-----Original Message-----
From: Biotech-Mod2
Sent: 02 April 2001 10:50
To: 'biotech-room2@mailserv.fao.org'
Subject: Liability for biotech products in developing countries
A judge in a federal court in Saskatoon, Saskatchewan, yesterday ordered a Canadian farmer to pay the biotechnology giant Monsanto Co. thousands of dollars because the company's genetically engineered canola plants were found growing on his field, apparently after pollen from modified plants had blown onto his property from nearby farms. The decision was a major setback for farmers who fear they will be held liable if pollen from neighboring farms blows onto their fields, transmitting patented genes to their crops without their knowledge or consent. Dozens of similar lawsuits have been filed against farmers around the United States, but the Canadian case is the first to go to trial. A Monsanto spokeswoman in Winnipeg, Manitoba, said yesterday that the decision will help protect the IPRs of the company and of thousands of farmers who pay for its technology. (Source: Washington Post Friday, March 30, 2001; Page A03).
What are the implications of a similar judgement for farmers in developing countries ? I believe, in the worst case scenario, it would initially lead to a lot of legal fights resulting in wastage of precious financial and time resources. Ultimately, it may even lead to widespread unrest among the masses, and possibly the emergence of so-called "bio-terrorists" and vandals who will destroy trials of biotech products. It may also have a dampening effect on the development of indigenous biotechnologies appropriate to a particular crop/region/country. Access to advanced technologies will also be limited in the long run. In order to make sure this does not happen, necessary policy safeguards must be devised in the developing countries right before field introduction of biotech products in a manner consistent with development objectives and public policy concerns of each country. From a policy perspective, the adverse effects of IPRs on innovation within a country can be reduced by establishing smooth, easy, and less expensive means for licensing. The Consultative Group on International Agricultural Research (CGIAR) with its focus on the needs of the developing countries could play a significant role in such an effort.
Ms. Manjula Luthria from Georgetown University, USA, reported in 1996 that in comparison to industrial nations, patent values in a developing country (India in this case) are much lower and the rates of decay of these values substantially higher. She also found that the patent values in agriculture are the lowest among various industries considered (Source: http://www.worldbank.org/html/fpd/technet/sem-sums/MANJULA.HTM). In view of such findings, the need for acceptance of differential standards for enforcement and protection of IPRs in various countries, especially in the agriculture and food sector and at least for another 15-20 years, is vital. Simultaneously, international organizations and developed countries can assist the developing countries to upgrade their public administration of IPRs, develop the judicial systems to enforce the IPRs and improve the human capital base related to IPRs.
Ancha Srinivasan, Ph.D.
Senior Researcher, Regional Science Institute
4-13, Kita 24 Nishi 2, Kita-ku, Sapporo 001-0024 Japan
Tel:+81-11-717-6660 Fax: +81-11-757-3610
E-mail: ancha@vtt.co.jp or ancha_s@yahoo.com
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