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"The Future of Thai Rice: An Important Step After Patenting the Technology of Using Genes to Control Aroma in Rice" Organized by the Thai Science Communication Center, National Science and Technology Development Agency (NSTDA) where the benefits of receiving a US patent and of filing patent applications in Thailand were discussed...
Assoc. Prof. Dr. Apichart Vanavichit, Director of the Rice Science Center, Kasetsart University, Kamphaeng Saen Campus, who researched the rice aroma gene that led to a US patent on aroma-control technology in rice, said:
"Jasmine rice is a native Thai rice and a national identity, which cannot be protected directly by a patent because it is not considered intellectual property. Researchers therefore turned to the genes in rice and discovered the gene that controls rice aroma, and discovered a way to prove the function of that gene, which makes it possible to turn non-fragrant rice into fragrant rice. Patent applications for the method were therefore filed in Thailand, the US, Australia, China, the Philippines, Japan, Vietnam, India, France and Europe (EPO). A patent has now been granted in the US, on 15 January 2008, while in other countries, including Thailand, applications are under examination, which generally takes about 3–5 years. Patent laws differ in the details from country to country: the US allows genes to be patented, but Thai patent law does not allow patents on living things, whether plants, animals or microorganisms, or on naturally existing parts of living things, which includes the genes of living things, except for microorganisms that have been improved, which can be patented." Dr. Somvong Tragoonrung, Director of the Genome Institute, National Center for Genetic Engineering and Biotechnology (BIOTEC), and a researcher on the team that discovered the aroma gene in Thai rice, said: "The benefit Thailand gets from patenting this technology is preventing other countries from using it to make other rice varieties more fragrant than Thai rice, as well as for other uses, while giving Thais the right to build on it in various ways, such as developing test kits for the rice aroma gene, rice flour, and so on. It also benefits rice research, development and breeding, making it easier and faster to breed rice than before. "Obtaining the patent on aroma-control technology in rice also protects the image and rights of Thai rice and reduces Thailand's competitors. DNA testing of Phka Lamduan rice, a Cambodian variety, found it to be genetically very similar to Thai jasmine rice, and similar in taste and aroma. Until now, the origin of jasmine rice has also not been clear." Dr. Somvong also said that if foreign researchers discovered the aroma-control gene in Phka Lamduan rice first and patented it, Thailand would lose out and might lose its jasmine rice market. On the matter of patenting genes in Thailand, the Director of the Genome Institute expressed the opinion that "Thailand should allow patents on what Thais need and what benefits Thailand, to protect them from falling into foreign hands, such as medicinal plants." As to the concern that if Thailand allowed gene patents it would be at a disadvantage to other countries, since it might not be able to compete in technology, the Director of the Genome Institute explained that finding rice genes is very difficult, but Thais have succeeded and have already obtained a patent, so other plants should not pose any problem. The Director of the Rice Science Center had a similar view, saying: "I would like the Department of Intellectual Property to change its stance on gene patents, because discovering a gene is not easy. If genes are discovered and cannot be patented, research in this field may not advance. If Thailand allows gene patents, there should also be rules to protect Thailand's interests so they do not end up solely with foreigners when the research is done by foreigners, for example by requiring Thai researchers to be on the research team and requiring that Thailand receive the benefits arising from the gene patent." "We are now studying how to breed jasmine rice with a stronger aroma, or one that keeps its aroma longer, and with insect tolerance as well, since normally the more fragrant the rice, the more it invites insects to damage it. We are also researching other genes that play a role in controlling rice aroma, to develop new innovations in case the patent on this method of aroma control in rice expires, since a patent protects rights for only 20 years," said Dr. Apichart.