KANI MODEL OF ACCESS AND BENEFIT SHARING - A CASE STUDY

The Discovery 
It was an accidental discovery made by the team of scientists lead by Dr. P. Pushpangadan and Dr. S. Rajasekaran of All India Co-ordinated Research Project on Ethnobiology (AICRPE) sponsored by Ministry of Environment and Forests, Govt. of India, with the help of Kani tribe during the Ethnomedico botanical exploration to the Agastyar Hills of Thiruvananthapuram Dist, Kerala, India, which is located in the southern most part of the Western Ghats (Pushpangadan et al. 1988).
The Tribe 
The Kanis mainly inhabit the forest of Thiruvananthapuram and Kollam Districts of Kerala and they are traditionally a nomadic community but most of them are settled now for long time. Kanis are of mixed racial origin having features of Dravidian, Veddoid and Negrito. According to the Census of India (1991), their population was 16,181 which is approximately 1.85 of the total population of the districts. Currently their total population is estimated approximately as 23,000.
The Health Tradition of Kani tribe is one of the richest knowledge systems of tribal medicine in India. The herbal lore of tribal community is a veritable arsenal of hitherto unknown information on the medicinal/food value of a large number of wild plants found in the flora rich forests of Southern Western Ghats. The tribal physician among the Kani is known as ‘Plathi’ who is a repository of tribal medical wisdom. 
The plant
The Kani tribe called this plant as ‘Arogyapacha’ - the word meaning of ‘Arogya’ is health and ‘Pacha’ means green. Hence the term ‘Arogyapacha’ denotes that, the plant is helpful for maintaining health always in a green state. According to Kani tribe, tender fruits of this plant have excellent anti-fatigue effect and enhance stamina and vitality. 


Botanical Identity 

Botanically christened Trichopus zeylanicus ssp. travancoricus Burkill. ex Narayanan - belonging to the family Trichopodaceae, it is a herbaceous, perennial herb with many slender stems (5cm 25cm long) arising from a nodose rhizome (rhizomatous). The plant is found in the Agastyar Hills of Southern Western Ghats (Kerala and Tamil Nadu region). It usually grows in the shade near the banks of streams and rivulets.  

Ayurvedic Identity
In Ayurveda it is called Varahi – One of the 18 divine herbs mentioned in the ancient Ayurvedic treatises, Charaka samhita and Susruta samhita. The medicinal properties of this plant are described as ‘Mahaveerya’ means therapeutically highly potent medicinal value in terms of prevention, promotion, correction and cure. This is also considered as an excellent ‘Rasayana’ drug (enhances stamina and vitality and also slows down the ageing process).



Key Players 
Kani Tribes

The Kani tribe is a small previously nomadic but now settled community of almost 25,000 members, based in the Agastyar Hills in southern India. Under the modern administrative system in India, this tribal group is spread over six gram-panchayats14 across the state of Kerala in southern India. A small number of other members reside in the neighboring Indian state of Tamil Nadu. Most of the members are engaged in cultivation of mixed crops such as rubber, areca nut, banana, pepper, cashew, etc. Almost all the group members have small huts along with a small garden attached to them. The requirements on the tribal communities by the Forest Department have increased ver the years and this has adversely affected their own ability to make decisions. For instance, the individual areas which they are occupying now are on long term lease from the Forest Department. Their choices for cultivation thus depend on the list of NTFPs as issued and amended from time to time by the Forest Department (Gupta 2004).
The community is struggling with poverty at different levels as some of the members are better placed in terms of their economic security. This largely depends on individuals’ external linkages for livelihood earnings. Mostly selling of NTFPs (like honey, bee wax, medicinal plants, and python fat, fruits, etc.) is the source of their income. The level of knowledge about the medical properties of plants varies across the settlements and individual members. Earlier they had experts (called Plathi), who knew the medical system of their forests very well. However, over the years this practice has disappeared and members have developed their own practices for managing this knowledge system for instance several individuals have taken over the art from plathis.

Tropical Botanic Garden and Research Institute (TBGRI)

The Tropical Botanic Garden and Research Institute (TBGRI) was established at Palode, Thiruvananthapuram in 1979 under the aegis of the Science, Technology and Environment Committee (STEC), Government of Kerala with the following objectives:
• Conservation and sustainable utilization of plant genetic resources
• Basic and applied botanical, horticultural, biotechnological, phytochemical,
  ethno medical and ethno pharmacological research for plant improvement and utilization
• Development of location oriented production technologies that utilize plant resources
  and human skill
• Dissemination of research and development activities
• Working in collaboration with similar organizations in India and abroad

TBGRI has been under the control of the Kerala State Council for Science, Technology and Environment (KSCSTE) since 19th June 2003. The Chief Minister of Kerala is the President of the KSCSTE. Spread over 300 acres, the garden system of the TBGRI is regarded as the biggest conservatory garden in Asia with over 50,000 accessions belonging to about 3,500 species. The overall research and development (R&D) activities of the TBGRI are geared to achieve the most tangible results of conservation as well as value added and product oriented sustainable utilisation of plant genetic resources of the region. The R&D programmes oriented to accomplish these objectives are therefore integrated and multidisciplinary in nature involving the most pertinent components of exploration, survey, collection, introduction, characterization and evaluation (phytochemical, pharmacological and biotechnological), documentation and conservation.

