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Basmati And Jasmine Rice Patent

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Basmati And Jasmine Rice Patent

Post  This account is not Jeff. on Thu Jan 10, 2013 1:37 pm

BASMATI AND JASMINE RICE PATENT

http://www.genecampaign.org/Publication/Article/IPR/basmati%20Patent-notMisunderstanding.pdf

BACKGROUND.
In India and Pakistan, they make basmati rice. They had a special way of making the rice.

Also, in Thailand, they make jasmine rice.

WHAT HAPPENED?
RiceTec, a rice company from Texas, patented these rices as “American Basmati,” meaning that they’ve patented how to make those rices. The patent was granted on 1997.

EFFECT OF THE PATENT.
They can sue and they DID sue the farmers who produced these rices. The farmers were punished by law. It is bad for farmers if they can’t make rice!
Also, since they’ve already patented the product as theirs, they can reject the exporting of those products to the US, which is bad for the India, Pakistani, and Thai market!

TRYING TO FIX IT.
2 non-governmental organizations (NGO’s) -- Centre for Food Safety, an international NGO that campaigns against biopiracy (which is what RiceTec is accused of), and the Research Foundation for Science, Technology, and Ecology, and Indian environmental NGO -- have filed legal petitions in the US.
They want trade protection for the basmati rice of India and the jasmine rice of Thailand.
They want the US to acknowledge that the term “basmati” can only be used for rice grown in India and Pakistan, and “jasmine” for rice grown in Thailand. (They claim that the US also patented the terms).

As of June 2000, the Indian government collected evidence and challenged the patent.

THE (stupid) DEFENSE OF RICETEC.
“ RiceTec CEO Robin Andrews has said that there has been tremendous misunderstanding about the basmati patent because of the lack of similar laws in India. RiceTec claims that they have patented the breeding method, not the term basmati itself, and that the patent poses no threat to Indian farmers and breeders. So what is the issue all about?

What does India or Indian farmers gain by the cancellation of the patent?Is the gain only a moral win, or are there practical implications? ”

*Note, patenting the breeding method is SO a big threat to Indian farmers and breeders.

**Note that if the patent is cancelled, they can’t sue farmers for violation of patent, and they can’t reject their rices being exported to the US.

MORE ON PATENTING.
In the US law in this situation, they can patent discovery. However, the issue is that to patent something, you need it to be original. With regards to basmati rice and jasmine rice, the products already exist! That is why people claim that they can’t patent the rice.

This account is not Jeff.

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Join date : 2012-11-20

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