1.
As part of discharging India's obligations under TRIPS, the new Bill
giving effective protection for newly bred plant varieties has been passed
by both houses of parliament and this has in turn also received the assent
of the president. In other words, from now onwards the Intellectual
Property Rights aspects of the newly developed plant breeds in India will
be governed by the concerned clauses of the above Bill, be they developed
by the conventional hybridization techniques, nuclear techniques or newly
emerging by the state-of-art biotechnological techniques.India implemented
the celebrated Green Revolution and equipped herself self sufficient in
food under the overall IP umbrella of a ' plants not patentable'
legal frame work. If India has to implement a Gene Revolution to meet the
huge additional food demand by the quarter of the century, this program
will have to be regulated for IPR compatibility as per clauses enlisted
in the Bill.
2.
A quick review of the world patents literature indicates that there are
already over 150 patents granted under the keyword "genetically modified
plants", the last one being even as late as this month ! When viewed that
India is yet to have her own contributions in this area of agricultural
research, one can understand the vast Technology Gap existing in this field
, whatever be her ability to understand and appreciate the intricacies
of this newly emerging knowledge-product revolution.
3.
Importantly enough , though through the connivance of allegedly unscrupulous
traders, the Indian farmer has already tasted the flavour of the Bt cotton
; undoubtedly the legal violation must be curbed and punished, but then
there cannot be undue delay in solving the problem as well. The estimated
cotton crop losses are estimated at Rs 1,300 crores and according
to senior agricultural scientists like Vinay Kumar, Vice Chancellor of
Haryana Agricultural University, a situation has reached where there is
no alternative to the introduction of Bt cotton. The Indian scientific-bureaucratic-legal
structures will have to bear the brunt and come clean at the earliest in
line with the writings on the wall and that of the international scenario.
4.
Patentmatics.com wishes to highlight the issues connected with this impending
Gene Revolution and as part of this , we give below the following article
from Business Line, November 23,2001.
Genetically modified
plants -- Biological intervention, the answer
Ashok
Chaudhury
GENETICALLY modified (GM)
or transgenic plants will play an important role in Indian agriculture.
The situation unquestionably calls for an integrated approach for sustainable
agricultural development, as no single option will provide an answer. One
of the solutions, scientists agree globally, is biotechnological intervention,
which can play a vital role in not only increasing the crop yield but also
improving the nutritional quality.
Plant breeders have been
improving traditional crop varieties through hybridisation of diverse germplasm
and selection for better performing varieties. However, self-incompatibility
and species barrier has been a limiting factor in many crop plant improvement
programmes. With the advent of molecular biology and genetic engineering
techniques, it is now possible to isolate, clone and transfer genes of
agronomic importance across species. This technique has not only enabled
precise transfer of one or two genes from one species to another but also
hastens the over-all process of crop improvement. Recent innovations in
biotechnology have led to a revolution in modern agriculture worldwide.
Adopting adequate strategies
for harnessing biotechnology research will ensure increased production
of foodgrains, both quantitatively and qualitatively, as well as milk and
animal products. There is a definitive need for biotechnological intervention
in Indian agriculture. Numerous field trials of transgenic plants worldwide
for increased crop production through insect resistance, herbicide tolerance,
nutritional improvement, oil quality and plants as a factory for edible
vaccines are being conducted.
The Green Revolution,
ushered in the late 1960s, has certainly transformed the country from a
state of foodgrain importing to that of self-sufficiency. However, with
our burgeoning population, the achievements of the Green Revolution are
proving to be insufficient to feed our teeming millions. Injurious farm
practices that are commonly in use have damaged the cultivated land through
water and wind erosion, compaction, salinisation, and water logging. The
extent of the forest reserve is a sad mismatch between desirable levels
and the actual ground reality. Over-tillage rapidly depletes prime agricultural
lands. Very little quality land is available to increase the area under
farm production today.
It is, therefore, not
surprising that India would need to import an estimated 45 million tonnes
of
foodgrains to meet the
basic requirements of food by 2030. There is a little doubt that agricultural
research will have to be rejuvenated to meet the increasing demands of
farm production. To achieve this, there will have to be a paradigm shift
from the methodologies of the 1970s and 1980s. Radical changes will have
to be made in the very thought processes that go into planning for the
needs of the new century. Conservative and obsolete policies drawn for
an older era will have to give way to realistic measures that reflect the
urgency of the demand for availing technological breakthroughs that are
available to us. The success of the Green Revolution of the earlier decades
will now have to be repeated through a Gene Revolution.
In addition to increasing
the total useful biomass in plants, improving or creating resistance to
insects, pests, and microbes, value-addition to crops through suitable
alteration of carbohydrate profile, addition of specific amino acids and
vitamins, modification of fatty acid profile to meet the dietary requirements
of humans and animals, elimination of certain biosynthesised products harmful
to animals, enhancing the shelf-life of fruits and vegetables, and enhancing
production of certain metabolites are some of the options that have been
made possible by successfully employing biotechnology tools.
