The Controversy Surrounding Thai Hom Mali
Published on December 24, 2001

Since October 2001, a U.S. research project, led by researcher Chris Deren and backed by the United States Department of Agriculture (USDA), has been generating a good deal of controversy in Thailand. Thai rice producers argue that the United States is liable for bio-piracy, the theft of biological resources and traditional knowledge, of Thailand's Thai Hom Mali rice variety, and should not be allowed to carry out research and patenting of the strain, a product that has been perfected over generations by the Thai people.

Thai Hom Mali rice is indigenous to Thailand. In the past, it has been variously labeled as "fragrant rice", "jasmine rice", "aromatic rice" or "scented rice". This variety of rice can only be grown in the hot, sunny climates of Southeast Asia. However, Thailand has developed three varieties of Thai Hom Mali called Khao Dok Mali 105, Khao Jao Hawm Klong Luang 1 (KLG1) and Khao Jao Hawm Suphan Buri (SPR-A), which have produced higher yields and higher resistance to diseases and insect pests. Therefore, Thailand has become internationally recognized as a leading exporter of this unique rice.

In 2000, Thailand exported 6.59 million metric tons of rice valued at 68.1 billion baht. According to the USDA, Thailand is projected to remain the world's top rice exporter for 2001, with approximately 6.7 million metric tons. Following closely behind is Vietnam with 4 million metric tons, while the United States is ranked third with 2.65 million metric tons. A representative from the Manila-based International Rice Research Institute (IRRI) said Thailand produces about three million tons of its celebrated jasmine rice annually, with some 1.2-1.4 million tons earmarked for export. The United States imports up to 300,000 tons of jasmine rice while Singapore, Malaysia, China, Australia and Canada represent other important export markets, he said. Income from rice sales supports around 40 per cent of Thailand's population. A loss in world market share would have a significant impact on the Thai economy.

In an effort to protect its biological assets, Thailand enacted the 1975 Plant Protection Act under the Thai Department of Agriculture. This law bans the commercial export of rice seeds. In addition, the Ministry of Agriculture must approve exports of rice seeds in small volumes, which could be used for research purposes. However, Banyong Phuangrat, director-general of Thailand's Department of Intellectual Property, told the Thai News Agency (TNA) that Thai Hom Mali rice could not be protected as a new species under the Plant Protection Act, as it was a native strain. The only way to solve the problem would be to use international law, and to rush to issue a Biodiversity Act to protect both plants and animals, he said.

In October 2001, Thailand heard rumors that Chris Deren was, supported by the USDA, developing a strain of Thai Hom Mali rice, which could possibly be grown in the United States' growing climate. Chris Deren claims he received the Thai jasmine rice seeds (Khao Dok Mali 105) in 1995 from a gene bank at IRRI in the Philippines. However, Thai officials were concerned that the germplasm may have been stolen.

When asked about his research, Deren said the new strain of Thai Hom Mali he is working on needs less sunshine than the Thai variety. Therefore, it can easily be grown in the United States. Thailand feels that this research violates the international biodiversity treaty and World Trade Organization rules under the Agreement on Trade-Related Intellectual Property Rights (TRIPS).

Many in Thailand feel that the United States is taking advantage of Thailand's lack of legislation on intellectual property rights. Complaints from Thailand were lodged with the U.S. Department of Commerce, as well as the USDA. The U.S. Trade Representative, Robert Zoellick, when confronted on the issue, said the issue was not directly his responsibility. In addition, he commented that Thailand should abolish the requirements for U.S. exporters of information technology to produce certificates of origin, thereby suggesting that his help could be contingent on political issues.

Concern surrounding the protection of Thai rice has prompted the Commerce Ministry to quickly register a certification mark for Thai Hom Mali rice in six countries - United States, Canada, Australia, Hong Kong, Malaysia and Singapore. The certification mark is aimed at helping to assure consumers that rice imported with the mark meets quality standards set and enforced by the ministry. The certification mark is used to certify the origin, composition and method of production, quality or other characteristics of a product. Thai exporters who wish to export under the trademark Thai Hom Mali must meet the standards set by the ministry.

Thailand also feels that bio-piracy of Thai Hom Mali should be protected under the TRIPS Agreement, Part III, Article 22, Geographical Indications, which states,

Article 22: Protection of Geographical Indications

1. Geographical indications are… indications, which identify goods as originating in the territory of a Member…where a given quality, reputation or other characteristic of the goods is essentially attributable to its geographical origin.
4. …protection… shall be applicable against a geographical indication… [that] falsely represents to the public that the goods originate in another territory.

However, once again, the TRIPS agreement only provides patent protection for new inventions, which involve an inventive step and capture industrial applications, while Thai Hom Mali is a native strain. Despite this, Thailand is planning to include Thai fragrant rice - the Hom Mali variety - on the list of protected products under the agreement when a new round of global trade negotiations begin.

Thai Hom Mali, in theory, is also protected under the 1992 United Nations Convention on Biological Diversity (CBD 1992) under Article 8 (j), which states:

…access to genetic resources is subject to its national legislation and will promote, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and practices.

In addition, Article 15, of the CBD,

1. Recognizes the sovereign rights of States over their natural resources
2. Facilitates access to other contracting parties
3. Covers only genetic resources acquired in accordance with country of origin provision in this convention
4. Access shall be on mutually agreed terms and subject to the provisions of this article
5. Access shall be subject to prior consent of the Contracting Party
6. One Contracting Party shall develop and carry out scientific research based on genetic resources prided by other Contracting Parties with full participation of Contracting Parties, and; 7. The results of research and development and the benefits arising from the commercial and other utilization of genetic resources shall be shared in a fair and equitable way.

Unfortunately, CBD is not widely recognized not enforced around the world.

To combat the problem, the Thai Ministry of Commerce is taking urgent steps to certify Thai Hom Mali rice in six countries, including the United States, while rushing to get it certified in another 45 countries next year. In addition, the Commerce Ministry ordered its commercial attach? in Washington DC to closely follow the work of U.S. rice researcher Christopher Deren on a continual basis. If Deren tried to patent his rice, the commercial office should oppose his efforts immediately. However, commercial development of the new strain is expected to be at least 7-10 years away. Therefore, it is important that in upcoming years, international laws are developed and strictly enforced, which stand against bio-piracy, and the protection of both plants and animals.

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