Third World Network and African Centre for Biosafety
News Release – 27 September 2010
Does DuPont’s Sorghum Seed Include a Biopirated Bolivian Gene?
As governments gathered in the United Nations headquarters in New York to honour the International Year of Biodiversity during the annual UN General Assembly session, a new report reveals a potential case of biopiracy of a South American plant with the multinational agrochemical giant DuPont planning to sell seeds that contain a key herbicide resistance gene taken from Bolivia. That gene appears to have been illegally removed from Bolivia in 2006 by DuPont’s business partner, Kansas State University.
As documented in a report released by Third World Network and the African Centre for Biosafety today, Kansas State University (KSU) has failed to produce access to genetic resources and benefit-sharing agreements for the gene, as are required by the United Nations Convention on Biological Diversity and Bolivian national law.
Recognising that biological resources have been taken from developing countries and commercialized without fair and equitable benefit sharing, the Convention that came into force in 1994 is supposed to correct this injustice. There are ongoing negotiations for a new access and benefit sharing treaty under the Convention to be adopted in October to implement an international tracking and compliance system.
The seed varieties that use the Bolivian gene have been named “Inzen A II” by DuPont. They are in advanced trials, and this year the company showed them off to farmers in 11 US states. Prices will be set in 2011 and seed will be available for purchase in 2012. US and international patent rights to the gene are owned by KSU, which has licensed them to DuPont.
The Bolivian gene in “Inzen A II” varieties tolerates weed killers including quizalofop-p-ethyl, which DuPont sells under the trade name “Assure II”. Inzen A II varieties permit the herbicide to be sprayed “over the top” of sorghum plants in the field. Thus, Inzen A II sorghum can be sprayed with quizalofop in a way similar to how glyphosate is applied to “Roundup Ready” soya, maize, and cotton.
DuPont’s plans may run into big trouble, however, because the patent claims over the Bolivian gene appear to be illegitimate. KSU has repeatedly confirmed that the gene came from a sudangrass plant that was collected in the Santa Cruz region of Bolivia in 2006. Despite repeated requests, however, none of the parties involved – KSU, DuPont, and the “inventing” professors – have identified their counterparts in Bolivia or produced any access and benefit sharing agreements to implement the requirements of the Convention on Biological Diversity and Bolivian law.
Bolivia has long-standing access and benefit sharing laws on the books that appear to have been ignored by KSU. Decree 24676 of 1997 implemented Andean Community Decision 391 and requires bioprospectors in Bolivia to obtain permission from and execute an access contract with the government, to include a governmental partner in the research, and for the government to assume a just and equitable interest in any economic benefit or technology that results. Also, Bolivia’s Constitution of 2008 prohibits private appropriation and exclusive use of Bolivian biodiversity, and establishes the responsibility of the State to defend its biodiversity, and that illegal trafficking and use of biodiversity will be criminally sanctioned.
Circumstantial evidence suggests that KSU obtained the Bolivian germplasm through a mysterious relationship that its Agronomy Department has with a large scale soya farm in Bolivia’s Santa Cruz region. Since the 1990s, KSU professors, including a weed scientist, have repeatedly travelled to work at the large soya operation. The activities are mysterious because no scientific publications appear to have resulted from this long-term research project.
The report has been submitted to the Bolivian government that will investigate the issue.
This potential case of biopiracy is described in more detail in the report Agrochemical giant DuPont to sell Bolivian sorghum gene by Edward Hammond available in English and Spanish on: http://twnside.org.sg/brief.htm
Note: As its name suggests, like cultivated sorghum, sudangrass is an African native and is now grown all over the world, especially in warmer semi-arid regions. Sudangrass can be grown for grain, but is far more typically grown as forage or hay for livestock. The date that sudangrass was introduced to Bolivia is unclear. In several other Latin American countries, it was introduced in the early 20th century and has since become adapted to these countries.
For more information contact:
Edward Hammond – report author (hammond@sunshine-project.org; +1 512 468 4316)
Chee Yoke Ling, Third World Network (yokeling@twnetwork.org; +60 12 3768858)
Mariam Mayet, African Centre for Biosafety (mariammayet@mweb.co.za; +27 11 646 0699)
THIRD WORLD NETWORK is a network of groups and individuals involved in bringing about a greater articulation of the needs, aspirations and rights of the people in the Third World and in promoting a fair distribution of world resources and forms of development which are humane and are in harmony with nature.
Address: 131, Jalan Macalister, 10400 Penang, MALAYSIA
Tel: 60-4-2266728/2266159
Fax: 60-4-2264505
Website: www.twnside.org.sg
AFRICAN CENTRE FOR BIOSAFETY is a non-profit organisation that aims to provide authoritative, credible, relevant and current information, research and policy analysis on issues pertaining to genetic engineering, biosafety and biopiracy in Africa.
Address: 13 The Braids, Emmarentia, 2195, SOUTH AFRICA
Tel: +27 (0) 11 486-2701
Fax: +27 (0) 011 486-1156
Website: www.biosafetyafrica.net