Tribe.net. Local Connections White http://HawaiiAloha.tribe.net/thread/0ee1b6bd-9fa7-4912-9e67-b45f3732a9c8#6dddf78a-2dce-4a46-8874-0e97b85a13e1 2006-06-01T16:32:10Z 2006-06-01T16:32:10Z

I can believe that the one cultivar didn't hold up in the poi. It seems like they are breeding out the nutrients from products in order to get quantity. The idea that one can patent something given to us from pachamama is beyond me.

White 2006-06-01T16:32:10Z $item.owner.firstName http://HawaiiAloha.tribe.net/thread/0ee1b6bd-9fa7-4912-9e67-b45f3732a9c8#875b67d9-6da6-42d9-a4ae-b95027875b76 2006-05-27T23:29:01Z 2006-05-27T23:29:01Z

More on Taro patents. Mahalo nui loa to Ku for posting this on the HI Independence yahoo group. ----------- http://ipsnews.net/print.asp?idnews=32724 BIODIVERSITY: No Patents Without Local Consent, Delegates Urge Haider Rizvi CURITIBA, Brazil, Mar 31 (IPS) - Delegates from developing countries attending an international conference on biodiversity here are demanding changes in the World Trade Organisation (WTO) rules which deal with patenting of genetic resources, such as seeds, plants and animals. Their demand emanates from fears that existing laws on intellectual property have the potential to infringe the rights of indigenous communities and their traditional knowledge about various species of plants and animals. The 1992 U.N. Convention on Biological Diversity (CBD) clearly requires "fair and equitable benefit sharing" of biological resources. All parties have agreed that the Convention must be implemented by 2010, but not on the question of how to implement it. Large developing countries like India, Brazil, Pakistan and many others have proposed that companies interested in having access to genetic material must disclose their country of origin and seek the informed consent of local people before obtaining patent rights. "This is a minimum standard," said Henrique Choer Moraes, an official at the Brazilian Ministry of Foreign Affairs, at a meeting of experts. "We are not denying the contracts (to the companies). We just want compliance." But the United States, which is home to a large number of biotech and pharmaceutical companies, is dismissive of the proposal to create international rules tying patent rights to the prior consent of indigenous communities, and the condition that the origin of the product's source must be made public. "The U.S. is very interested in flexibility," Douglas Neumann, a U.S. State Department official who deals with biological and environmental affairs, told delegates at a gathering organised by the WTO Council for Trade Related Aspects of Intellectual Property Rights, also known as TRIPS. In Neumann's view, the disclosure condition would cause uncertainty for the product developer and "would discourage innovation". "It has helped people around the world to have better lives," he said in support of the patent system. But proponents of the proposal do not embrace this argument. "Are we going to kill innovation? We are not going to blow up the patent system. Our proposal positively protects the traditional knowledge," Moraes said, adding that the "burden of proof" lies with the patent seekers. The U.S does not object to national laws, but rejects an international legal mechanism, because, as Neumann suggested, it could affect negotiations on contracts. The U.S. also seeks clarification of the definition of "traditional knowledge." How this clash between intellectual property rights and social and environmental protections will play out is a question that has to be settled by the 149 members of the WTO and the parties to the Convention on Biological Diversity, according to observers.. Brazil, which has taken the lead in complying with the implementation requirements of the Convention, argues that the intellectual property laws and the Convention have to be "mutually compatible". Though discussed in previous meetings as well, the issue was formally taken up by the WTO Commission on Trade and Environment back in 1995. It gained momentum during the 1999 meeting in Seattle, where huge protests broke out against the WTO policies. Last year at a WTO meeting in Honk Kong, developing countries once again raised this issue. They argued that the TRIPS rules must be amended to oblige all WTO members to make life forms and parts non-patentable. The TRIPS agreement allows for the patenting or other intellectual property protection of genetic material without ensuring compliance with the provisions of the CBD, including those relating to "prior informed consent" and benefit sharing. Developing countries say if this is not possible, at least patents for products based on traditional or indigenous knowledge must be excluded. They argue that Article 16 of the CBD acknowledges a conflict between the objectives of protecting intellectual property and conservation of biodiversity, stating that, "the contracting parties' patents and other intellectual property rights may have an influence on the implementation of this convention, [and] shall cooperate in this regard subject to national legislation and international law in order to ensure that such rights are supportive and do not run counter to its objectives." Countries are also divided on the question of whether the appropriate forum to discuss this issue is the WTO or the World Intellectual Property Organisation (WIPO). At the moment, the WTO seems poised to intensify consultations. Its Doha round of trade talks is scheduled to end this year, but it is not clear whether or not the issue of traditional knowledge would be part of it. ""Right now, we are not discussing the traditional knowledge," a WTO official told delegates at a meeting. (FIN/2006)

