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(Fwd) WTO include Rice to Geographical Indication; Success for
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@rad.net.id>
</color>To: <color><param>0000,0000,8000</param>WTO_Round-NO_Round@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@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@rad.net.id></italic><FontFamily><param>Arial</param>
<italic><FontFamily><param>Times New Roman</param>To: biotani2001@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!
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via Figliodoni, 2 - 23891 Barzanò (Lc)
tel.039-958264 e-mail: zampieri.gg@libero.it