Copy cannot be better than the original

By Gargi Parsai

NEW DELHI, AUG. 21. The official stand on the United States Patent and Trademark Company granting the patent to Texas-based RiceTec for ``superior strain'' of Basmati rice is that it won't impact on rice exports. However, the issue is that the U.S. patenting agency has not only discounted India's claim on strains developed from Basmati as a parent, but not even given it a chance to fight it out. Basmati rice was evolved by farmers of undivided Punjab and has been grown here traditionally.

On the very fact that RiceTec had to withdraw four of its claims with regard to aroma and quality that were earlier challenged by India, the patent claim of the U.S. firm should have been struck down. Instead, it has been granted patent on Bas 867, RT 1117 and RT 1121. Only, it cannot sell under the brand name `basmati' but can under the label ``texmati'' or whatever and claim their varieties as ``superior to basmati.''

To say that the RiceTec varieties - developed from the Basmati germ plasm - are superior is a misnomer. It is meant only to hurt India's sentiments and the Basmati market. RiceTec has claimed that the varieties developed by it are different from India's traditional Basmati in that they are not ``prior art'' (not documented) and have unique genetic characters. However, any new strain would have something unique; but that does not make a copy better than the original.

The patent was also claimed on ``starch index'', which determines the cooking quality and which is equivalent to the Basmati grain. The question is that if it is ``equivalent'' to Basmati, why should patent be granted to another variety. ``The fight,'' says Dr. Devendra Sharma, plant breeder, ``is for India's traditional wealth. RiceTec's variety is not technically called Basmati. For the rest, it is Basmati.'' The grant of patent to the Basmati parented plant variety shows the inadequacy of India's Plant Varieties and Farmers Rights Bill, which has been approved by the Lok Sabha and is to placed in the Rajya Sabha.

The Bill that has been brought to meet WTO obligations does not allow for patents and, as such, is inconsequential in the world arena. On the other hand, the U.S. has in place a Plant Varieties Act which allows for patents on products, as well as grants protection to non-commercial plant varieties.

The other option before India is to quickly set the Geographical Indication norms which grant protection to anything that is unique to a region as Scotch Whisky to Scotland and champagne to France. India had challenged the usage of the term ``Basmati'' as a violation of ``geographical indication'' and that has been upheld.

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