(Fwd) WTO include Rice to Geographical Indication; Success for

["Gianni Zampieri" <zampieri.gg at libero.it>]

Non ho il tempo o le capacità (ahi, ahi, l'inglese scolastico) per una 
lettura approfondita, ma forse il diavolo non è brutto come lo si 
dipinge o almeno non è da scartare la possiilità di condurre 
battaglie anche all'interno di mostri come il WTO. 

Ciao, 

Gianni Zampieri - cdm 




------- Forwarded message follows -------

Date sent:      	<color><param>0000,0000,8000</param>Tue, 13 Nov 2001 11:41:23 +0700

</color>From:           	<color><param>0000,0000,8000</param>"Riza V. Tjahjadi" <<biotani at rad.net.id>

</color>To:             	<color><param>0000,0000,8000</param>WTO_Round-NO_Round at netscape.net

</color>Subject:        	<color><param>0000,0000,8000</param>WTO include Rice to Geographical Indication; Success for Thai 

</color>	<color><param>0000,0000,8000</param>approaching rice-free patent


</color>WTO agreed to expand products cover in the geographical indicator 
to include rice. This active role of Thai offical delegation promoting 
rice-free patent as advocate both both farmers and NGOs, resulted 
also to mass media in Thailand. One of series of headline about 
the case of jasmine rice, entitled: WTO CONFERENCE / 
SUCCESS FOR THAILAND. 

Inclusion on rice to geographical indication within TRIPs, is 
classified by Thai's NGOs as the First step to protect jasmine rice. 
And this is significantly a big progress. Until February 2000 it was 
reported Thai government official was not confidence with the case 
of jasmine rice: sell in the US with brandname jasmine. 

"During Chuan Lek Pai period, Thai farmers have raised the 
Jasmine issue as an example of how the country is not prepared to 
protect its genetic resources. But we have not been able to take it 
far enough; it became a social issue but not the best impact. Still, 
on Jasmine rice and PVP, people continue to support us... TRIPS, 
accoding a farmer, is not popular among the farmers but he and 
Forum of the Poor have negotiated with the government, especially 
on Jasmine rice (Rice Tec trademark). But the government claimed 
it cannot do anything, except try to get a trademark itself on "khao 
haw mali", the Thai name..." 
 Yes, I remember this. Between Jasmine and Khao haw mali, (..), 
when I asked clarification" <FontFamily><param>Times New Roman</param>(Subject: Lesson Learnt from Jasmine Date: 
Fri, 25 Feb 2000 21:56:28 +0700 From: "Riza V. Tjahjadi" 
<<biotani at rad.net.id>; re-wording)<FontFamily><param>Arial</param>
 

On the other hand, in national law, Thai government has been 
encating a bill on plant variety protection which reflected the 
balance of breeder rights and Farmers' Rights since several years 
ago (although Thai's slightly worried, it's against WTO, included its' 
FREE RIDER, UPOV, The Union for the Protection of New 
Varieties of Plants. 