Vaccines can now be efficiently
administered to the needy population through their incorporation in a common
fruit such as banana.
While pursuing greater
productivity, we need to redesign the crop and be able to add value to
the farm produce so as to make agriculture more rewarding to farmers. A
revitalised Indian agriculture can be the engine of growth in the new millennium,
and biotechnology might be the best fuel for this. When deployed sensibly
and with responsibility, biotechnology can be a major benefit to our society.
Several protest groups
are confusing farmers and consumers alike on the inherent social, ethical
and environmental risks being posed by genetic modifications and consuming
foods from such modified plants. One should not forget that every human
activity has inherent risks. Be it the use of electricity, nuclear power
or even the use of new drugs and vaccines, or driving a car or flying in
an airplane, all have certain perceived and real risks. Public acceptance
of these risks is driven by the perception of the risk rather than the
physical reality. Deadly chemicals continue to be manufactured even after
the Bhopal leakage, and nuclear power plants using radioactive material
churn out megawatts of power, despite the Chernobyl debacle.
It is interesting to note
that in 1996 the acreage under transgenic plants was 1.7 million hectares,
in 1999 over 45 countries from the US to China, including Canada, Argentina,
Brazil, and India, had planted transgenic crops on over 39.9 million hectares
while in 2000 more than 44.2 million hectares were planted. Exhibiting
thereby, more than 25-fold increase in total area under transgenic crops
worldwide. The global market for GM products has grown rapidly from $75
million in 1995 to $2.1-2.3 billion in 1999, crossed $3 billion in 2000
and is expected to reach $8 billion by 2005.
Globally, over 3,647 field
trials of GM crops were conducted, of which 796 were in Western Europe
and the rest in the US, Canada, Latin America and Asia. Genetically modified
foods worth billions of dollars, ranging from cheese to tomato and soybean,
are being consumed in all these countries (besides Japan and Australia),
and there has not been even one report of adverse effects either to human
health or to an animal from the use of such products.
Recently, some protest
groups have been claiming that the transgenic plants generated have antibiotic
resistance markers which are highly toxic and may cause allergenicity in
people consuming GM food thereof. The presence of a suitable marker is
necessary to facilitate the detection of genetically modified plant tissue
during development. These genes have no intentional function in the genetically
modified organism or in any products derived from it. Marker genes in genetically
modified plants are almost exclusively of two types: Genes conferring antibiotic
resistance and those conferring herbicide tolerance. The most widely used
selectable marker is a bacterial gene for neomycin phospho transferase
(NPTII), an enzyme that inactivates a number of related aminogycosidic
antibiotics including kanamycin. After the introduction of constructs containing
the NPTll gene into plant cells, kanamycin is applied to kill non-transformed
tissue. Transformed cells expressing NPTII gene are protected from the
effects of the antibiotic and, using appropriate plant tissue culture media
transgenic plants are regenerated. Extensive experimentation to demonstrate
that the potential for compromising the efficacy of kanamycin or neomycin
for therapeutic use in humans or animals by consuming the food and feed
products derived from GM plants is effectively negligible owing to the
following reasons:
The transfer of the NPTll
gene from GM plant to gut microflora is extremely unlikely because there
is no evidence that such transfer can occur. This conclusion is supported
by studies, which demonstrate that horizontal gene transfer from plants
to microbes did not occur under a variety of test conditions.
The expression of the
NPTll gene in GM plant is under the control of a plant-specific promoter,
which is not expected to function in bacteria.
Even if expressed in intestinal
bacteria, antibiotic therapy would not be compromised, as the co-factors
necessary for the enzyme to inactivate kanamycin and neomycin are not present
at the required concentration range in the gut. The NPTII protein would
be rapidly degraded in the gut.
The ideal situation would
be to develop strategies to remove a selectable marker from a transgenic
plant before commercialisation. However, now strategies have been developed
to generate marker-free transgenic plants which rely on high transformation
efficiencies and which will allow the removal of the selectable marker
gene by several methods. Numerous companies engaged in seed/agricultural
biotechnology have a major role to play by keeping up their research efforts
as also by disseminating information about the same. They need to soften
their stand on royalty issues.
The relation between
research institutes and industry needs to be strengthened for realising
full commercial benefits through clear economic analysis of the benefits
of adopting of the transgenic crops. The role of the media must be one
of balanced reporting that is based on scientific data rather than on sensationalism.
They should elaborate on giving technically correct information rather
than on sensational reporting.
The mainstream population
will have to be necessarily involved and duly communicated to without hype
or false hope. Scientists who are developing genetically modified crops
and the new opportunities that they foster are the fountainhead of evolving
knowledge and hold primary responsibility for its effective dissemination.
Policy-makers, administrators,
legislators, judiciary, industry, farmers, and the media will each have
to play an active role in safeguarding societys interests by their participative
decision-making. We should not be swayed by the European stand of resisting
GM crops, in India our priorities are altogether different. |