Wednesday 27 January 2010
South Africans win patent case against German Willy Wonker

JOY AS PELARGONIUM PATENT REVOKED
Munich 26 January 2010.
The Opposition Division of the European Patent Office (EPO) has today
revoked a patent granted to Dr. Willmar Schwabe (Schwabe) in its entirety.
The patent was opposed by the African Centre for Biosafety (ACB) from
South Africa acting on behalf of a rural community in Alice, in the
Eastern Cape, in collaboration with the Swiss anti-biopiracy watchdog, the
Berne Declaration.
The patent was in respect of a method for producing extracts of
Pelargonium sidoides and Pelargonium reniforme to make Schwabe's
blockbuster cough and colds syrup, Umckaloabo. It was revoked because the
Opposition Division found that the patent did not satisfy the requirements
of the European Patent Convention dealing with inventiveness.
Both species of pelargonium are harvested from the wild in the Eastern
Cape and exported to Europe for the production of Umckaloabo.
Nomtunzi Api, a representative from the Alice community, expressed elation
in response to the revocation, "this is the first time that a patent is
challenged successfully by Africans. It gives us hope for the future
because the patent ends Schwabe's monopoly over the use of our genetic
resources and traditional knowledge."
According to Mariam Mayet of the ACB, "Patent systems are seriously
flawed. It is inherently unfair that public interest NGOs should have to
challenge patents, at enormous effort and expense, to bring about equity
and justice in protecting resources and traditional knowledge from the
South"
For more information, please see the ACB website at
www.biosafetyafrica.org.za
• Mariam Mayet: Cell +27 83 269 4309
• Nomtunzi Api in Germany until 28th January: Tel +49 (0) 8954 90 340 Room
301.
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