For additional information, 
<FontFamily><param>Times New Roman</param>The TRIPS Agreement was signed in 1994. It says that while countries 
may exclude plants or animals from their patent laws, plant varieties -- the 
first link in the food chain -- must be subject to IPR either through 
patents or "an effective <italic>sui generis</italic> system" (Article 27.3[b]). Developed 
countries were obliged to implement this by 1996. Developing countries 
have until 2000. Least-developed countries must implement such laws by 
2005.<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param>Meanwhile, the Union for the Protection of New Varieties of Plants, or 
UPOV, is a group of countries implementing such laws under a common 
framework: the UPOV Convention. Less than 40 countries belong to 
UPOV at present. [1] Plant variety protection under the UPOV system is 
designed to promote genetically uniform, industrialised agriculture. [2] 
This is quite in line with WTO's vision of trade maximisation, but goes 
quite against the premises of sustainable agriculture and the objectives 
of new environmental treaties such as the Convention on Biological 
Diversity.<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param>Until 1998, countries could join UPOV on the basis of two options: the 
1978 treaty or the 1991 treaty. The 1978 treaty allowed a derogation for 
farmers and an exemption for researchers to ensure that both had some 
liberty to use monopoly-protected seeds for production or breeding 
purposes. In the 1991 treaty, adjusted to the emerging practice of gene 
patenting, these exemptions have been seriously restricted. The 1991 Act 
of UPOV also extends the breeder's monopoly to the farmer's own 
harvest.<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param>The 1991 Act of the UPOV Convention came into force last 24 April 1998. 
On this date, the 1978 Act was officially closed to further accession. [3] 
However, countries which by then had already approached UPOV 
regarding possible accession are permitted a sort of one-year "grace 
period" to<FontFamily><param>Arial</param>
<FontFamily><param>Times New Roman</param>complete the accession procedure under the terms of the 1978 Act. 
Those countries are: Belarus, Bolivia, Brazil, China, Croatia, Kenya, 
Morocco, Nicaragua, Panama, Venezuela and Zimbabwe, as well as the 
European Community. [4] Any other country considering accession to 
UPOV at present is obliged to adhere to the stringent terms of the 1991 
Act [5], which differ little from outright patenting.<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param>The government of Indonesia with parliament approved the 1991 UPOV 
model into national law, entitled Undang-undang Perlindungan Varietas 
Tanaman, enacted by end of 2000. No Farmers' Rights at all..! the 
strongest pro-IPR/TRIPs is the closest aide of the president of Indonesia 
as well as atmosphere in the government offices, while mass media favor, 
also, promote it.<FontFamily><param>Arial</param>

best, 

Riza VT 
PAN Indonesia 
Jl. Persada Raya No. 1 
Menteng Dalam 
Jkt 12870 Indonesia 

<center><FontFamily><param>Times New Roman</param>No Patent on Life<FontFamily><param>Arial</param>
<FontFamily><param>Times New Roman</param>No Petant on Rice<FontFamily><param>Arial</param>
<FontFamily><param>Times New Roman</param>Kein Patent auf Leben!<FontFamily><param>Arial</param>
 
 


<bold><FontFamily><param>Times New Roman</param><bigger> WTO CONFERENCE / SUCCESS FOR THAILAND</bold><FontFamily><param>Arial</param><smaller>
 First step to protect jasmine rice 
 More protection of products from specific areas 
<FontFamily><param>Times New Roman</param> Post reporters<FontFamily><param>Arial</param>
<FontFamily><param>Times New Roman</param> BKK POST Mon. Nov. 12 , 2001<FontFamily><param>Arial</param>
<FontFkokpost.com/Business/12Nov2001_biz43.html"<underline><color><param>0000,0000,FF00</param>http://www.bangkokpost.com/Business/12Nov2001_biz43.html</underline></color><FontFamily><param>Arial</param>

 The World Trade Organisation agreed yesterday to Thailand's proposal to expand protection for products with specific 
geographical indicators, Commerce Minister Adisai Bodharamik 
said yesterday in Doha, Qatar. 

 Currently, only wines and spirits have such protection. 

 The success is the first step for Thailand in pushing for its famous jasmine rice to have global protection under the Trade-
Related Aspects on Intellectual Property Rights (Trips). 

 Wine and spirits with geographical indicators are protected 
under the WTO's Trips agreement. 

 The pact covers beverages such as Scotch whisky, 
Champagne from region of the same name in France, and Tequila 
from Mexico. It prevents producers in other parts of the world from using the geographical names on their products. 

 The agreement on the Thai proposal will be reflected in the 
declaration due out at the end of the ministerial meeting in Doha 
tomorrow. 

 Mr Adisai said although WTO members would only refer to the 
issue in the forthcoming key document in general terms, it was 
already a ``win'' for Thailand, which would be able to embark on 
another move, that of trying to safeguard its jasmine rice by 
ensuring that no other country could produce the strain of rice at 
will for commercial purposes. 

 ``We have ignited the issue and I will direct the Thai 
ambassador to the WTO to pursue the matter immediately in 
Geneva,'' Mr Adisai said in a telephone interview. 

