Legal Weapons Unsheathed in Rice Row by Prangtip Daorueng BANGKOK, Aug 13 (IPS) - Thailand is sharpening an array of legal weapons for use against foreign encroachment into its economic and cultural interests in the production and export of jasmine rice. Thailand's moves to safeguard its interests come in the wake of
a Texas-based company's registration and sale of a rice product
under the name 'jasmati', a term coined from the 'jasmine' and
'basmati' rice varieties. This, agricultural and trade experts here say, is meant to
mislead customers into thinking they are buying Thailand's famed
fragrant rice, and may eat into rice exports at a time when the
country needs all the dollars it can earn. The same U.S. firm, RiceTech Inc, had obtained from the U.S.
Patent and Trademark Office in September a patent for basmati
rice, which have for centuries been grown in India and Pakistan. Thais, including King Bhumibol Adulyadej, are worried that
jasmine rice may be the next victim. The king has been quoted as
saying Thais were sad to discover they might have to seek
permission from foreigners to cultivate their own rice variety. ''I have been closely following this issue and have reported to
His Majesty that 'jasmati' has no genetic relation with our
jasmine rice,'' Mechai told a conference organised by the
International Rice Research Institute (IRRI) and the Thai
agriculture ministry last month. Thus, the Thai government has begun work to obtain a patent on
jasmine fragrant rice under the Hom Mali trademark -- before any
foreign firm beats the country to it. The agriculture ministry has also proposed a plant varieties
protection bill to Parliament, in order to prevent what many
experts call ''biopiracy'' that occurred in the case of RiceTech. The agriculture ministry says RiceTech developed its strain for
'jasmati' from those obtained from the Philippines-based IRRI and
made them suitable for growing in the southern United States. But IRRI says that 'jasmati' was derived not from Thai rice but
from della, a variety that originated in Italy and contained genes
from fragrant-rice strains. Nevertheless, Newin Chidchob, deputy minister of the
agriculture ministry, said the plant varieties protection bill
would require foreign companies needing Thai grain and plant
varieties for commercial use to pay Thailand a royalty of at least
5 percent of total sales. Meanwhile, quality certificates attesting to genuine Thai rice
are being issued by the commerce ministry to guarantee that Thai
rice is protected before the bill's passage. Newin also said
Thailand was prepared to raise the issue with the World Trade
Organisation for arbitration if needed. Last month, hundreds of Thai rice farmers held a protest in
front of the U.S. embassy here. ''Selling other rice varieties or
even Thai jasmine rice grown in your country as 'jasmati' defames
our farmers, destroys our rights and deceives your own
consumers,'' they said in a letter to the U.S. ambassador. To guard against commercial exploitation of strains by
multinational firms, IRRI director-general Robert Havener has
suggested that Thailand register a geographical trademark to make
it clear that genuine fragrant jasmine rice came from Thailand and
nowhere else. He said precedents exist for champagne from France and for
Scotch whisky. While Thai officials are worried about the cultural value of
jasmine rice -- they are motivated by a desire to prevent a loss
of market share due to 'jasmati' and similar products in the
future. The economic downturn has made Thailand turn to agricultural
experts to bring in foreign currency -- and rice is the first
priority. The country is among the biggest rice exporters in the
world, and jasmine fetches the steepest price among Thai rices. Despite the crisis, Thai rice exports have soared and reached
3.6 million tonnes between January to mid-July 1998, up 37 percent
from the same period last year. Officials said Thailand is looking
at a 27.08 percent of the world market. The government has been discussing with exporters to determine
whether market prospects had been damaged by the proliferation of
varieties like 'jasmati', said agriculture department director-
general Ananta Dalodom. If Thailand's export markets are affected, action should be
considered against the foreign companies involved, he said. But Witoon Panyakul from BioThai, a Bangkok-based NGO, says
patenting might not help Thai farmers because only new inventions
are protected under patent law. ''Jasmine rice is something invented long time ago by local
farmers and it is considered community property. Patenting has
nothing to do with protecting community's rights over it,'' he
explained. ''What we need is a law that make sure that these rights won't
be violated and that local communities would get benefit out of
it,'' he added. And while Havener says 'jasmati' was not derived from IRRI rice
lines that had used Thai strains, he did say he was worried about
duplication of plant varieties, jointly researched by IRRI and
countries that own plant varieties, for commercial purposes. Apart from having registered IRRI as trademark for its products
since 1994, Havener said the institute was also trying to find
other measures to protect plant varieties and ensure less
duplication for commercial purposes in the future. Thailand has donated 5,400 samples of germplasm to IRRI. Given
the 'jasmati' row, agriculture experts say the government would
seek an assurance from IRRI that Thailand would be protected from
organisations wishing to patent rice varieties developed from
germplasm originally from it. Some local experts, however, dispute IRRI's explanation that
'jasmati' did not use the institute's strains. Newin claimed that the United States had grown the IR 841 rice
variety, which is a hybrid grain of IR 262 variety and Thai Khao
Dawk Mali (jasmine rice) 105, and which was developed by IRRI. IRRI used the Thai Khao Dawk Mali 105 to generate 1,480 cross-
strains of rice which were later given for planting in at least 22
countries, he said. He added that Jasmine 85, a variety first
developed at the IRRI in 1966, entered the US in 1989 and was
later grown to compete directly with imported jasmine rice. |
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