DEVELOPING COUNTRIES SEEK EMPOWERMENT IN BIOTECH

UNCLAS SECTION 01 OF 06 ROME 003648 SIPDIS USAID FOR JOSETTE LEWIS USDA WASHDC FOR JUNE BLALOCK STATE FOR SCIENCE ADVISOR NEUREITER EB FOR A/S WAYNE, PDAS DONNELLY, DAS GADSDEN EB/TPP/ATT FOR PEREZ E FOR SHUB EUR/ERA FOR HEN-NIL OES FOR A/S TURNER, PDAS ROCK STATE PASS USTR FOR STROJE, NOVELLI STATE PASS USDA FOR APHIS:SMCCAMMON, USDA/FAS:BLUM USDA/OS/HEGWOOD STATE PASS FDA FOR EFLAMM NSC FOR EDSON E.O. 12958: DECL: N/A TAGS: AORC EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO IT FAO ITAORC FAO ITAORC FAO ITAORC FAO ITAORC FAO ITAORC FAO SUBJECT: DEVELOPING COUNTRIES SEEK EMPOWERMENT IN BIOTECH FROM INTELLECTUAL PROPERTY RIGHTS ¶1. SUMMARY: DESCRIBING THEMSELVES AS BIOTECH INNOVATORS, RESEARCHERS FROM LARGE DEVELOPING COUNTRIES (INDIA, BRAZIL, CHINA, THE PHILIPPINES, AND OTHERS) PARTICIPATING IN A JUNE 24-27 WORKSHOP CO-SPONSORED BY THE U.N.'S FOOD AND AGRICULTURE ORGANIZATION (FAO) AND THE UNIVERSITY OF ROME TOR VERGATA EMPHASIZED THEIR NEED FOR GREATER EMPOWERMENT IN IPR (INTELLECTUAL PROPERTY RIGHTS) PROTECTION. THE AIMS OF THE CONSULTATION WERE TO ANALYZE THE EFFECTS OF IPRS ON UNCLASSIFIED PAGE 03 ROME 03648 01 OF 06 240911Z BIOTECH IN THE DEVELOPING WORLD, DELINEATE APPROPRIATE POLICY OPTIONS TO MEET PRIORITY NEEDS WHILE RESPECTING INTERNATIONAL OBLIGATIONS, IDENTIFY CAPACITY NEEDS, AND PRODUCE RECOMMENDATIONS FOR ACTION. LARGE DEVELOPING COUNTRY REPRESENTATIVES DID NOT IDEOLOGICALLY OPPOSE IPR OR GRUMBLE ABOUT MULTINATIONALS BUT, INSTEAD, SEIZED THE OPPORTUNITY TO EXPRESS THEIR EAGERNESS TO USE IP TO PROTECT THEIR OWN RESEARCH DEVELOPMENTS. IMPORTANT OUTCOMES WERE: -DEVELOPING COUNTRIES EMPHASIZED THE ROLE OF PUBLICLY FUNDED RESEARCH AND THE NEED TO SHAPE IPR REGIMES TO BE MORE AMENABLE TO PROTECTING AND COMMERCIALIZING PUBLIC SECTOR RESEARCH. -DEVELOPING COUNTRIES STRESSED THAT SCIENTISTS LACK BOTH ADEQUATE KNOWLEDGE OF IPR AND AN UNDERSTANDING OF WHEN TO SEEK PATENT PROTECTION. -DEVELOPING COUNTRIES NOTED THAT FARMERS OFTEN PLAY A DRIVING ROLE IN DECIDING WHETHER TO ADOPT NEW TECHNOLOGY (SUCH AS GMOS) WHEN DECISIONS ARE STYMIED AT THE POLITICAL LEVEL. -EXTENSION (MOVING TECHNOLOGY FROM THE LABS TO THE NATIONAL AND LOCAL LEVELS) REMAINS A PROBLEM IN DEVELOPING COUNTRIES. -DEVELOPING COUNTRIES EXPRESSED THEIR DESIRE TO PARTICIPATE IN PUBLIC-PRIVATE PARTNERSHIPS OF THE TYPE THAT MONSANTO AND SYNGENTA ARE FACILITATING. SUCH PARTNERSHIPS FOCUS ON IMPROVING THE QUALITY OF CROPS THAT ARE LESS VALUABLE COMMERCIALLY BUT MORE IMPORTANT LOCALLY (SUCH AS PAPAYA AND CASSAVA) AND ENSURING THAT BIOTECH IS MADE AVAILABLE IN THE FIGHT AGAINST FOOD INSECURITY. END SUMMARY THE RATIONALE AND GOALS OF THE CONSULTATION UNCLASSIFIED PAGE 04 ROME 03648 01 OF 06 240911Z -------------- ¶2. THE FAO AND THE UNIVERSITY OF TOR VERGATA ROME ORGANIZED AND CO-SPONSORED THE WORKSHOP "PUBLIC AGRICULTURAL RESEARCH: THE IMPACT OF IPRS ON BIOTECHNOLOGY IN DEVELOPING COUNTRIES" FROM JUNE 24-27 IN ROME, ITALY. THE WORKSHOP RATIONALE, AS EXPLAINED BY THE ORGANIZERS, STEMMED FROM THE INCREASE IN PROPRIETARY AGRICULTURAL PRODUCTS THAT IS OCCURRING UNDER THE NEW FRAMEWORK OF THE TRIPS AGREEMENT (THE WTO AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS). NOTING THAT THE TRIPS AGREEMENT GENERALLY AIMS TO REDUCE DISTORTIONS IN TRADE AND TO PROMOTE TECHNOLOGICAL INNOVATION AND TRANSFER, THE CONFERENCE ORGANIZERS