As part of the initiatives on taxonomy the institute has short-listed a flora of the garden, thereby documenting the native plant wealth. It also covered details about plants introduced from outside Kerala. As part of the biotechnology programme, the TBGRI focused on the mass multiplication of plants of commercial importance, especially orchids for cultivation and distribution to the public which supplemented the major commercial efforts in the state. The Institute has evolved a major work programme under ‘Vision 2012’. As part of this programme, the TBGRI envisages to become the largest botanical garden in Asia. It proposes to establish highly specialized conservatories for specialised groups of plants. There is also a plan to add further the modern amenities required to make the garden visitor-friendly. The TBGRI is also consolidating its education programmes including the Ph. D and M. Phil and Diploma courses. The TBGRI since its inception received a total of Rs. 24 billion from the government as grant-inaid and Rs. 12 billion as financial assistance from various national and international funding agencies for conducting different projects. The total staff strength of the TBGRI is 233, which include scientists (59), technical staff (34) and non-technical staff (140).16 The Institute has applied for 17 patents including the one on jeevani.

 M/s. Arya Vaidya Pharmacy Coimbatore

The Arya Vaidya Pharmacy Coimbatore (AVP) is one of the largest Ayurvedic manufacturing companies in India. It was established in 1943 and produces more than 450 varieties of traditional Ayurvedic medicines and more than 15 over-the-counter (OTC) Ayurvedic products. The AVP as expanded over the years and has launched sister companies with the objective of diversification. One of the subsidiaries called ‘Heal’ focuses on common health conditions and distributes its products through select outlets all over India. Another subsidiary company is AVP Marketing and Exports which has been formed specifically to distribute and market the prescription based and OTC Ayurvedic products all over the world.

Kerala Forest Department

The Forest Department assumes importance because of the Forest Act (1927), which makes it responsible for the protection and conservation of forests. It has to regulate the transit of forest produce and the duty leviable on timber and NTFPs. It also issues a list of products which can be classified as minor forest produce. As of now in Kerala 165 such items have been identified but Arogyappacha is yet to be included. However, the forest department allows cultivation of Arogyappacha within the tribal areas and also permitted the collection of leaves from the out side core area of the reserve forest. When the technology was transferred to AVP for commercial production, the company faced raw material crisis as Kerala Forest Department refused to allow the tribal community to pluck the leaves of this plant. The apprehension was related to the unscientific plucking of leaves which could cause complete extinction of the plant. Later, with the intervention from the TBGRI, cultivation of T. zeylanicus was ensured and training was provided to several Kani tribe members under the Integrated Tribal Development Programme (ITDP) of the Directorate for Tribal Welfare. This programme provided support to fifty Kani families with Rs. 1000 each for the cultivation of the plant (Gupta 2004). As part of the new arrangement, the Kerala Forests Department and the TBGRI worked together to develop mechanisms for periodically assessing the production and cultivation practices among the Kani tribes. As of now, the Kanis have a long term lease from the Forest Department. The proposed New Tribal Policy by the Government of India (2007) and the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forests Rights) Act, 2006, may help the Kanis to obtain proprietary legal rights on the land on which they have been engaged in cultivation.

Research

Carried out taxonomical (Sivarajan et al 1989 and Nair, 1993), Pharmacognostical (Anil Kumar et al. 2002), Phytochemical (George et al 2000 and Susan Chacko et al 2002) studies and Ethnopharmacological screening , toxicity studies of ‘Arogyapacha’ (Pushpangadan et al. 1995) including the clinical pharmacology of herbal formulations developed from ‘Arogyapacha’ – ‘Jeevani’ (Rajasekharan et al. 1996) Ethnopharmacological screening of Arogyapacha reveals various activities such as anti-fatigue (Pushpangadan et al. 1995, Evans et al. 2002, Dhanasekharan et al. 2004 and Tharakan et al 2006), anti-tumour, anti-gastric ulcer, anti-stress, anti-allergic, anti-oxidant, adaptogenic (Avinash K Sharma et al. 1989 and Singh et al. 2001), aphrodisiac (Subramoniam et al. 1997), immunomodulatory (Subramoniam et al. 1999 and Subramoniam et al. 2000), hepatoprotective (Subramoniam et al. 1998). and antioxidant and DNA protecting activity (Tharakan et al. 2005)

