Plant experts are calling for a speed-up of the new Plant Variety Protection Bill to prevent piracy of kwaao khruea, the Thai herbs reported to be eyed by foreign investors due to its potential to become high-value medicinal products both in domestic and oversea markets.

Wichai Cherdshewasart, Chulalongkorn University Faculty of Science researcher, said he has heard that local markets of kwaao khruea (or Pueraria mirifica), are being cornered by foreign investors, particularly Japanese firms.

"Now at least one Japanese firm is planning to run a permanent project in Thailand. The project is believed to be in full cycle, from plant breeding to product manufacturing," said Dr Wichai.

Pennapa Subcharoen, director of the National Institute of Thai Traditional Medicine, cited an unofficial report as saying the selling of kwaao khruea to foreigners is widespread in northern provinces such as Phrae, Nan, Chiang Rai, Mae Hong Son, Sakon Nakhon, and other border provinces. Some foreigners who have long settled in Thailand even open a small shop to purchase the plant from villagers. Such practices would soon result in extinction of the plant because villagers would think of nothing but money.

She added the price of kwaao khruea in local markets is very cheap, only 120-250 baht per kilogramme, while the price in oversea markets is rising to over a thousand baht per kilo.

Now Japanese investors are waiting for state permission to import kwaao khruea to their countries, but what they want is only powdered kwaao khruea to be used as raw materials for their own products. These products might return for sale in Thailand at higher prices.

"If the bill is enforced, I believe more of our plants would be saved. But it's a matter for the bureaucratic system which is always too slow," said Dr Pennapa.

A source from the Agriculture Department's Botany and Weed Science Division's plant protection office revealed that some Japanese, German and American firms are now conducting research on Pueraria mirifica in Thailand. If they are successful in breeding the plant and registering it as their own invented species, it would be a great disadvantage to Thailand.

He admitted so far there has been neither an official survey by state agencies on the exact amount of kwaao khruea nationwide, nor any plan to protect this type of plant.

According to the source, the most effective law is the new Plant Variety Protection Bill, which is now under consideration by the Council of State.

The bill was proposed by the Ministry of Agriculture and Agricultural Cooperatives, after being drafted by a group of academics, biodiversity advocates and the Forum of the Poor. It is aimed at protecting both plant species existing in nature and newly-modified varieties, and addressing ways to protect and conserve the country's biodiversity resources which are at risk from piracy.

The protection of newly-bred species would be an incentive for breeders to create commercial plant varieties. According to the new bill, local communities which preserve the species should share the benefit with breeders who make use of local plant varieties.

However, there was concern that protection of kwaao khruea would be too late if the authorities waited for the new bill because it is expected to take some time before enforcement.

The department source said the best way to protect the plant now is to issue a ministry regulation declaring kwaao khruea a preserved plant to bar it from being exported, but more study and discussion is needed before the ministry makes a decision.

Researchers who are successful in inventing their own formula for the plant products could protect their rights by registering the formula under the copyrights law.

Dr Wichai said he is now selecting a private firm for a joint venture in a full-cycle project starting from growing the plant and making medicinal products.

The chosen company must follow four criteria - production must be based on academic data, the project must be in full cycle, the company must have potential to compete in international markets, and the products must be sold at reasonable prices for Thai people.