The turmeric patent
battle of the 1990s was not merely about a spice or a patent. It was an early
warning that the traditional knowledge of communities could be appropriated
unless it was documented, recognised and protected. In the age of Artificial
Intelligence, that warning has acquired an altogether new significance.
The Global Turmeric
Conclave 2026, held in Mumbai on 28 September, provides an occasion to revisit
a remarkable episode in India's scientific and intellectual-property history.
What appeared to be a dispute over the medicinal use of a humble spice became a
landmark demonstration of how traditional knowledge could be defended through
modern science, documentary evidence and international patent law.
The conclave also invites
us to ask a much larger question: who owns the knowledge accumulated by
civilisations over thousands of years?
For India, haldi, or
turmeric, has never been merely a spice. It has been food, medicine, colour,
cosmetic, household remedy and sacred substance—sometimes all at once. Its
significance extends from the kitchen to the household medicine chest, from
marriage ceremonies to religious worship, and from everyday dietary practice to
traditional systems of healing.
The history of turmeric
is therefore a particularly revealing way of understanding what traditional
knowledge means and why its preservation has become increasingly important in
an age when data is being transformed into economic value.
From the Harappan kitchen
to Hortus Malabaricus
Archaeobotanical research
offers a fascinating starting point. At Farmana, a Harappan site in present-day
Haryana dating to approximately 2600–2200 BCE, researchers identified starch
grains of Curcuma, identified in their study as turmeric, on a cooking
vessel. The finding provides direct archaeological evidence of turmeric being
processed in food preparation during the Harappan period. It does not, by
itself, establish an uninterrupted history of every subsequent use, but it
offers a tangible glimpse into the antiquity of the plant's association with
food in the Indian subcontinent.
Source: Arunima Kashyap
and Steve Weber, Harappan Plant Use
Revealed by Starch Grains from Farmana, India, Antiquity.
A later and particularly
significant documentary record is Hortus Malabaricus, the twelve-volume
botanical treatise compiled under the direction of Hendrik van Rheede, a Dutch
East India Company administrator on the Malabar coast. Published in Amsterdam
between 1678 and 1693, it documented the flora of the region, including the medicinal
properties and uses of hundreds of plants.
Turmeric appears in the
work under the local name “Manjella Kua”, subsequently associated with Curcuma
longa, the botanical name for turmeric. The record is significant not
simply because it identifies a plant, but because it provides a window into the
traditional botanical and medicinal knowledge of seventeenth-century Malabar.
An important contributor
to this knowledge was Itty Achudan, a physician and herbalist from Kerala's
Ezhava community. He supplied information on plants, their properties and
medicinal uses, drawing on practical experience and inherited knowledge. Three Brahmin
physicians—Ranga Bhatt, Vinayak Pandit and Appu Bhatt—also contributed to the
work. Their knowledge was translated across languages and eventually presented
in Latin to an international readership.
As botanist K. S.
Manilal's research has demonstrated, Hortus Malabaricus remains an
important record of the ethnomedical knowledge of the region.
[Sources: K. S. Manilal,
“Hortus Malabaricus and the Ethnoiatrical Knowledge of Ancient Malabar”, Ancient
Science of Life; Oxford's
account of Hortus
Malabaricus.]
The work also raises a
question that remains relevant today. When knowledge travels from a local
community into a global scientific system, are the people who developed and
preserved it adequately acknowledged?
Hortus Malabaricus was
an important example of knowledge moving between Indian and European
intellectual traditions. It would be simplistic to dismiss it merely as
appropriation: it preserved valuable knowledge and identified some of its
contributors. Yet it also emerged within the unequal power structures of
European colonial expansion. The distinction between the person who gathers and
publishes knowledge and the community that has preserved it is an important
part of this history.
The history of turmeric
thus takes us beyond botany. It brings us to the relationship between
knowledge, documentation, recognition and power.
Haldi: a plant woven into
everyday civilisation
The historical importance
of turmeric cannot be understood through medicinal literature alone. In India,
its significance extends into social and religious life.
Turmeric has long been
associated in many Indian traditions with auspiciousness, prosperity and
well-being. Turmeric paste forms part of marriage ceremonies in numerous
communities. Turmeric-dyed threads carry ritual significance in some
traditions. The plant is used in household preparations, cosmetics and
religious observances, including various forms of puja.