STRESSED THAT IT IS IMPORTANT THAT THE ITS IMPLEMENTATION DOES NOT RESTRICT EFFORTS TO ELIMINATE FOOD INSECURITY. ACCORDING TO THE FAO, GIVEN THAT CAPACITY AND PUBLIC INVESTMENT VARY SIGNIFICANTLY AMONG COUNTRIES AND THAT THE ADVANCED PRODUCTS BEING PRODUCED BY MULTINATIONAL CORPORATIONS ARE TARGETED TO THE COMMERCIAL FARMING SECTOR, NATIONAL AND INTERNATIONAL ACTION IS NEEDED TO FACILITATE PARTNERSHIPS BETWEEN PRIVATE FIRMS AND PUBLIC INSTITUTIONS IN THE DEVELOPING WORLD. USG-FUNDED PARTICIPANTS WERE JUNE BLALOCK, THE COORDINATOR OF THE TECHNICAL LICENSING PROGRAM FOR THE USDA'S AGRICULTURAL RESEARCH SERVICE; ROSEMARY WOLSON, THE INTELLECTUAL PROPERTY MANAGER IN THE OFFICE OF INDUSTRY LIAISON AT THE UNIVERSITY UNCLASSIFIED UNCLASSIFIED PTQ6389 PAGE 01 ROME 03648 02 OF 06 240912Z ACTION EB-00 INFO LOG-00 NP-00 AF-00 AGRE-00 AID-00 CEA-01 CIAE-00 COME-00 CTME-00 DODE-00 ITCE-00 DOTE-00 WHA-00 SRPP-00 EAP-00 EXME-00 EUR-00 E-00 FAAE-00 UTED-00 VC-00 FRB-00 HHS-01 H-01 TEDE-00 INR-00 IO-00 ITC-01 LAB-01 L-00 VCE-00 AC-01 NEA-00 NSAE-00 OES-01 OIC-02 OMB-01 OPIC-01 ACE-00 SP-00 SSO-00 SS-00 STR-00 TEST-00 TRSE-00 USIE-00 SA-00 DRL-02 G-00 NFAT-00 SAS-00 /013W -------------- CF7DC8 240912Z /38 P 240908Z JUL 02 FM AMEMBASSY ROME TO SECSTATE WASHDC PRIORITY 5057 INFO USMISSION GENEVA EU MEMBER STATES COLLECTIVE AMCONSUL FLORENCE AMCONSUL MILAN AMCONSUL NAPLES AMEMBASSY BRASILIA AMEMBASSY HARARE AMEMBASSY PRETORIA AMEMBASSY MANILA AMEMBASSY MEXICO AMEMBASSY NEW DELHI AMEMBASSY BEIJING AMEMBASSY BUENOS AIRES AMEMBASSY NAIROBI USINT HAVANA UNCLASSIFIED PAGE 02 ROME 03648 02 OF 06 240912Z NSC WASHDC UNCLAS SECTION 02 OF 06 ROME 003648 SIPDIS USAID FOR JOSETTE LEWIS USDA WASHDC FOR JUNE BLALOCK STATE FOR SCIENCE ADVISOR NEUREITER EB FOR A/S WAYNE, PDAS DONNELLY, DAS GADSDEN EB/TPP/ATT FOR PEREZ E FOR SHUB EUR/ERA FOR HEN-NIL OES FOR A/S TURNER, PDAS ROCK STATE PASS USTR FOR STROJE, NOVELLI STATE PASS USDA FOR APHIS:SMCCAMMON, USDA/FAS:BLUM USDA/OS/HEGWOOD STATE PASS FDA FOR EFLAMM NSC FOR EDSON E.O. 12958: DECL: N/A TAGS: AORC EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO IT FAO ITAORC FAO ITAORC FAO ITAORC FAO ITAORC FAO ITAORC FAO SUBJECT: DEVELOPING COUNTRIES SEEK EMPOWERMENT IN BIOTECH FROM INTELLECTUAL PROPERTY RIGHTS OF CAPE TOWN; AND SITHOLE NIANG OF THE UNIVERSITY OF ZIMBABWE. SETTING THE SCENE: OUTLINING NEEDS, CONSTRAINTS, AND OPPORTUNITIES -------------- -------------- ¶3. DEVELOPING COUNTRY PRESENTERS INCLUDED REPRESENTATIVES FROM ZIMBABWE, KENYA, INDIA, THE PHILIPPINES, CHINA, CUBA, UNCLASSIFIED PAGE 03 ROME 03648 02 OF 06 240912Z MEXICO, BRAZIL, AND ARGENTINA. ACADEMICS AND RESEARCHERS WERE PRESENT FROM THE UNIVERSITY OF TOR VERGATA, CORNELL UNIVERSITY, AND DODDS & ASSOCIATES, WHICH PRESENTED JOHN DODD'S STUDY "INTELLECTUAL PROPERTY RIGHTS IN AGRICULTURE." REPRESENTATIVES FROM THE FAO, WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO),THE INTERNATIONAL UNION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS (UPOV),INTERNATIONAL SERVICE FOR NATIONAL AGRICULTURAL RESEARCH (ISNAR),USDA, THE WORLD BANK, CONSULTATIVE GROUP ON INTERNATIONAL AGRICULTURAL RESEARCH (CGIAR),THE INTERNATIONAL MAIZE AND WHEAT IMPROVEMENT CENTER (CIMMYT),THE ROCKEFELLER FOUNDATION, MONSANTO, AND SYNGENTA ALSO ATTENDED. ¶4. IPR CONSTRAINTS, NEEDS, AND OPPORTUNITIES OF PUBLIC SECTOR RESEARCH INSTITUTIONS WERE IDENTIFIED EARLY IN THE WORKSHOP. A PRINCIPAL