Product Development 
Based on Ayurvedic pharmacology, the first two authors formulated a new, polyherbal Ayurvedic drug in a granular form, named ‘Jeevani’. The term ‘Jeevani’ means ‘elixir of life’. The ingredients of ‘Jeevani’ are Trichopus zeylanicus ssp. travancoricus Burkill. ex Narayanan, Evolvulus alsinoides (Linn.) Linn., Withania somnifera (Linn.) Dunal. and Piper longum Linn. Clinical trial of ‘Jeevani’ was conducted on more than hundred subjects with different backgrounds - 70 % non-healthy and 30% healthy persons. Apart from modern drug efficacy test it was also evaluated on the basis of Ayurvedic pharmacology. It is classified under health promoting (‘Swastahita’) group of drugs (Rajasekharan, 1996).  



Technology Transfer  

Subsequently, technology of the drug ‘Jeevani’ was transferred to a reputed Ayurvedic drug manufacturing company located in Kerala for a period of 7 years and Rs. 10 lakhs was received as license fee and 2% royalty was received on ex-factory sales price. 
Benefit Sharing (Decision Taking) 

Based on the technology transfer of ‘Jeevani’ TBGRI has decided to part with 50% of the licence fee and royalty received from the company to the Kani tribal community who provided the lead for the development of the drug. 
Benefit Sharing (Mechanism Worked Out)

Kani tribe registered a Trust called ‘Kerala Kani Samudaya Kshema Trust’ with the guidance from TBGRI and the benefits received by the technology transfer and royalty were remitted to the Trusts account.
Benefit Sharing (Mechanism Implemented)

Later, in consultation with TBGRI, the Executive Committee of the Trust decided to felicitate the three Kani tribesmen who divulged the information about Arogyapacha. Accordingly, they were felicitated by the trust and given Rs. 20,000/- each (Sri C.Mallan Kani and Sri A.Kuttimathan Kani) and Rs. 10,000/- to R.Eachan Kani (total Rs. 50,000/-) as prizes / compensation. This amount has been taken from the first year interest of the Rs. 5 Lakhs remitted to the trust account. They also decided to keep Rs. 5 Lakhs as the permanent asset of the trust in the bank and only the interest of that money will be utilized for the welfare activities of Kani tribe. 
Post Benefit Sharing Effect 

 The benefit sharing experiment with the Kani tribe (KABS) showed dramatic effect on the Kani society in a short period of time. The Kani tribe, once a semi-nomadic, forest dwelling and timid community some 12 years back has now emerged as a dignified self respecting community who is proud of their heritage and their knowledge system. Some important outcomes of this experiment is given below.
• Rs. 2500 is maintained as a fixed deposit in the name of two Kani girls aged 8 and 10 whose mother was killed by a wild elephant in 2002.  
• Constructed a community Hall with necessary infrastructure facilities 
• Purchased a Jeep for transportation of people, marketing goods and Non Wood Forest Produce
• Kerala Kani Samudaya Kshema Trust has given employment to two Kani tribesmen as Driver of the Jeep and Helper and both of them are drawing salary every month. 
• Telephone facilities have been provided to the office of the Trust. 
• Construction of a small building for providing computer facilities to the school children is in progress.
• Established Rain Water Harvesting System 
• Negotiation is in progress to renew the manufacturing licence of Jeevani to suitable Pharmaceutical agencies for another 7 years period. It is suggested that license fee to be doubled to minimum of Rs.20 lakhs (Rupees Twenty lakhs) and Royalty payment also be doubled to 4 percent. This will provide more financial benefit to the Kani Tribe.
   
Agro-biodiversity and access and benefit sharing 
 Since the Kani tribe has initiated the large scale cultivation of Arogyapacha, the benefit sharing model described above (Phase I) has been turned into another model as Phase II under the Agro-biodiversity access and benefit sharing. Through this Kanis get direct benefit by selling the fresh green leaves of Arogyapacha from their cultivation in the field and supply of fresh leaves to the concerned pharmaceutical agency @ Rs.150/kg and they earned round about 1 Lakh rupees during the month of July 2007.
Kani Model of Access and Benefit Sharing (Conclusion) 

• Implemented Article 8(j). and Article 15.7 of CBD
• Recognized and rewarded IPR of Kani tribe 
• Protected traditional knowledge of Kani tribe 
• Extended short term benefits to the informants 
• Extended long term benefit to the Kani community  
KABS offered several lessons to be learned at various levels. It also signifies the growing interplay between the collective rights, and the monopolistic rights of the WTO regime. The KABS model demonstrates that the traditional communities can be empowered to preserve/protect their traditional knowledge and at the same time enable those to avail their rights while taking their resource and knowledge in the market regime of the modern world. 