Its cultural journey is
extraordinary because the same substance can occupy several worlds
simultaneously. It can be a culinary ingredient, a traditional remedy, a
colouring agent and a ritual material.
In Ayurveda and other
South Asian medical traditions, turmeric acquired a substantial vocabulary of
medicinal uses. Scholarly literature records numerous Sanskrit names for the
plant, reflecting its colour, perceived properties and cultural associations.
Modern scientific research has also examined curcumin and other constituents of
turmeric, although traditional uses and contemporary clinical evidence must not
be treated as interchangeable.
The point is not that
every traditional claim has already been scientifically validated. It is that
generations of observation, practice and transmission have created a body of
knowledge that deserves careful documentation and scientific investigation.
Traditional knowledge
does not necessarily originate in one laboratory, belong to one inventor or fit
neatly into a single discipline. It often accumulates over generations, through
repeated observation, practical experience and transmission within families and
communities.
That is what makes
turmeric such an illuminating example.
And that brings us to a
remarkable episode in India's recent scientific history.
The second Battle of
Haldighati
In 1995, India challenged
a United States patent relating to the use of turmeric powder for wound
healing. The argument was that this use was not a novel invention: it was
already part of India's established knowledge, documented in traditional texts
and scientific publications.
CSIR, under the
leadership of Dr R. A. Mashelkar, played a crucial role in the challenge.
Documentary evidence was presented to demonstrate that the claimed use was
already known. On 13 August 1997, the US Patent Office revoked the patent
following the challenge.
CSIR records the episode
as the case that the media dubbed the “second Battle of Haldighati”—a
pioneering contest fought through evidence and the rules of the international
patent system.
[Source: CSIR's account of the
Second Battle of Haldighati.]
The metaphor is
compelling. The first Battle of Haldighati belongs to the history of
territorial conflict. The second became a contest over intellectual territory
and the recognition of prior knowledge.
The significance of the
episode went well beyond turmeric. It demonstrated that knowledge could have
existed within a community for centuries and yet become vulnerable in a modern
intellectual-property system if it was not documented in a form that patent
examiners could recognise.
The knowledge was not
necessarily absent. It was the documentary evidence that the system needed.
This was not merely an
Indian problem. Traditional communities around the world have accumulated
knowledge of plants, agriculture, seeds, food preservation, healing, ecology,
fibres, navigation and natural resources. Some of this knowledge has been recorded
in manuscripts; much has been transmitted orally or preserved in languages and
knowledge systems that remain inaccessible to modern patent databases.
The challenge is to
prevent the absence of accessible documentation from being mistaken for the
absence of prior knowledge.
From turmeric to the
Traditional Knowledge Digital Library
The turmeric and neem
patent controversies helped bring the problem of protecting traditional
knowledge into sharper focus. India's response included an initiative that was
remarkably farsighted: the Traditional Knowledge Digital Library (TKDL),
established in 2001 through collaboration between CSIR and the Department of
AYUSH.
The TKDL was designed to
systematically document traditional medicinal knowledge and make it accessible
to patent examiners in formats and languages they could use. It draws on
traditional systems, including Ayurveda, Siddha and other documented medicinal
traditions, translating and structuring information from classical texts so
that existing knowledge can be identified during patent examination.
The idea was not to
patent ancient knowledge. It was to help prevent the grant of patents for
claims that lacked novelty because the knowledge already existed.
The principle was simple:
This knowledge already
exists. Do not mistake its rediscovery for invention.
[Source: CSIR's
account of the Traditional Knowledge Digital Library.]
The TKDL represented an
important bridge between traditional knowledge and modern intellectual-property
institutions. It helped address the problem of knowledge being overlooked
because it was recorded in unfamiliar languages or dispersed across historical
texts.
The turmeric patent case
was not the sole cause of the TKDL, nor did the library itself overturn the
original patent. Rather, the experience formed part of the larger context in
which India developed a systematic defensive mechanism for protecting its documented
traditional medicinal knowledge.
The broader insight was
prescient: if traditional knowledge is to be recognised by modern institutions,
it must be made visible to them.
That insight assumes a
new significance in the age of Artificial Intelligence.