THEME OF DISCUSSION WAS TODAY'S HIGH RISK/LOW BENEFIT SITUATION THAT DISCOURAGES PUBLIC RESEARCH INSTITUTIONS FROM INVESTING IN BIOTECH OR PATENTING THEIR INNOVATIONS. BARRIERS TO THE DIFFUSION OF AGRICULTURAL BIOTECH, IMPOSED BY BIOSAFETY CONCERNS IN BOTH INTERNAL AND EXPORT MARKETS AND HIGH REGULATION COSTS, CAN ACT AS BARRIERS TO PUBLIC BIOTECH RESEARCH. INADEQUATE COMMUNICATION BETWEEN THE SCIENTIFIC COMMUNITY AND POLICY MAKERS CONTRIBUTES TO A MISUNDERSTANDING AND FEAR OF NEW TECHNOLOGIES, PROMPTING THE ADOPTION OF OVERLY CONSERVATIVE POLICY. ¶5. PARTICIPANTS NOTED THE LACK OF INCENTIVES OFFERED TO PUBLIC SECTOR SCIENTISTS FOR PATENTING THEIR INNOVATIONS. TODAY, PUBLISHED RESEARCH CONFERS MORE CAREER REWARDS THAN PATENTING. TO REMEDY THIS SITUATION, SEVERAL PARTICIPANTS UNCLASSIFIED PAGE 04 ROME 03648 02 OF 06 240912Z SUGGESTED CREATING WAYS TO REWARD ENTREPRENEURS IN THE PUBLIC SECTOR, BY ENDOWING PATENTS WITH A PRESTIGE SIMILAR TO THAT OF HAVING WORK PUBLISHED OR BY REWARDING RESEARCHERS FINANCIALLY (RATHER THAN HAVING ALL PROFITS FUNNEL BACK INTO THE PUBLIC INSTITUTION). ¶6. INSUFFICIENT NATIONAL RESOURCES FOR RESEARCH AND INADEQUATE IPR CAPACITY WERE ALSO HIGHLIGHTED AS CENTRAL PROBLEMS FOR DEVELOPING COUNTRIES. WHEN ADEQUATE CAPACITY EXISTS AT THE NATIONAL OR INTERNATIONAL LEVEL, THE CAPACITY TO MOVE TECHNOLOGY TO THE LOCAL LEVEL, WHERE IT CAN HELP SMALL FARMERS, IS OFTEN LACKING. SPEAKERS REPRESENTING PUBLIC INSTITUTIONS AND PRIVATE FIRMS (MONSANTO) EXPRESSED OPTIMISM ABOUT THE POTENTIAL FOR PUBLIC-PRIVATE PARTNERSHIPS TO ADDRESS WIDE-RANGING NEEDS, BUT STRESSED THAT DONOR-BASED ASSISTANCE IS NOT THE FINAL SOLUTION SINCE IT IS UNSUSTAINABLE IN THE LONG TERM. WHAT EVERYONE WANTS: THE COUNTRIES' PERSPECTIVES -------------- -------------- AFRICA: LOW CAPACITY, DISTRUST, CONCERN OVER SUSTAINABLITY OF BIOTECH INITIATIVES -------------- -------------- ¶7. THE COMMENTARY FROM THE AFRICAN COUNTRY REPRESENTATIVES, UNCLASSIFIED UNCLASSIFIED PTQ6393 PAGE 01 ROME 03648 03 OF 06 240912Z ACTION EB-00 INFO LOG-00 NP-00 AF-00 AGRE-00 AID-00 CEA-01 CIAE-00 COME-00 CTME-00 DODE-00 ITCE-00 DOTE-00 WHA-00 SRPP-00 EAP-00 EXME-00 EUR-00 E-00 FAAE-00 UTED-00 VC-00 FRB-00 HHS-01 H-01 TEDE-00 INR-00 IO-00 ITC-01 LAB-01 L-00 VCE-00 AC-01 NEA-00 NSAE-00 OES-01 OIC-02 OMB-01 OPIC-01 ACE-00 SP-00 SSO-00 SS-00 STR-00 TEST-00 TRSE-00 USIE-00 SA-00 DRL-02 G-00 NFAT-00 SAS-00 /013W -------------- CF7DD5 240912Z /38 P 240908Z JUL 02 FM AMEMBASSY ROME TO SECSTATE WASHDC PRIORITY 5058 INFO USMISSION GENEVA EU MEMBER STATES COLLECTIVE AMCONSUL FLORENCE AMCONSUL MILAN AMCONSUL NAPLES AMEMBASSY BRASILIA AMEMBASSY HARARE AMEMBASSY PRETORIA AMEMBASSY MANILA AMEMBASSY MEXICO AMEMBASSY NEW DELHI AMEMBASSY BEIJING AMEMBASSY BUENOS AIRES AMEMBASSY NAIROBI USINT HAVANA UNCLASSIFIED PAGE 02 ROME 03648 03 OF 06 240912Z NSC WASHDC UNCLAS SECTION 03 OF 06 ROME 003648 SIPDIS USAID FOR JOSETTE LEWIS USDA WASHDC FOR JUNE BLALOCK STATE FOR SCIENCE ADVISOR NEUREITER EB FOR A/S WAYNE, PDAS DONNELLY, DAS GADSDEN EB/TPP/ATT FOR PEREZ E FOR SHUB EUR/ERA FOR HEN-NIL OES FOR A/S TURNER, PDAS ROCK STATE PASS USTR FOR STROJE, NOVELLI STATE PASS USDA FOR APHIS:SMCCAMMON, USDA/FAS:BLUM USDA/OS/HEGWOOD STATE PASS FDA FOR EFLAMM NSC FOR EDSON E.O. 12958: DECL: N/A TAGS: AORC EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO IT FAO ITAORC FAO ITAORC FAO ITAORC FAO ITAORC FAO ITAORC FAO SUBJECT: DEVELOPING COUNTRIES SEEK EMPOWERMENT IN BIOTECH FROM INTELLECTUAL PROPERTY RIGHTS HANNINGTON ODAME, A RESEARCHER FOR THE AFRICAN CENTER FOR TECHNOLOGY STUDIES OF KENYA, AND DR. SITHOLE NIANG OF THE UNIVERSITY OF ZIMBABWE, PLACED INADEQUATE IPR CAPACITY IN THE CONTEXT OF THE REGION'S LIMITED SCIENTIFIC RESOURCES AND SUSPICION OF BIOTECHNOLOGY. IN THE CASE OF KENYA, ODAME COMMENTED ON ITS LOW CAPACITY IN RISK ASSESSMENT AND LAMENTED THE LACK OF EXTENSION, THE ABILITY TO MOVE TECHNOLOGY TO THE LOCAL LEVEL. HE NOTED THAT THE MONSANTO UNCLASSIFIED PAGE 03 ROME 03648 03 OF 06 240912Z AND USAID PARTNERSHIP IN SWEET POTATO RESEARCH, DESPITE BEING CRITICIZED AS AN ATTEMPT TO OPEN UP THE MARKET, STIMULATED THE FORMATION OF NEW BIOTECH REGULATIONS. HE EXPRESSED CONCERN ABOUT THE SUSTAINABILITY OF DONOR-FUNDED BIOTECH INITIATIVES, A WORRY THAT WOULD BE ECHOED BY THE ZIMBABWEAN REPRESENTATIVE. ¶8. DR. SITHOLE NIANG EXPLAINED HOW ZIMBABWE IS PLAGUED BY A BRAIN DRAIN AND NETWORKS BASED ON PERSONAL RELATIONSHIPS RATHER THAN EXPERTISE. PUBLIC AWARENESS OF BIOSAFETY ISSUES IS LACKING. ALTHOUGH THERE ARE RESEARCH INITIATIVES IN CASSAVA, MAIZE, AND OTHER CROPS OF INTEREST TO THE COUNTRY, THERE ARE "HUGE" LOBBIES AGAINST TRANSGENIC TECHNOLOGIES BY THE FORESTRY AND TOBACCO INDUSTRIES AND BY ENVIRONMENTAL GROUPS. SHE ATTRIBUTED HER COUNTRY'S RECENT REJECTION OF GM FOOD AID TO A LACK OF MILLING CAPACITY. SHE SAID THAT THE ZIMBABWEAN GOVERNMENT REQUIRED GM GRAINS TO BE MILLED BEFORE DISTRIBUTION IN ORDER TO PREVENT FOOD AID RECIPIENTS FROM PLANTING THE SEEDS THEY RECEIVE. THE GOVERNMENT REJECTED THE AID BECAUSE, IN THEORY, MILLING CAPACITY WAS INSUFFICIENT TO FULFILL THIS REQUIREMENT. INDIA: BIODIVERSITY FOCUS, NEW INCENTIVES, REALISTIC GOALS -------------- -------------- ¶9. S. R. RAO, THE INDIAN REPRESENTATIVE, STATED THAT BIOTECHNOLOGY PLUS BIODIVERSITY EQUALS ECONOMIC WEALTH BUT THAT SUFFICIENT INSTITUTIONAL INFRASTRUCTURE IS MISSING TO SUM THE EQUATION. SHE ARGUED THAT THE BENEFITS ACCRUED FROM PATENTING A NEW, GENETICALLY MODIFIED PLANT VARIETY SHOULD BE DIVIDED BETWEEN THE RESEARCHERS WHO PRODUCED IT AND THE FARMERS WHO HAD BEEN INVOLVED IN PREVIOUS GENERATIONS OF UNCLASSIFIED PAGE 04 ROME 03648 03 OF 06 240912Z TRADITIONAL BREEDING TO PRODUCE THE "BIOTECH" PROGENITOR. SHE ALSO EXPRESSED CONCERN OVER THE POSSIBILITY THAT A COUNTRY'S MICROORGANISM MIGHT BE PATENTED BY AN OUTSIDER, REQUIRING THE COUNTRY TO PAY ROYALTIES FOR THE USE OF ITS INDIGENOUS GENETIC MATERIAL. ON A PRACTICAL NOTE, SHE COMMENTED THAT SCIENTISTS NEED TRAINING IN NEGOTIATION AND KNOWLEDGE ABOUT WHAT IS PATENTABLE. TODAY'S UNIVERSITY RESEARCH SYSTEM REWARDS SCIENTISTS FOR PUBLISHING WORK (LEAVING IT IN THE PUBLIC DOMAIN) RATHER THAN PATENTING IT. TO INDUCE RESEARCHERS TO PATENT, IT IS NECESSARY TO INCREASE THE PRESTIGE OF PATENTS AND INCREASE THE FINANCIAL BENEFITS THAT THEY OFFER TO SCIENTISTS. TO MAKE BIOTECH MORE AVAILABLE TO DEVELOPING COUNTRIES, SHE RECOMMENDED DIFFERENTIAL PRICING SCHEMES AND STRESSED THE NEED FOR EFFECTIVE HUMAN RESOURCES DEVELOPMENT. TO IMPROVE THE PUBLIC IMAGE OF BIOTECH, RESEARCHERS SHOULD AVOID OVER- HYPING NEW TECHNOLOGIES BEFORE THEY CAN BE RELEASED, INADVERTENTLY SETTING THE STAGE FOR THE TYPE OF DISAPPOINTMENT GENERATED BY THE YET UNMATERIALIZED PROMISES OF GOLDEN RICE. AS REGARDS RESEARCH AND PUBLIC-PRIVATE PARTNERSHIPS, RAO COMMENTED THAT EFFORTS IN INDIA