Results and outcome:

1. First ABS agreement between stake holders turned into a viable model of Access and Benefit Sharing.  
2. Mechanism of benefit sharing worked out in a more appropriate manner in consultation with knowledge providers and the benefit accrued has been equitably shared with Kani Tribe. 
3. Technology of the drug ‘Jeevani’ has transferred to a reputed Ayurvedic drug manufacturing company located in Kerala for a period of 7 years and received Rs. 10 lakhs as license fee and 2% royalty on ex-factory sales price. 
4. Based on the technology transfer of ‘Jeevani’ TBGRI has decided to part with 50% of the licence fee and royalty received from the company to the Kani tribal community who provided the lead for the development of the drug. 
5. Kani tribes registered a Trust called ‘Kerala Kani Samudaya Kshema Trust’. With the guidance of TBGRI and the benefits received by the technology transfer and royalty remitted to the Trusts account.
6. Later, in consultation with TBGRI the Executive Committee of the Trust decided to felicitate the three Kani tribes who divulged the information about Arogyapacha. Accordingly, they were felicitated by the trust and given Rs. 20,000/- each (Sri Mallan Kani and Sri Kuttimathan Kani) and Rs. 10,000/- to Eachan Kani (total Rs. 50,000/-) as prizes / compensation. This amount has been taken from the first year interest of the Rs. 5 Lakhs remitted to the trust account. They also decided to keep Rs. 5 Lakhs as the permanent asset of the trust in the bank and only the interest of that money will be utilized for the welfare activities of Kani tribes. 
7. Rs. 2500 is maintained as a fixed deposit in the name of two Kani girls aged 8 and 10 whose mother was killed by wild elephant in 2002.  
8. Constructed a community Hall with necessary infrastructure facilities 
9. Purchased a Jeep for transportation of people, marketing goods and Non Wood Forest Produce
10. Kerala Kani Samudaya Kshema Trust has been given employment to two Kani tribes as Driver of the Jeep and Helper and both of them are getting salary for every month.
11. Installed telephone facilities to the office of the Trust.
12. Construction of a small building for providing computer facilities to the school children is in progress.
13. Established Rain Water Harvesting System 
14. Second ABS agreement between the stakes holders are in progress with a view to ensure the sharing of benefits in a more appropriate manner including the sustainability. 
15. Large scale cultivation of ‘Arogyapacha’ is envisaged through buyback arrangements to the concerned pharmaceutical agencies for generating income for better livelihood of kani tribes. 
16. As a registered trust they are planning to bring more viable projects which are related to solve their problems for the overall upliftment of the community 



Lessons learned:

The Kani case has offered lessons to be learnt at various levels. It also illustrates the growing interplay between the collective rights, as evident from the common goods approach and individual rights, as evident from the upcoming intellectual property regime. With the expansion of economic growth across developing countries, it is this common goods approach which is facing the maximum pressure from those who wish to tap natural resources for personal profits.
The recent policy initiatives from the Government of India may help in correcting the continuous pressure from outside in the tribal areas. The proposed New Tribal Policy (2006) has legal provisions to safeguard against exploitation. The introduction of PIC and ABS as part of TRIPs regime may help in addressing concerns related to the protection of intellectual property of Indigenous knowledge system.
The Biodiversity Conservation Act stipulated establishment of the National Biodiversity Authority (NBA) which is already in place in the southern Indian city of Chennai since 2002. The authority is currently engaged in preparing guidelines for ABS and the same will be released shortly. These guidelines will provide how prior informed consent (PIC) is to be developed and also will ensure proper implementation of PIC with a view to protect the traditional knowledge as well as to ensure the equitable sharing of benefits to the knowledge providers. 
 There is also a need to establish linkages between various ABS arrangements so that inferences may be drawn for specific settings. Following COP VI decision, a database on capacity-building projects for ABS was established to facilitate information exchange on ongoing capacity building activities. The data base includes information on various ongoing capacity building projects related to access to genetic resources and benefit sharing. 
 In light of this case study, it is also important to look into the wider processes launched by India after successfully blocking a US company from patenting the use of turmeric (Voigt 2006). The Council for Scientific and Industrial Research (CSIR) launched a 30 million page project known as the Traditional Knowledge Digital Library incorporating 120,000 remedies contained in the country’s written ancient medical literature of Ayurveda, Siddha and Unani in different languages.
 Since the Kani tribe has initiated the large scale cultivation of Arogyapacha, the benefit sharing model described above (phase I) has been turned into another model now in the Phase II under the ‘Agro-biodiversity Access and Benefit Sharing’. Through this Kanis are getting direct benefit by selling the fresh green leaves of Arograpacha from their cultivation field and supplied fresh leaves to the concern pharmaceutical agency @ US $ 3.75/kg and they earned round about US $ 2500 during the month of July 2007.



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