[Commons-Law] Patent battles around wheat

[Sudhir Krishnaswamy]

Posted below is a news article detailing RFSTE's decision to challenge a European patent granted to Monsanto on a wheat variety on the grounds that it is derived from an Indian wheat variety. Unlike with the neem and basmati patents it's clear that the patentee, Monsanto, perceives this as a threat and has launched an intense media counter-campaign!

Watch this space
Sudhir

Patent for wheat variety to be challenged 
http://www.hinduonnet.com/thehindu/2003/08/06/stories/2003080604191200.htm

By Our Special Correspondent 

NEW DELHI Aug. 5. After having successfully challenged neem and basmati patents, the Delhi-based Research Foundation for Science, Technology and Ecology (RFSTE) has now proposed to challenge the patent recently granted to Monsanto for a new wheat variety. 

Addressing a press conference, the Director of RFSTE, Vandana Shiva, said the patent would be challenged on the ground that there was nothing novel about the variety as it had been developed by cross breeding an Indian variety that had been bred, conserved and grown by farmers here over centuries. 

The patent had been obtained by Monsanto from the European Patent Office on the ground that the flour produced from the new variety had a low level of elasticity. But this trait had been derived from the native Indian variety. Several international NGOs, including Greenpeace, had agreed to support the move to challenge the patent, she said. 

The grant of patent to Monsanto, she said, was harmful to Indian interests as there was a growing international demand for products such as semi-sweet biscuits, non-fermented crackers, wafers, and other food items made from flour which had low elasticity. 

At present, no wheat variety was available commercially in the developed world which had this trait and consequently the manufacturers had to use chemicals. This was posing a problem as there was growing consumer pressure for products that were not chemically treated. 

With Monsanto getting the patent, the possibility for India to tap the potential market for low elastic wheat has been blocked. 

Interestingly, even as Ms. Shiva was holding her press conference, a group of employees of a public relations agency representing Monsanto stood outside the venue distributing a press release giving the company's response to the controversy. 

Pointing out that what had been granted was only a process and not a product patent, the release said there was no restriction on Indian farmers and scientists to use the traditional Indian variety for future research. Indian farmers would even be able to plant the newly developed variety freely. 

Later, speaking to The Hindu, Ranjana Smetacek, Director, Public Affairs of Monsanto, said that the European patent laws were very strict and the fact that the variety has been granted patent meant that it was worthy of being patented. 

She also said that the patent application was filed as early as in 1991 and it has granted only now.  
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