WERE BEING TARGETED TO ITS SPECIFIC NEEDS, SUCH AS DROUGHT AND SALINITY RESISTANCE AND NUTRITION. BIOTECH INNOVATION IN INDIA DOES NOT SEEK TO REDUCE LABOR BECAUSE LABOR IS ABUNDANT. UNCLASSIFIED UNCLASSIFIED PTQ6394 PAGE 01 ROME 03648 04 OF 06 240913Z ACTION EB-00 INFO LOG-00 NP-00 AF-00 AGRE-00 AID-00 CEA-01 CIAE-00 COME-00 CTME-00 DODE-00 ITCE-00 DOTE-00 WHA-00 SRPP-00 EAP-00 EXME-00 EUR-00 E-00 FAAE-00 UTED-00 VC-00 FRB-00 HHS-01 H-01 TEDE-00 INR-00 IO-00 ITC-01 LAB-01 L-00 VCE-00 AC-01 NEA-00 NSAE-00 OES-01 OIC-02 OMB-01 OPIC-01 ACE-00 SP-00 SSO-00 SS-00 STR-00 TEST-00 TRSE-00 USIE-00 SA-00 DRL-02 G-00 NFAT-00 SAS-00 /013W -------------- CF7DDC 240913Z /38 P 240908Z JUL 02 FM AMEMBASSY ROME TO SECSTATE WASHDC PRIORITY 5059 INFO USMISSION GENEVA EU MEMBER STATES COLLECTIVE AMCONSUL FLORENCE AMCONSUL MILAN AMCONSUL NAPLES AMEMBASSY BRASILIA AMEMBASSY HARARE AMEMBASSY PRETORIA AMEMBASSY MANILA AMEMBASSY MEXICO AMEMBASSY NEW DELHI AMEMBASSY BEIJING AMEMBASSY BUENOS AIRES AMEMBASSY NAIROBI USINT HAVANA UNCLASSIFIED PAGE 02 ROME 03648 04 OF 06 240913Z NSC WASHDC UNCLAS SECTION 04 OF 06 ROME 003648 SIPDIS USAID FOR JOSETTE LEWIS USDA WASHDC FOR JUNE BLALOCK STATE FOR SCIENCE ADVISOR NEUREITER EB FOR A/S WAYNE, PDAS DONNELLY, DAS GADSDEN EB/TPP/ATT FOR PEREZ E FOR SHUB EUR/ERA FOR HEN-NIL OES FOR A/S TURNER, PDAS ROCK STATE PASS USTR FOR STROJE, NOVELLI STATE PASS USDA FOR APHIS:SMCCAMMON, USDA/FAS:BLUM USDA/OS/HEGWOOD STATE PASS FDA FOR EFLAMM NSC FOR EDSON E.O. 12958: DECL: N/A TAGS: AORC EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO IT FAO ITAORC FAO ITAORC FAO ITAORC FAO ITAORC FAO ITAORC FAO SUBJECT: DEVELOPING COUNTRIES SEEK EMPOWERMENT IN BIOTECH FROM INTELLECTUAL PROPERTY RIGHTS EAST ASIA: HELPING IPR KEEP UP WITH RESEARCH -------------- - ¶10. THE REPRESENTATIVES OF EAST ASIA DIFFERED SIGNIFICANTLY IN THEIR CONCERNS FROM THEIR SOUTH ASIAN AND AFRICAN COUNTERPARTS. MAKING LITTLE ISSUE OF BIODIVERSITY CONCERNS, THE REPRESENTATIVES OF THE PHILIPPINES AND CHINA FOCUSED ON THE NEED TO ADDRESS THEIR IP CONSTRAINTS FROM THE UNCLASSIFIED PAGE 03 ROME 03648 04 OF 06 240913Z PERSPECTIVE OF INNOVATORS. IN THE PHILIPPINES, WHERE MOST OF THE RESEARCH IS BEING DONE IN UNIVERSITIES, TRAINING COURSES AND SEMINARS INCREASE IP AWARENESS, IP AUDITS ARE CONDUCTED BY THE DEPARTMENT OF SCIENCE TO ADDRESS UNRESOLVED IP ISSUES IN ON-GOING PROJECTS, AND ATTEMPTS ARE MADE TO ESTABLISH CLEAR COMMERCIALIZATION SCHEMES FOR RESEARCH- GENERATED IPS. CHINA NOTED THAT IT IS DEVELOPING ONE OF THE LARGEST PUBLIC BIOTECH PROGRAMS IN THE WORLD AND IS SEEKING TO IMPROVE RESEARCH CAPACITY AND IMPROVE BIOTECH MANAGEMENT. LATIN AMERICA: CUBA'S AMBITION, ILLEGAL PLANTING ELSEWHERE -------------- -------------- ¶11. AMONG THE LATIN AMERICA PARTICIPANTS, CUBA'S PUBLIC BIOTECH RESEARCH PROGRAM STOOD OUT AS THE MOST AMBITIOUS (OR, AT THE LEAST, CARLOS BORROTO, CUBA'S REPRESENTATIVE, WAS THE MOST ENTHUSIASTIC ABOUT HIS COUNTRY'S PUBLIC RESEARCH SECTOR). BORROTO EXPLAINED THAT BIOTECH RECEIVED HUGE GOVERNMENT INVESTMENT ($1 BILLION) AND TREATS THE DOMESTIC MARKET AS ITS FIRST PRIORITY, CONCENTRATING ON FOOD SECURITY AND SOME EXPORTS. HE NOTED THAT, ALTHOUGH PATENTS WERE NOT SEEN AS A PRIORITY UP TO THE BEGINNING OF THE 1990S, RESEARCHERS ARE NOW LOOKING AT THE WORLD PATENT SITUATION AND TRYING TO DESIGN PROJECTS THAT WILL FILL IN GAPS. ¶12. ALEJANDRO BLANCO-LABRA OF THE CENTRO