When data becomes the new
gold
The world of the patent
examiner has now been joined by the world of the algorithm.
Artificial Intelligence
can search, classify, translate and connect information on a scale that would
have been difficult to imagine when the turmeric patent was challenged. It
offers enormous opportunities for preserving traditional knowledge, especially
when that knowledge is dispersed across manuscripts, archives, oral histories,
local languages and community records.
Imagine AI-enabled
systems that help translate endangered languages, connect botanical
descriptions across centuries, identify related material in distant archives
and preserve oral traditions before the people who carry them are no longer
able to pass them on.
Such systems could help
researchers study relationships between plants, preparation methods and
historical medical texts. They could assist museums, libraries, universities
and community institutions in documenting collections and making them more
discoverable.
My own work at CSMVS
Museum in Mumbai brings this question into sharper focus. The museum's
international exhibition, Networks of the Past: India and the Ancient World,
uses original objects borrowed from museums in India and abroad to illuminate
the connections between ancient societies. Such objects are more than
artefacts: they are evidence of human experience, exchange, skill and
knowledge.
Museums, manuscripts and
archives preserve fragments of the past that can help us understand how people
lived, made things, traded, healed and interpreted their world. Digital
technologies can connect these fragments in new ways. AI may make those connections
easier to explore, but it cannot replace the need for careful scholarship,
provenance and historical context.
The opportunity is
immense. So is the responsibility.
The new danger:
appropriation at algorithmic scale
Digitisation can protect
knowledge. It can also make knowledge easier to appropriate.
The turmeric controversy
concerned a patent applicant's claim that India challenged as insufficiently
novel. Future disputes may take a different form: an AI system could draw on
large bodies of traditional knowledge and generate insights with commercial
value, perhaps without the original custodians being acknowledged or
benefiting.
These possibilities raise
difficult questions.
Who gave permission for
community knowledge to be digitised or used to train a commercial system? Who
should be acknowledged when a new discovery builds upon knowledge preserved
over generations? How should access to sacred, restricted or sensitive knowledge
be governed? And how can communities share fairly in commercial benefits
arising from the use of their knowledge?
These questions cannot be
answered simply by saying that information was available somewhere on the
internet.
Availability is not the
same as consent, provenance, ownership or benefit-sharing.
Nor should every use of
traditional knowledge be treated as appropriation. Research can be legitimate
and beneficial; scientific investigation can create new knowledge; and
commercial innovation can produce value for society. The challenge is to
establish fair rules that distinguish legitimate discovery from the
unauthorised exploitation of knowledge and resources.
The answer must not be to
prevent knowledge from travelling across cultures. It must be to ensure that,
when it travels, its provenance and the rights of its custodians are not
erased.
Towards a Global
Traditional Knowledge Commons
The international system
has begun to recognise parts of this challenge.
In May 2024, member
states of the World Intellectual Property Organization adopted the WIPO Treaty
on Intellectual Property, Genetic Resources and Associated Traditional
Knowledge. The treaty introduces a patent-disclosure requirement for inventions
based on genetic resources and/or associated traditional knowledge, requiring
applicants to disclose specified information about the origin or source and,
where relevant, the Indigenous Peoples or local community providing the
associated knowledge.
This is a significant
development. However, the treaty is not yet in force: it requires 15
ratifications or accessions to enter into force. Its scope is also specific; it
is not a comprehensive international framework governing all traditional
knowledge or the use of such knowledge by AI systems.
[Sources: WIPO Treaty overview;
WIPO
Treaty summary.]
The AI era demands that
we think beyond the patent system. Perhaps the world needs a framework that
could be called a Global Traditional Knowledge Commons—not a single,
centralised database controlled by one institution, but an interoperable
network of national, institutional and community-controlled repositories.
Such a framework could be
developed through cooperation among WIPO, UNESCO, the United Nations and other
appropriate international bodies, with the participation of Indigenous Peoples,
local communities, governments, museums, libraries, universities and scientific
institutions.
Repositories could
document not merely the knowledge itself, but also its provenance: where it
originated, which community preserved it, the historical evidence supporting
it, and the conditions under which it may be accessed or used.