 Growers of jasmine rice, said to be one of the best varieties because of its unique aroma and taste, have encountered problems 
in recent years. 

 They have cried foul this year over the development of a new 
strain of rice, based on jasmine, by a Florida-based geneticist, 
Chris Deren who has support from the United States Department of 
Agriculture. 

 In 1997 RiceTec Inc, a firm in Texas, obtained a trademark for 
its ``jasmatic'' rice brand, a move which angered Thailand because 
the label could confuse and mislead consumers about Thailand's 
jasmine rice. 

 Mr Adisai said he had met US Trade Representative Robert 
Zoellick on the sidelines of the WTO conference to explain the Thai 
move to obtain expanded coverage of geographical indicator 
protection. 

 He said he had received support from Mr Zoellick, the chief US 
trade negotiator. 

 The two men will meet again before the end of the Doha 
gathering. 

 Mr Adisai had already held talks with Mr Zoellick in Shanghai 
late last month while both men were accompanying their leaders to 
the Asia-Pacific Economic Co-operation summit. Mr Adisai lodged 
a protest against the continuing grain reseach in Florida. 

 However, Thailand's goal of seeing true liberalisation of trade in 
agricultural products is running into strong opposition from 
countries with highly protectionist policies for their farmers and 
domestic markets. 

 Mr Adisai said that ``a group of facilitators'' was trying to sort 
out their differences in an effort to see a new round of world trade 
talks to be launched at the end of the five-day gathering. 

 Yesterday, Mr Adisai reiterated Thailand's stance to his trade 
counterparts at the meeting in a bid to see the end of domestic and 
export subsidies and gain access to global markets for farm 
products, especially rice, by farming nations. 

 He stressed the need for elimination, not just a reduction, of all 
forms of subsidies, a position taken by the Cairns Group of 18 
agricultural exporting countries including Thailand. 

 Failure to agree on free trade in farm products could jeopardise 
efforts to kick off the widely sought new round of trade talks 
deemed necessary to boost the global economy. 

 In Chiang Mai, Prime Minister Thaksin Shinawatra told AFP 
yesterday he was was confident that the row over the new strain of 
Thai jasmine rice being developed in the US would be resolved after 
the government hired a lawyer to pursue the case. 

 Mr Thaksin said he would use a pending visit to Washington to 
raise his concern. 

 ``I have already talked to the US government about this so we 
have a government-to-government understanding,'' he said. 

 ``But for the researchers, we have to make a clearer 
understanding on the issue. We have hired an American lawyer to 
lodge a complaint against Chris Deren and I am 100% sure we will 
win,'' he said. 

 US officials have reportedly said American rice breeders had 
not broken any Thai law in obtaining seeds for the project _ a bone 
of contention among Thai officials and activists. 

 The US imports up to 300,000 tonnes of jasmine rice a year. 
Warm temperatures and steady rainfall in Thailand's northeast 
make it the most fertile ground in the world for cultivating the 
famous pearly white rice. 

 Thai officials have accused Mr Deren of stealing seeds from the 
country and fear he will attempt to patent the powerful jasmine rice 
name. 

 However, the US scientist says he obtained rice seeds legally 
through the International Rice Research Institute (IRRI) and had no 
plans to apply for a patent. 
 

