Journal of Intellectual Property Rights Vol 11, November 2006, pp 430-435 Impacts of a Patent on Euryale ferox on Biodiversity at Micro Level: A Case Study Sabuj Kumar Chaudhuri† and Chaitali Dutta Department of Library & Information Science, Jadavpur University, Kolkata 700 032 Received 28 August 2006, revised 10 October 2006 A patent on a process for making storage - stable edible food materials from kernels of gorgon nuts or fox nut (Euryale ferox) has tremendous impact on biodiversity resulting in triggered mass culture and commercialization of this aquatic macrophyte. Besides ecological impact, it has social and economic impacts too. This paper studied the impact of the patent on biodiversity at micro level. The study reveals that mass culture of these plants in water bodies instead of fishes has created an interlinked ecological, social and economic imbalance. Sustainable culture of both fish and the concerned macrophyte is the need of the hour so that biodiversity is not damaged further and equilibrium of ecology, society and economy is sustained. The paper concludes with the suggestion of people’s awareness and further research for better understanding. Keywords: Biodiversity, mass culture, ecological impact India has perhaps one of the richest ethno-medical traditions in the world. Every 100 km or so throughout the length and breadth of the country one can observe variation in the ethnic names and use of local biodiversity, indicating the intimate and independent appraisal that local communities have made for their resources. In India, 40-70% of the plant diversity of any local ecosystem is used for human and veterinary medicine. Today biodiversity dependent rural and traditional communities are facing serious resources threat due to rapid erosion and loss of biodiversity. ‘Market cultures’ are unlikely to promote conservation of these resources as statistics show that out of total 7,500 (approximately) only 500 medicinal plant species used by the communities are being taken up by the market, with real benefits going to the traders but not to the primary collectors. The diversity nurtured by the communities, generation after generation got commercialized and monopolized through various forms of IP protection. As a result local diversity, knowledge and skills have been lost. The ethnobotanical and other resources utilized traditionally are ecosystem specific and cultural diversity has been in symbiotic relationship with the local biodiversity. The relationship has been recognized and documented in folklore and indigenous knowledge systems even in Vedic and other ancient texts. For example, ancient medical treatises written in Sanskrit by a renowned medical expert, Sushruta: Yasmin deshe tu yo jaatah tasya tajiaushadham hitam — Sushruta Samhita Interpretation: ‘Nature is so (benevolently) organized that it has provided every micro- environment, the natural resources (in the form of plants, animals and microorganisms) necessary for the typical health needs of the people living in that environment’. A striking example of this ecosystem linkage is seen in the case of plant Ephedra vulgaris that is only found in the trans-Himalayan habitats. This plant has broncho-dilation properties and local people traditionally drink the herbal tea made of this plant several times a day. The tea helps in easy breathing in the rarefied atmosphere of the trans-Himalaya. 1 This linkage is being lost gradually due to overexploitation of the bioresources. It has been assessed and got evidenced from a patent on Euryale ferox based on field study. The present study reveals the impacts of a patent granted on prickly water lily, Euryale ferox (Makhna) on biodiversity at micro level in the district of Malda, West Bengal, India. —————— †Email: Corresponding author: sabooj_c@yahoo.co.in