Thailand Fights U.S. Fake "Jasmine" Rice

by Prangtip Daorueng

As a result, they have linked arms to protect the interests of Thais who grow jasmine and see the U.S. trademark as an attempt to confuse consumers and undercut their intellectual property rights.

Last week, Thai lawyers and genetic conservation groups asked the commerce ministry to file a complaint with the U.S. about the moves of the Texas-based RiceTec Inc.

In September 1997, RiceTec won trademark over a brand of rice called "Jasmati," described as a copy of the aromatic Thai jasmine rice. The product's package says it is the "Texas-grown copy of jasmine rice from Thailand."

"RiceTec is attacking basmati. Now it will be very easy to attack jasmine," Witoon said. "The company can patent it like what they did to basmati. If they find the gene for jasmine aroma, they can claim a monopoly on it just for identifying it."

At about the same time RiceTec registered its trademark of "Jasmati" brand, it also won a U.S. patent for the breeding of basmati rice, which has been developed by generations of Punjabi farm families. The patent covers basmati grown anywhere in the Western hemisphere, and any breeding of Pakistani or Indian basmati strains with the firm's other proprietary seeds.

But while RiceTec has obtained a patent for breeding basmati, it does not have similar rights over jasmine rice -- at least not yet. So far, its trademark covers the "Jasmati" brand but not a patent on the germplasm of jasmine rice.

"To our knowledge, RiceTec and other U.S.companies marketing 'their own versions' of our Jasmine rice have not patented the germplasm, but are exercising their own claims to the name. This in itself is an offense. But they have also distorted the name to our direct disadvantage," a BIOTHAI statement said.

BIOTHAI, a non-government organization based in Bangkok, asserts that RiceTec's "Jasmati" brand has nothing to do with Thailand's jasmine rice.

It said that RiceTec's "Jasmati" is derived from a variety called Della, developed in the U.S. Della is a selection from Bertone rice, which is from the Piedmont area of Italy.

Activists believe the use of "Jasmati" brand is aimed at misleading consumers into thinking they are getting Thai jasmine rice.

This, in turn, could imperil Thailand's market share in jasmine rice exports. As one of the world's biggest rice exporters, Thailand last year exported 5.3 million tons of rice. Jasmine rice -- which Thai agricultural officials say is unique to the country -- accounts for more than 25 percent of the country's rice exports each year.

"RiceTec is capitalizing on the genius of others," said Pat Roy Mooney, executive director of the Canadian-based Rural Advancement Foundation International (RAFI). "I'm sure farmers in the Punjab would be happier if the company paid each of them $75 to $100 a month to use their good name and germplasm."

Analysts say the war has just started between rights over biodiversity between indigenous farmers of developing countries and private firms with high technology.

Over the years, while international agreements have recognized that farmers have rights over local plant species, international laws and agreement have also moved toward the concept of patenting.

For example, the new agreement on intellectual property rights under the World Trade Organization (WTO) requires developing countries to set up monopoly rights legislation for plant varieties by 2000.

At the same time, life forms such as plants, animals or even human genes can be patented under U.S. law. The European Union on May 7 endorsed a rule that makes it legal under European law to patent life forms and genetic material.

"If the EU and WTO proposals push through, it will soon be very possible to patent jasmine rice abroad. With the demand for this good rice skyrocketing, the hopes of Thai farmers are turning into worries," the BIOTHAI statement argued.

Witoon says many developing countries, including Thailand and India, are drafting bills to protect their indigenous species but these are unlikely to be enforced before 2000.

Ten years ago, Plao Noi, a Thai plant whose medicinal properties are inscribed in ancient herbal books, was patented by the Japanese who extracted its active ingredient for treating ulcers.

More recently, Thai television featured an American researcher who obtained a patent on the Map-30 protein from a native Thai bittergourd. Thai scientists were also studying it for its anti-HIV properties.

Meantime, Witoon, BIOTHAI and commerce ministry officials are going to a WTO meeting in Geneva this month to campaign against the patenting of biodiversity.

Witoon said: "Patent law under WTO focuses only on the commercial aspect without looking at cultural and indigenous intellect. Indigenous communities around the world have been using their cultures to lead their agricultural production patterns and livelihood for generations."

"That's why we don't agree with patenting of biodiversity that will allow big firms with high technology from developed countries to come in and monopolize what local people have used their life experience to build up for generations," Witoon pointed out.

Bamrung Kayotha, leader of the Forum of the Poor, a network of more than 100 people's organizations, says it is time farmers and community rights got equal priority as private firms' rights.

"The WTO forces us to support formally educated plant breeders. Why should we give monopoly rights to a handful of plant breeders and nothing to the millions of farmers who developed and nurtured the materials these breeders rely on?" he asked.