more____]----><italic><FontFamily><param>Times New Roman</param> ------------------------------------------------------</italic><FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param>(sorry for x-posting)<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param>THAI PM TO ACT TO STOP U.S. RICE PATENTING<FontFamily><param>Arial</param>
<FontFamily><param>Times New Roman</param>November 11, 2001<FontFamily><param>Arial</param>
<FontFamily><param>Times New Roman</param>Reuters [via Agnet]<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param> BANGKOK - Thai Prime Minister Thaksin Shinawatra was cited as 
telling reporters on Sunday his government was commissioning 
American lawyers to take legal action against any efforts by U.S. 
companies to patent an American version of Thai jasmine rice and that 
Thailand's efforts to prevent the rice patenting would be an issue in his 
talks with U.S. President George W. Bush during his visit to Washington 
in late November, adding, "We will tell them of our concern on this issue. 
We are commissioning American lawyers to try to stop the patenting. 
We believe our lawyers can do that." Thailand, the world's top rice 
exporter, produces about three million tonnes of jasmine rice-famed for 
its superior flavour and dazzling white colour-a year and about 24 million 
tonnes of rice in total.<FontFamily><param>Arial</param>
<FontFamily><param>Times New Roman</param> --------------------------------------------------------<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param>US genetics expert say he will not seek patent Seed abtained from 
Philippines legally<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param>Chicago, Reuters publich in BBK POST Thu. Nov.8 , 2001 page2<FontFamily><param>Arial</param>
<FontFamily><param>Times New Roman</param> A US genetics expert, under fire for allegedly stealing the seeds to 
develop an American version of Thailand's famed jasmine rice, yesterday 
said he obtained the seeds legally and would not seek to patent his 
variety.<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param> "I have documents to show that I obtained the seeds from IRRI, the 
International Rice Research Institute, in the Philippines," said Chris 
Deren, a professor at the University of Florida Everglades Research and 
Education Center in Bell Glade, Florida.<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param> But Witoon Lianchamroon, director of Biothai, a government-funded 
agricultural think tank, urged the researcher not to just talk but to act by 
entering into an agreement with Thailand's Plant Varieties Protection 
Committee's Office.<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param> He said Mr Deren's promise not to seek a patent for the jasmine rice 
under research was not as important because if the rice was actually 
cultivated and marketed, Thai farmers would definitely be affected.<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param> He said the agreement he proposed should spell out terms of profit-
sharing and patenting.<FontFamily><param>Arial</param>
<FontFamily><param>Times New Roman</param> "It is so easy to acquire the seeds," Mr. Deren said in an interview. 
"Why would I go to the trouble of going halfway round the world so 
steal it? It's not necessary."<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param> Mr. Deren's troubles began after his quest to develop an early 
maturing variety of Thai jasmine rice to suit the US climate won media 
attention about two months ago.<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param> Farmers in Thailand, which sell about 300,000 to 400,000 tonnes of 
jasmine rice to the US each year, fear that exports would be lost if the US 
grows its own variety of the staple. Karun Kittisataporn, permanent 
secretary for commerce, said the government had assigned legal experts 
to study whether developing Thai jasmine rice in the US is illegal, or 
breached rules of the World Trade Organisation.<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param> Mr. Deren said replacing Thailand's jasmine rice was not an easy task. 
"If it was possible to replace Thailand's jasmine rice, others would have 
done it already. Cambodia, Vietnam, Burma, Indonesia and the 
Philippines already grow aromatic rice, but none of those compete well," 
he said.<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param> Mr. Deren also said he would not seek to patent his variety of Thai 
jasmine, and that it would be available to anyone interested in using the 
strain for research. He said a local variety might still be years away from 
commercial production.<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param> Neil Rutger, director of the US National Rice Research Center, 
defended Mr. Deren's work, saying the plant breeder obtained the seeds 
for the plant breeder obtained seed for his project from IRRI though the 
US Department of Agriculture.<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param> Mr. Rutger said he had been in communication with IRRI officails and 
that he was satisfied with their explanations on the origin of seeds.<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param> He said it was never his nor Mr. Deren's intention to patent the 
variety of rice that would emerge from the project.<FontFamily><param>Arial</param>
<FontFamily><param>Times New Roman</param>--------------------------------------------------------<FontFamily><param>Arial</param>


