Fri, Apr 12, 2002 - Page 17 News List

Free seed flow stopped by IPR rules

By Dan Nystedt  /  STAFF REPORTER , IN TAINAN

A nasty side effect of the war on intellectual property violations is emerging in southern Taiwan, as researchers say the flow of free seeds to needy nations is slowing because of a combination of IPR adherence and the growing value of genetic material.

"The transfer, or the flow, of germplasm [seeds and genetic material] from one country to another is becoming more difficult" due to international bodies like the WTO and "now, countries are beginning to think -- and the international community agrees with them -- that germplasm is owned by the country where it is found ... so they can refuse to give germplasm," said Liwayway Engle, a geneticist and head of one of the largest vegetable seed banks in the world at the Asian Vegetable Research and Development Center (AVRDC), a non-profit group based in southern Taiwan.

Engle said the situation has not yet become unbearable, but she hopes the trend does not continue. She said in the past, seeds were transferred freely, but now countries send out seeds only after a material transfer agreement has been signed that essentially bars the recipient of the seeds from applying for exclusive rights to those seeds. They can use the seeds in many ways, even commercialize them, but they cannot apply for exclusive rights. The center believes the flow of seeds is important for research, for the improvement of food varieties among impoverished and developed nations alike, and in food security. Engle hopes the AVRDC will play an important role in facilitating the flow of seeds and their genetic material, even though the current trend is for restrictions to continue growing as nations begin to view germplasm as national property.

"People cannot keep things just to themselves, and not give it to anybody," says Engle, because those who stop giving germplasm samples freely will also likely stop receiving them as well.

The AVRDC does not own any intellectual property rights on any of the seeds they hold or develop. The center says it is merely the caretaker of the seed bank, which contains over 48,000 variations of seeds, including those found in the wild, hybrids, genetically manipulated or developed by breeding. Originally, it was designed to hold only those seeds deemed as "globally important crops" but the AVRDC has added indigenous plants from around Southeast Asia and Africa as well, like the bitter melon, a vegetable indigenous to Taiwan but not widely known outside the island. The seed bank, dubbed the Genetic Resources and Seed Unit, was set up at the center's motor pool in the early 1970s. In a sign of the growing realization of the value of the collection came when it was moved into its own building in 1980. Over 180 nations have received seed material from the bank, and 150 nations have contributed back to the collection. Engle said the seeds are available to anyone upon request.

"[People] don't have to pay anything, the material will be given to them free ... but we do try to keep the place secure. We would not want to have anything happen [to the seeds]," Engle said.

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