DE INVESTIGACION Y DE ESTUDIOS AVANZADOS-IPN (CINVESTAV),THE MEXICAN REPRESENTATIVE, SKIRTED QUESTIONS ABOUT LEGISLATION THAT HAS OFFICIALLY BARRED BIOTECH RESEARCH IN MEXICO WITH THE COMMENT THAT HE HOPED THINGS WOULD SOON CHANGE. HE NOTED THAT FOREIGN COMPANIES MOST OFTEN TOOK ADVANTAGE OF THE UNCLASSIFIED PAGE 04 ROME 03648 04 OF 06 240913Z PATENT SYSTEM IN MEXICO. ONLY FIVE PERCENT OF THE BIOTECH PATENTS ARE HELD BY MEXICANS, WHILE FIFTY PERCENT ARE HELD BY U.S. COMPANIES OR INDIVIDUALS. HE ECHOED THE INDIAN REPRESENTATIVE'S COMMENT THAT RESEARCH INCENTIVES WERE ACADEMICALLY ORIENTED AND DID NOT REWARD TECHNOLOGY TRANSFER. HE LISTED LACK OF VENTURE CAPITAL AS A CONSTRAINT TO BIOTECH RESEARCH. COMMENT: THIS STATEMENT REFLECTS A FREQUENTLY HEARD AND NAVE VIEW OF VENTURE CAPITALISTS, WHO ARE BLAMED FOR LACK OF INTERESTS IN MARKETS WHERE SCIENTIFIC INNOVATION IS RARELY TRANSFORMED TO PATENTABLE INVENTIONS. END COMMENT. ¶13. MARIA SAMPAIO, AN EXPERT FROM THE BRAZILIAN AGRICULTURE RESEARCH CORPORATION (EMBRAPA),COMMENTED THAT ITS PARTNERS IN GM RESEARCH HAVE BEEN MOSTLY THE SAME AS THOSE IN TRADITIONAL BREEDING METHODS AND NOTED THAT IT IS IMPORTANT THAT FUNDS GENERATED FROM BIOTECH GO BACK INTO THE RESEARCH PROCESS. SHE CALLED FOR A EUROPEAN-DRIVEN REVIEW OF THE PRECAUTIONARY PRINCIPLE AND NOTED THAT THE EU'S ATTEMPT TO SHIFT ITS VIEWS INTO INTERNATIONAL AGREEMENTS COULD HAVE HIGHLY NEGATIVE EFFECTS ON COUNTRIES LIKE BRAZIL, WHERE FARMERS HAVE ILLEGALLY PLANTED GM CROPS WHOSE APPROVAL HAS BEEN HELD UP FOR POLITICAL REASONS. BRAZILIAN FARMERS, BECAUSE THEY CAN SAVE 30-40 PERCENT IN PRODUCTION COSTS, UNCLASSIFIED UNCLASSIFIED PTQ6396 PAGE 01 ROME 03648 05 OF 06 240913Z ACTION EB-00 INFO LOG-00 NP-00 AF-00 AGRE-00 AID-00 CEA-01 CIAE-00 COME-00 CTME-00 DODE-00 ITCE-00 DOTE-00 WHA-00 SRPP-00 EAP-00 EXME-00 EUR-00 E-00 FAAE-00 UTED-00 VC-00 FRB-00 HHS-01 H-01 TEDE-00 INR-00 IO-00 ITC-01 LAB-01 L-00 VCE-00 AC-01 NEA-00 NSAE-00 OES-01 OIC-02 OMB-01 OPIC-01 ACE-00 SP-00 SSO-00 SS-00 STR-00 TEST-00 TRSE-00 USIE-00 SA-00 DRL-02 G-00 NFAT-00 SAS-00 /013W -------------- CF7DEA 240913Z /38 P 240908Z JUL 02 FM AMEMBASSY ROME TO SECSTATE WASHDC PRIORITY 5060 INFO USMISSION GENEVA EU MEMBER STATES COLLECTIVE AMCONSUL FLORENCE AMCONSUL MILAN AMCONSUL NAPLES AMEMBASSY BRASILIA AMEMBASSY HARARE AMEMBASSY PRETORIA AMEMBASSY MANILA AMEMBASSY MEXICO AMEMBASSY NEW DELHI AMEMBASSY BEIJING AMEMBASSY BUENOS AIRES AMEMBASSY NAIROBI USINT HAVANA UNCLASSIFIED PAGE 02 ROME 03648 05 OF 06 240913Z NSC WASHDC UNCLAS SECTION 05 OF 06 ROME 003648 SIPDIS USAID FOR JOSETTE LEWIS USDA WASHDC FOR JUNE BLALOCK STATE FOR SCIENCE ADVISOR NEUREITER EB FOR A/S WAYNE, PDAS DONNELLY, DAS GADSDEN EB/TPP/ATT FOR PEREZ E FOR SHUB EUR/ERA FOR HEN-NIL OES FOR A/S TURNER, PDAS ROCK STATE PASS USTR FOR STROJE, NOVELLI STATE PASS USDA FOR APHIS:SMCCAMMON, USDA/FAS:BLUM USDA/OS/HEGWOOD STATE PASS FDA FOR EFLAMM NSC FOR EDSON E.O. 12958: DECL: N/A TAGS: AORC EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO IT FAO ITAORC FAO ITAORC FAO ITAORC FAO ITAORC FAO ITAORC FAO SUBJECT: DEVELOPING COUNTRIES SEEK EMPOWERMENT IN BIOTECH FROM INTELLECTUAL PROPERTY RIGHTS HAVE BEEN PLANTING GM CROPS THAT BRAZIL HAS NOT YET APPROVED. IN THE MID- TO LATE 1990S, THE BRAZILIAN GOVERNMENT AND MONSANTO WORKED TOGETHER TO ESTABLISH A FIVE- YEAR SURVEILLANCE PROGRAM TO MONITOR CROP RESEARCH IN THE FIELD. ALTHOUGH