<FontFamily><param>Times New Roman</param> A RAISIN IN THE SUN<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param> Whose Dreams Are We Deferring When We Patent Plants And 
Animals? Kristin Dawkins is vice president of international programs at 
the Institute for Agriculture and Trade Policy.<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param> One of the least understood injustices arising from globalization is 
the extension of the United States' patent system to other countries via 
the World Trade Organization. The WTO's trade-related intellectual 
property rights (TRIPS) agreement privatizes the ownership of plants and 
seed, giving the agri-chemical and pharmaceutical industries monopoly 
rights over elements of nature.<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param> In early October, the multinational seed company Pioneer (now 
owned by DuPont) took a small Iowa seed and agricultural supply 
company, JEM Ag Supply, before the Supreme Court charging that JEM 
had resold Pioneer's patented seed corn without authorization. The 
smaller company claims the patents were invalid because Congress never 
intended "products of nature" to be patented.<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param> Historically, Congress has rejected the application of patents to new 
varieties of plants grown from seed. But in 1985, the US Patent and 
Trademark Office decided to grant such patent rights. Since then, 
companies holding plant patents have exercised their monopoly rights to 
build an immensely valuable portfolio of proprietary seed. Bigger 
companies have gobbled up smaller companies, at times simply to 
acquire access to the restricted patented plants.<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param> In 1995, of 1,500 seed companies worldwide, 24 held a combined 
market share of more than 50 percent. By 2000, after years of merger-
mania, the top 10 companies controlled 33 percent of the $23 billion seed 
market and 90 percent of the $31 billion agrochemical market.<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param> The Supreme Court's decision in the case of JEM Ag Supply v. 
Pioneer Hi-Bred International could have a profound impact on global 
agriculture. The Court should decide to disallow the patenting of plants. 
This would benefit every country that depends upon agriculture for its 
economic base, including the United States and most third world nations, 
and force a public debate about whether patents should be given for any 
life form.<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param> The United Nations Universal Declaration of Human Rights, and 
recent resolutions of a UN Sub-Commission on Human Rights have 
already found an "actual or potential conflict" between the World Trade 
Organization's intellectual property rights agreement and the rights to 
self-determination, food and health.<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param> Intellectual property rights are intended to balance the interests of 
private inventors and society as a whole. The public needs access to 
useful innovations, while inventors need an incentive to innovate. 
Unfortunately, today's patent system does not help balance the 
industry's gain with public welfare.<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param> To the contrary, more and more researchers are reporting that the 
drive to<FontFamily><param>Arial</param>

<FontFamily><param>Times New Roman</param>____________<FontFamily><param>Arial</param>
<italic><FontFamily><param>Times New Roman</param>Subject: Doha Declaration Should Respect FAO' Seed Convention</italic><FontFamily><param>Arial</param>
<italic><FontFamily><param>Times New Roman</param>Date: Thu, 08 Nov 2001 09:03:25 +0700</italic><FontFamily><param>Arial</param>
<italic><FontFamily><param>Times New Roman</param>From: "Riza V. Tjahjadi" <<biotani at rad.net.id></italic><FontFamily><param>Arial</param>
<italic><FontFamily><param>Times New Roman</param>To: biotani2001 at netscape.net</italic><FontFamily><param>Arial</param>

<italic><FontFamily><param>Times New Roman</param>Doha Ministerial declaration may instruct TRIPs council to be more 
supportive of the CBD. The IU must not be more restrictive than WTO or 
CBD rules.</italic><FontFamily><param>Arial</param>


<flushright><italic><FontFamily><param>Times New Roman</param>Farmers' Rights Update:</italic><FontFamily><param>Arial</param></flushright>

<center><bold><italic><FontFamily><param>Times New Roman</param>Food or Famine</italic></bold><FontFamily><param>Arial</param>
<italic><FontFamily><param>Times New Roman</param>Seed Convention the first ever convention in Millennia</italic><FontFamily><param>Arial</param></center>

<center><italic><FontFamily><param>Times New Roman</param>"The first Treaty of the new Millennium" Jacques Diouf, DG FAO</italic><FontFamily><param>Arial</param></center>

<center><italic><FontFamily><param>Times New Roman</param>[d]eclare that PGRFA should be a patent-free zone, not subject to the 
rules of the WTO</italic><FontFamily><param>Arial</param>
 
 


<center>------- End of forwarded message -------</center>

""Non dite: verrà un giorno, portatelo quel giorno!
  E per tutte le piazze portate in alto la pace! ""

via Figliodoni, 2 - 23891 Barzanò (Lc)
tel.039-958264 e-mail: zampieri.gg at libero.it