$item.owner.firstName 2006-05-27T23:29:01Z $item.owner.firstName http://HawaiiAloha.tribe.net/thread/0ee1b6bd-9fa7-4912-9e67-b45f3732a9c8#e168f793-e016-4518-b5e0-83ffac4d7ab9 2006-03-21T18:56:27Z 2006-03-21T18:56:27Z

Press Releases University of Hawaii Told to Give Up Taro Patents FOR IMMEDIATE RELEASE January 12, 2006 CONTACT: Walter Ritte: 808-588-0111, <mailto:rittew@hotmail.com>rittew@hotmail.com; Chris Kobayashi: 808-826-7836, <mailto:waioli2@verizon.net>waioli2@verizon.net Center for Food Safety Supports Native Hawaiian Efforts to Reclaim Taro WASHINGTON - Hawaiian activists and farmers today demanded that the University of Hawaii (UH) give up its patents on three lines of taro whose lineage extends back to Polynesian taro first brought to the Islands centuries ago. The University was granted U.S. patents on the varieties in 2002, and has also sought world-wide patent rights. (see below for links to patents) Farmers wishing to purchase huli, or breeding stock, must sign a licensing agreement with UH. The <http://www.centerforfoodsafety.org/pubs/UH_Taro_License_Agmt.pdf>licensing agreement states that "UH owns the taro cultivar..." It prohibits farmers from selling or breeding the patented plants, and requires payment of a royalty to the University. Taro is known as "kalo" to native Hawaiians. "Kalo was not invented by the University of Hawaii, and they have no right to 'own' or 'license' it," said Walter Ritte. "If any one owns the kalo, we do 'collectively' as Hawaiians, and as Hawaiians, we demand that UH give up its taro patents and return these varieties to the public domain." Ritte was instrumental in obtaining a provisional agreement with UH to halt genetic manipulation experiments on Hawaiian taro this past May, although UH reserved the right to continue genetic experimentation on non-Hawaiian taros. "UH needs to show more respect for native Hawaiian culture," added Ritte. "Hawaiians would never dream of patenting or genetically manipulating kalo. Kalo is a gift handed down to us by our ancestors. Hawaiians believe kalo is the first born (named Haloa), and is our elder brother. We have a Kuleana or responsibility to honor, respect and protect Haloa, so he in turn will sustain us." Center for Food Safety consultant Bill Freese added, "We strongly support the right of Hawaiians to reclaim control of their sacred taro." One parent of the three patented lines - named Pa'lehua, Pa'akala and Pauakea - is the widely-grown Maui Lehua variety, which belongs to the Group Lehua of Hawaiian-Polynesian taros. There were once over 300 kinds of Hawaiian taro, descended from a few types first brought to the Islands from Polynesia in the 4th to 5th century AD. Hawaiians bred these different varieties of taro to grow better in different environments, for higher yield to feed a growing population, for special qualities of color and taste, and for medicinal and ceremonial uses. "As a farmer, I strongly object to patents on taro or any other crop," said Hanalei taro farmer Chris Kobayashi. "Why should farmers have to pay for huli? Our taxes have helped to fund UH. Some of us have been cooperators with UH on different taro research programs including breeding, cultivation and diseases. More importantly, how can anyone claim ownership of plants that have evolved and been selected or bred by farmers for specific environmental conditions and desirable properties over generations?" In its patent applications, the University made several claims based merely on "preliminary observations" that had not been confirmed by controlled experiments. Some farmers were quite disappointed with the performance of Pa'lehua, one of the patented varieties. "Pa'lehua does not keep well as poi, and does not taste good to many of us farmers and families," said Kobayashi. "I think that UH did not do enough testing on Pa'lehua; it was and is a failure." "We hope UH does the right thing and gives up these taro patents," said Ritte, "otherwise we'll have no recourse but to take legal action at the U.S. Patent and Trademark Office to have them revoked." Resources: <http://www.centerforfoodsafety.org/pubs/Letter_to_UH.pdf>View the letter to University of Hawaii <http://www.centerforfoodsafety.org/pubs/UH_Taro_License_Agmt.pdf>View the University of Hawaii licensing agreement Links to U.S. Patents on Taro <http://www.centerforfoodsafety.org/pubs/US_Patent_Paakala.pdf>Pa'akala Cultivar <http://www.centerforfoodsafety.org/pubs/US_Patent_Palehua.pdf>Pa'lehua Cultivar <http://www.centerforfoodsafety.org/pubs/US_Patent_Pauakea.pdf>Pauakea Cultivar Links to WIPO Patents on Taro <http://www.centerforfoodsafety.org/pubs/WIPO_Paakala.pdf>Pa'akala Cultivar <http://www.centerforfoodsafety.org/pubs/WIPO_Palehua.pdf>Pa'lehua Cultivar <http://www.centerforfoodsafety.org/pubs/WIPO_Pauakea.pdf>Pauakea Cultivar

$item.owner.firstName 2006-03-21T18:56:27Z