THE BIOSAFETY COMMISSION HAS ALREADY APPROVED THE PROGRAM, POLITICAL DAWDLING HAS KEPT IT FROM GOING FORWARD. ON THEIR PART, FARMERS HAVE NOT BOTHERED TO WAIT FOR THE POLITICAL GO-AHEAD AND HAVE, FOR FINANCIAL UNCLASSIFIED PAGE 03 ROME 03648 05 OF 06 240913Z REASONS, ADOPTED GM CROPS. THE ARGENTINE NOTED THAT PLANTING OF SOYBEANS IN HIS COUNTRY WAS LIKEWISE DRIVEN BY THE ECONOMIC CONSIDERATIONS OF FARMERS. LENDING A HAND: CORPORATIONS, DONOR AGENCIES, ETC. -------------- -------------- ¶14. EXPERTS FROM CORPORATIONS, CONSULTATIVE GROUPS, AND DONOR AGENCIES ALSO PARTICIPATED IN THE CONSULTATION. JUNE BLALOCK OF USDA SPOKE OF THE ROLE OF TECHNOLOGY TRANSFER OFFICES IN THE MANAGEMENT OF IPR ISSUES THAT IMPACT AGRICULTURAL RESEARCH. ¶15. REPRESENTATIVES FROM UPOV AND WIPO DISCUSSED THE ROLE THAT THEY PLAY IN ENABLING REGULATORY ENVIRONMENTS. IN RESPONDING TO QUESTIONS REGARDING UPOV'S SUITABILITY FOR BIOTECH EVENTS, THE UPOV REPRESENTATIVE RESPONDED THAT THEY WERE WORKING ON RESOLVING APPARENT CONTRADICTIONS BETWEEN THE UPOV CONVENTION AND THE TRIPS AGREEMENT. BILL LESSER OF CORNELL UNIVERSITY SPOKE ABOUT POLICY OPTIONS AT THE REGIONAL LEVEL, AND REPRESENTATIVES FROM CGIAR DISCUSSED THE POTENTIAL ROLE OF INTERNATIONAL AGRICULTURAL RESEARCH CENTERS (IARCS) IN FACILITATING THE TRANSFER OF PROTECTED TECHNOLOGY. ¶16. SHAWN N. SULLIVAN, A LAWYER FOR THE CGIAR CENTER CYMMIT, SPOKE ABOUT HIS PERSONAL EXPERIENCES IN DEVELOPING CYMMIT'S IPR FRAMEWORK. HE NOTED THAT LEAVING TECHNOLOGY IN THE PUBLIC DOMAIN SERVES AS A DISINCENTIVE FOR ITS COMMERCIALIZATION BECAUSE COMPANIES WILL BE MORE INCLINED TO USE THEIR OWN PATENTED MATERIAL, EVEN IF IT IS INFERIOR. AS A CONSEQUENCE, CYMMIT HAS DECIDED TO APPLY FOR IP PROTECTION UNCLASSIFIED PAGE 04 ROME 03648 05 OF 06 240913Z ON A STRATEGIC CASE-BY-CASE BASIS WITH THE KNOWLEDGE THAT IPR CAN SERVE AS A BARGAINING CHIP WITH PRIVATE CORPORATIONS. ¶17. REPRESENTATIVES FROM MONSANTO AND SYNGENTA, TWO OF THE LARGEST MULTINATIONAL BIOTECH CORPORATIONS, SPOKE ABOUT DIFFERENT PUBLIC-PRIVATE PARTNERSHIPS ESTABLISHED TO ASSIST THE DEVELOPING WORLD WITH BIOTECH INNOVATION AND TECHNOLOGY TRANSFER. TOGETHER WITH PUBLICLY FUNDED INSTITUTIONS, THEY ARE WORKING ON CROPS AS DIVERSE AS CASSAVA, MUSTARD OIL, AND PAPAYA. JILL MONTGOMERY, THE DIRECTOR OF TECHNOLOGY COOPERATION AT MONSANTO, NOTED THAT THERE EXISTS A GOOD DEAL OF IGNORANCE REGARDING SUCH PUBLIC-PRIVATE PARTNERSHIPS AND SUGGESTED THAT SPREADING INFORMATION ABOUT THEM MIGHT HELP BIOTECH'S IMAGE. ¶18. PETER MATLON OF THE ROCKEFELLER FOUNDATION PRESENTED TWO NEW INITIATIVES THAT HIS DONOR-AGENCY IS DEVELOPING: THE AFRICAN AGRICULTURAL TECHNOLOGY FOUNDATION (AATF) AND AN INITIATIVE TO CREATE A CLEARINGHOUSE FOR PUBLICLY HELD AGRICULTURAL TECHNOLOGY IN THE U.S. THE AATF, TO BE OPERATIVE BY EARLY 2003, HAS THE OBJECTIVE OF REDUCING FOOD INSECURITY BY FACILITATING THE DEVELOPMENT AND TRANSFER OF RELEVANT BIOTECHNOLOGY. IN MEETINGS WITH THE "BIG FIVE" UNCLASSIFIED UNCLASSIFIED PTQ6397 PAGE 01 ROME 03648 06 OF 06 240913Z ACTION EB-00 INFO LOG-00 NP-00 AF-00 AGRE-00 AID-00 CEA-01 CIAE-00 COME-00 CTME-00 DODE-00 ITCE-00 DOTE-00 WHA-00 SRPP-00 EAP-00 EXME-00 EUR-00 E-00 FAAE-00 UTED-00 VC-00 FRB-00 HHS-01 H-01 TEDE-00 INR-00 IO-00 ITC-01 LAB-01 L-00 VCE-00 AC-01 NEA-00 NSAE-00 OES-01 OIC-02 OMB-01 OPIC-01 ACE-00 SP-00 SSO-00 SS-00 STR-00 TEST-00 TRSE-00 USIE-00 SA-00 DRL-02 G-00 NFAT-00 