Danielle Knight WASHINGTON, Feb. 13 (IPS) - Australian seed corporations, aided by
public research institutes and the Canberra government, are pirating
the indigenous knowledge of farming communities and international
research institutes around the world, say rural advocacy
organisations. The corporations, with government support, are making dozens of
illegal patent claims on farmer-bred plant varieties from Brazil to
India, says Pat Mooney, director of the Canadian-based Rural
Advancement Foundation International (RAFI). ''Several dozen plant patent claims listed by the Australian
government are a clear rip-off of the genius of others,'' he
maintains. ''In most of these cases, the Australians appear to have
done nothing more than select and multiply somebody else's seed and
then slap a plant patent monopoly on them.'' The Syrian-based International Centre for Agricultural Research in Dry
Areas (ICARDA) is also guilty, says Mooney. ''ICARDA has fundamentally
misinterpreted its authority with respect to crop germplasm it holds
in trust on behalf of the United Nations.'' In a letter to Mooney, Adel El-Beltagy, executive director of ICARDA,
admitted that the centre had allowed a number of Australian institutes
to apply for a form of plant patent, known as Plant Breeder's Rights
on varieties the centre holds under a trusteeship agreement with the
UN Food and Agriculture Organisation (FAO). The trust agreement was signed in 1994 and specifically prohibits
ICARDA and its sister centres from allowing any form of intellectual
property claim on the crop germplasm. Yet, in 1995, ICARDA signed
agreements with Australian institutes and agribusinesses making it
possible for them to claim monopoly control over the plant and seed
varieties, he says. ''It's a clear breach of the trust agreement,'' Edward Hammond, a
researcher with the Canadian organisation told IPS. ''We hope it was
done out of ignorance or poor judgement and not out of malice.''
ICARDA says it is investigating the situation. In response, the World Bank-based Consultative Group on International
Agricultural Research, a worldwide network of 16 research centres, has
called for a moratorium on the granting of intellectual property
rights of germplasm held in their collections. ICARDA is one of the
institutes of the Consultative Group - which holds the world's largest
international collection of plant genetic resources. The Group's
centres routinely distribute germplasm to plant breeders under the
agreement that the recipient not apply for patent rights on the
material. ''The Consultative Group is deeply committed to the conservation,
sustainable use, and stewardship of genetic resources,'' said Ismail
Serageldin, chairman of the group. ''Calling for this moratorium is
the strongest signal the Group can send governments to ensure that
these issues be resolved and the materials in the Group collections
remain in the public domain.'' The moratorium will provide governments with the time to carefully
consider and resolve issues related to the ''in-trust collections,''
said Geoffrey Hawtin, director general of the Rome- based
International Plant Genetic Resources Institute, one of the
Consultative Group's institutes. The status of plant genetic resources
is currently being negotiated by the intergovernmental FAO Commission
on Genetic Resources for Food and Agriculture. The controversy began in early December at a UN meeting in Rome when
RAFI first received reports that two Australian seed corporations,
Agriculture Western Australia and the Centre for Legumes of
Mediterranean Agriculture, had applied for intellectual property
monopolies on two strains of chickpeas originally from farmers in
India and Iran. The varieties had been borrowed from an
internationally-funded research centre in Hyderabad, India. ''The Aussie agencies are acting like kleptomaniacs,'' said Neth Dano
of the Manila-based Southeast Asian Regional Institute for Community
Education. ''Who gave them the right to pirate and patent the genius
of farmers from Asia to Africa? Farmers do the work, but the
Australian agencies get the royalties.'' Other non-governmental organisations in Asia had similar reactions.
''Farmers' organisations and governments in South Asia are incensed,
said Farhad Mashar of the Bangladesh-based farmer network UBINIG.
''They want an apology and they want to make sure it doesn't happen
again.'' When the Indian research centre charged the two corporations of
violating a signed agreement, the companies were forced to drop their
claims. But the corporations would have never been able to apply for
the patents if the Australian government had been doing its job, says
RAFI. While the Australian agencies admitted that they were not the original
breeders of the two strains, they went ahead and applied for patents
on the seeds with the Australian government. Curiously, both
corporations have acknowledged that the Australian government will not
process a patent if the applicants are neither the original breeders,
nor have the permission of the original breeders. ''At all times, Australia's patent office has acted correctly and has
not, and would, not process any application without the original
breeders's consent,'' says John Hamblin, director of the Australian
corporation Centre for Legumes. But seeing the Australian government was considering the patents,
proves that they would have allowed this bio-piracy, RAFI's Hammond
told IPS. ''This is hardly the end...far from an aberration, it seems
that several Australian states and institutes feel they have carte
blanche to pirate other peoples' knowledge and seeds.'' The Victorian State Institute for Drylands Agriculture, for example,
granted exclusive licenses for three Middle Eastern and Mediterranean
lentils, he says. While Victoria has no legal authority to do this,
each of the varieties had been given to the institute by ICARDA. ''Sadly,'' said Mooney, ''the Lentil Company bought what they were
told was the right to sell the seeds in Australia and abroad. The
licenses they won mean nothing at all - they have no rights.'' Bill Hankin, president of Australia's Heritage Seed Curators
Association agrees. ''The Lentil Company is a handful of hard- working
farmers trying to make a living. Its far from their fault.'' There are numerous other instances where Australian state and private
institutes have laid claim to other people's work, says Hankin. Pearl
millet from Zambia, clovers from North Africa, Italy, Greece and
Turkey, and other plants from Ethiopia, Tanzania, South Africa, Cuba,
Mexico, Morocco, and Poland are all under claim, he says. ''In every case, it looks like state agencies and private companies
are claiming monopoly rights as the so-called ''inventors'' of these
varieties. It's quite obvious that a government investigation is
needed into the operations of the Australian patent office,'' he adds. Third World farmer organisations are calling on the United Nations and
the Consultative Group to act against these violations. ''If the Australians won't act responsibly,'' says Dano of the South
East Asian Regional Institute, ''poor countries don't have the
capacity to police the world's patent offices to protect their
farmers. ''We need to strengthen the multilateral system to make sure that
countries aren't ripped off by dishonest corporations and
industrialised countries.'' |
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