Annual meeting, July, 2002.


[1] General Manager (Development), State Minor Forest Produce Federation, Madhya Pradesh, Bhopal, India. Email: [email protected]