SAS-00 /013W -------------- CF7DF2 240913Z /38 P 240908Z JUL 02 FM AMEMBASSY ROME TO SECSTATE WASHDC PRIORITY 5061 INFO USMISSION GENEVA EU MEMBER STATES COLLECTIVE AMCONSUL FLORENCE AMCONSUL MILAN AMCONSUL NAPLES AMEMBASSY BRASILIA AMEMBASSY HARARE AMEMBASSY PRETORIA AMEMBASSY MANILA AMEMBASSY MEXICO AMEMBASSY NEW DELHI AMEMBASSY BEIJING AMEMBASSY BUENOS AIRES AMEMBASSY NAIROBI USINT HAVANA UNCLASSIFIED PAGE 02 ROME 03648 06 OF 06 240913Z NSC WASHDC UNCLAS SECTION 06 OF 06 ROME 003648 SIPDIS USAID FOR JOSETTE LEWIS USDA WASHDC FOR JUNE BLALOCK STATE FOR SCIENCE ADVISOR NEUREITER EB FOR A/S WAYNE, PDAS DONNELLY, DAS GADSDEN EB/TPP/ATT FOR PEREZ E FOR SHUB EUR/ERA FOR HEN-NIL OES FOR A/S TURNER, PDAS ROCK STATE PASS USTR FOR STROJE, NOVELLI STATE PASS USDA FOR APHIS:SMCCAMMON, USDA/FAS:BLUM USDA/OS/HEGWOOD STATE PASS FDA FOR EFLAMM NSC FOR EDSON E.O. 12958: DECL: N/A TAGS: AORC EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO EAGR ETRD ECON TBIO IT FAO ITAORC FAO ITAORC FAO ITAORC FAO ITAORC FAO ITAORC FAO SUBJECT: DEVELOPING COUNTRIES SEEK EMPOWERMENT IN BIOTECH FROM INTELLECTUAL PROPERTY RIGHTS BIOTECH CORPORATIONS, ROCKEFELLER HAS FOUND THAT THESE COMPANIES ARE ANXIOUS TO SHARE IP FOR HUMANITARIAN PURPOSES SUBJECT TO INDUSTRY-DEFINED SAFEGUARDS. AFRICAN DELEGATES, WHILE APPLAUDING THE PROGRAM, AGAIN RAISED CONCERNS ABOUT THE AATF'S SUSTAINABILITY. ¶19. OTTAVIO JANNI(ITALY) OF THE MILAN BASED INSTITUTO DI RICERCA SULLA DINAMICA DEI SISTEMI ECONOMIC GAVE ONE OF THE UNCLASSIFIED PAGE 03 ROME 03648 06 OF 06 240913Z MORE DIVERGENT VIEWS ON IPR, STATING THAT, PARTICULARLY IN THE CONTEXT OF PHARMACEUTICALS, IPR WAS BEING USED TO HARVEST THE BIOLOGICAL PATRIMONY OF INDIGENOUS CULTURES. ¶20. COMMENT: DEVELOPING COUNTRY REPRESENTATIVES DID NOT REJECT IPR ON IDEOLOGICAL GROUNDS OR COMPLAIN ABOUT MULTINATIONALS (AS MIGHT HAVE BEEN EXPECTED). INSTEAD, INDIA, BRAZIL, CUBA, AND OTHERS STAKED OUT THEIR GROUND AS POTENTIAL INNOVATORS AND SHOWED AN ENTHUSIASM TO USE IP TO PROTECT THEIR INNOVATIONS. WHILE THE DESIGN OF THE WORKSHOP (A GATHERING OF BIOTECH IPR EXPERTS) PROBABLY SELF-SELECTED PARTICIPANTS OF PRO-BIOTECH STANCE, THERE WERE MORE IPR INTERESTS IN COMMON BETWEEN THE LARGE DEVELOPING COUNTRIES AND DEVELOPED COUNTRIES THAN DIFFERENCES. GAPS, HOWEVER, WERE EVIDENT. FOR EXAMPLE, PARTICIPANTS ACKNOWLEDGED THAT MANY OBSTACLES BEYOND IPR ISSUES PLAGUED DEVELOPING COUNTRIES' ACCESS TO BIOTECHNOLOGY. THEY ACCENTUATED THE NEED FOR GREATER SCIENTIFIC PARTICIPATION IN POLICY MAKING AND NOTED THAT THE PLACEMENT OF BIOTECH REGULATORY BODIES (IN THE ENVIRONMENTAL, AGRICULTURAL, ETC. MINISTRY) HAS A SIGNIFICANT EFFECT ON THE BIOTECH REGULATIONS THAT ARE ADOPTED. REPRESENTATIVES FROM CUBA AND BRAZIL, AMONG OTHERS, COMMENTED THAT, EVEN WHEN BIOTECHNOLOGY PRODUCTS ARE DEEMED SAFE FOR DOMESTIC MARKETS, CONCERNS ABOUT BEING ABLE TO EXPORT PRODUCTS (PARTICULARLY TO EUROPE) PRECLUDE THEIR BEING POLITICALLY APPROVED. IN THIS REGARD, CUBA POINTED OUT THE IRONY OF A EUROPEAN'S CONCERN THAT HIS CARCINOGENIC CIGAR MIGHT BE GENETICALLY MODIFIED. ULTIMATELY, SEVERAL ATTENDEES ARGUED, THE CONSUMERS AND FARMERS WILL BE THE ONE TO CHOOSE WHETHER OR NOT TO ADOPT GENETICALLY MODIFIED CROPS. END COMMENT UNCLASSIFIED PAGE 04 ROME 03648 06 OF 06 240913Z ¶21. THIS CABLE WAS PREPARED BY SCIENCE INTERN LEIGH SYLVAN. TAMLYN UNCLASSIFIED > 2002ROME03648 - Classification: UNCLASSIFIED