They should distinguish
between knowledge that is openly available and knowledge that is sacred,
restricted or subject to community protocols. They should support attribution
and, where commercial exploitation occurs, mechanisms for appropriate consent and
equitable benefit-sharing.
AI could then become an
ally in preservation rather than an instrument of extraction. It could help
communities document their knowledge in their own languages, improve access to
historical records and establish connections between dispersed sources.
But the system must not
assume that every piece of traditional knowledge should be placed in the public
domain or fed indiscriminately into commercial AI models. Communities must have
a meaningful voice in deciding how their knowledge is recorded, shared and
used.
The governing principle
should be clear:
The digitisation of
knowledge must not become the privatisation of knowledge.
From colonial extraction
to equitable innovation
There is a further
historical dimension to this debate.
Colonial expansion
transformed the relationship between knowledge, institutions and economic power
across much of the world. Traditional knowledge was collected, classified,
translated and incorporated into new scientific and commercial systems. In many
cases, the communities that had preserved it received limited recognition,
while the institutions that published or circulated it became more visible in
the historical record.
Hortus Malabaricus illustrates
both the value and the complexity of this history. It preserved Indian
botanical knowledge and brought it into international scientific circulation,
while also emerging from the colonial world of the Dutch East India Company.
The contributions of Itty Achudan and other Indian scholars remind us that the
history of science is not simply a story of discoveries made by a few
celebrated individuals. It is also a story of communities, practitioners,
translators, informants and knowledge keepers whose contributions deserve
recognition.
The appropriate response
today is not to reject modern science, intellectual property, pharmaceutical
research or commercial innovation. Nor should traditional knowledge be frozen
in a museum, preserved only as a relic of the past.
The objective should be
to build a fairer bridge between traditional knowledge and modern innovation.
Traditional knowledge
should be documented, studied critically, scientifically investigated where
appropriate and innovated upon transparently. Where commercial value emerges,
mechanisms should recognise provenance, respect applicable rights and enable equitable
benefit-sharing.
This is not an argument
against innovation. It is an argument for innovation that understands its
foundations.
The unfinished Battle of
Haldighati
The turmeric story offers
a remarkable journey through time. Archaeological evidence from a Harappan
cooking vessel points to the plant's use in food preparation thousands of years
ago. Hortus Malabaricus preserves a seventeenth-century record of
botanical and medicinal knowledge. The patent controversy of the 1990s
demonstrated the importance of documenting prior knowledge. TKDL sought to make
traditional medicinal knowledge visible to modern patent examination. Today, AI
opens new possibilities for connecting, interpreting and preserving such
knowledge—while raising new questions about consent, attribution and commercial
value.
The Global Turmeric
Conclave in Mumbai on 28 September 2026 provides a contemporary reminder that
turmeric is not only a crop, commodity or ingredient in a global value chain.
It is also a window into the history of knowledge itself.
Perhaps that is the real
significance of the “second Battle of Haldighati”. It was not a battle against
another country, or against science and commerce. It was a reminder that
knowledge without documentation can become vulnerable; knowledge without provenance
can become detached from its custodians; and knowledge without recognition can
be presented as somebody else's discovery.
The first Haldighati was
fought over territory. The second was fought over intellectual recognition.
The emerging challenge in
the age of AI may concern something even more fundamental: the stewardship of
humanity's collective memory.
For thousands of years,
communities have observed, experimented, adapted and passed on knowledge.
Modern science has given us extraordinary tools to test, validate and extend
it. Artificial Intelligence gives us new tools to search and connect it at unprecedented
scale.
We should ensure that AI
does not merely make traditional knowledge available. It should help make that
knowledge visible with provenance, context and credit.
Civilisations may lose
battles. They may lose territories. But they should not lose the memory of the
knowledge through which they have understood and shaped their world.
Haldi, the golden spice
celebrated in Mumbai, has a message for the twenty-first century. The knowledge
associated with it did not begin with a patent, a laboratory or an algorithm.
It accumulated through human experience, was preserved in communities and
travelled across generations.
What is new is our
ability to digitise, connect and monetise that knowledge on a planetary scale.
Knowledge is not merely
information. It is part of our shared heritage—and in the age of AI, preserving
its provenance may be as important as preserving the knowledge itself.
Image: Courtesy of ChatGPT
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