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Unveiling rice's DNA under Intellectual Property Rights regime

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College, Laguna, The Philippines
April 24, 2007

Source: Philippine Rice Research Institute via SEAMEO SEARCA Biotechnology Information Center

By Gabriel O. Romero and Jane G. Payumo
Philippine Rice Research Institute
PhilRice S&T Magazine Vol. 20 No. 2
April-June 2007 Issue

There is a brand new manual to guide rice researchers in their work. This manual not only embodies the nearly polished complete DNA sequence of the rice genome, which carries the instructions or blueprint for developing a rice plant. The rapid progress made in the Human Genome Sequencing Project (HGP) in the United States in 1998 inspired Japan to initiate a similar project by sequencing the variety, Nippon bare, a Japonica or temperate type of rice. Under Japan’s leadership, Brazil, China, Taiwan, France, India, Korea, Thailand, United Kingdom, and the United States participated in the project called International Rice Genome Sequencing Project (IRGSP). IRGSP implemented the rice genome sequencing in 2004.China, in another public sector effort, tackled the genome of one parent of the super hybrid rice, an Indica or tropical type, just like what is commonly grown in the Philippines.

Into the fray

The study of the rice genome reveals new information that can also impact on maize, wheat, and other cereals. The potential economic and business windfall from the rice genome sequencing project immediately drew giant seed companies into the fray. For example, Monsanto and Syngenta, two of the world’s largest agbiotech companies, both sequenced Nippon bare. Monsanto quickly shared their draft sequence with the public, while Syngenta has applied for patents for its sequence data.

Describing genome sequence

The manual describes the genome sequence that bears all the information needed by the rice plant to complete its life cycle. That is why the rice genome sequence can greatly help scientists in determining the genes that are important for adaptation, good grain quality, high yield, and other desirable characteristics. Why certain rice varieties are better than others is due to the differences in their genes. Genes are like words or group of letters with meanings. They are groups of DNA bases that produce certain proteins or enzymes, which are the building blocks and tools for assembling, maintaining and eventually breaking down the rice plant. The draft genome sequences have already yielded 37,000 predicted genes, majority of which give strong clues on their specific roles, if not directly attributed to certain traits. For instance, clusters of resistance genes are found in chromosomes 11and 12. These resistance genes now serve as good candidate genes or entry points in investigating the defense mechanisms against microbial pathogens and insect pests.

The distinct rice types sequenced would greatly facilitate the development of DNA markers for traits with no candidate genes. DNA markers are sites in the genome where two varieties differ. Because of the wide divergence between the Indica and Japonica rice types, their DNA sequences differ in many points in the genome. Hence, it will be easier for researchers to develop DNA markers based on this variation, and use them in locating the genes of traits of interest in the genome. Before the genome sequence was assembled, locating a gene had an accuracy of several mega bases. But now, it is at the kilo base level. It is analogous to finding a house given only the provincial address versus knowing the exact barangay. The rice genome sequence, if written as a book, would take up the equivalent of two sets of encyclopedias with 30,000 pages each, and two years and four months to read aloud the entire sequence of the rice genome without stopping.

Functional genetics and IPR

We are now at the functional genomics stage in which scientists are trying to understand the function of the predicted genes in plant growth, development, defense, and demise. At the moment, the contention in the rice genome sequencing is Intellectual Property Rights (IPRs) and its impact on publicly funded research. IPRs grant holders all the legal rights to the property they created, prevent others from taking advantage of their ingenuity, encourage their continuing innovativeness and creativity, and assure the world of a flow of useful, informative, and intellectual works for development. Syngenta, the so-called “genome giant,” has applied for IPRs for vital rice gene sequences. Specifically, its 323-page application,WO03000904A2/3, claims monopoly control of DNA that regulates flowering development, flower formation, whole plant architecture, and flower timing in rice in up to 115 countries.Some groups fear that if Syngenta is granted this monopoly rights, the gene sequences may no longer be freely available to the international development community. It may also result in undue restrictions and license charges, as well as constraints upon further research. Efforts by Syngenta to monopolize control over rice, or make Oryza sativa as Oryza syngenta, may hamper the drive towards food security and eradicating hunger, critics say.

PhilRice unfazed

“PhilRice should not be fazed by these developments,” said Atty.Ronilo A. Beronio, deputy executive director and head of PhiRice’s Intellectual Property Management Office. “The sequencing of the rice genome and patenting it by private corporations should even facilitate rice breeding”. He said that the aim of IPR is not to withhold information from the public. Even if private multinationals have patents over several rice gene sequences, the protection is only granted in exchange for full disclosure of the invention, which will then be added to the publicly available literature. “Navigating the patent waters’ is even a lot easier now with the existence of patent databases in the Internet. If scientists know the patented sequence, he can build around the patent, improve on it, or create new inventions without reinventing the wheel,” he added.

Atty. Beronio likewise said that although public R&D institutions may be confronted with a complex web of ownership and freedom-to-operate issues in the conduct of further R&D, this information makes researchers aware in advance of IPR issues pertaining to the technologies they are using. Not a stumbling block At the earliest opportunity, too, transparent and mutually favorable technology transfer arrangements can be made. This will preclude a future situation where a researcher scores a breakthrough, only to find out that he/she has no freedom to operate because of failure to address ownership issues on the technology components used. Thus, he said, researchers should not find IPRs as stumbling blocks to R&D. Instead, they should be a non-issue for institutions which have the capacity to understand IPR.

Balanced exploitation of new information

Dr. Leocadio S. Sebastian, PhilRice’s executive director, admitted that public sector R&D in the Philippines is passing through a challenging phase with advances in genomics under the current IPR regime. He said capacity-building in the institutional level would ensure a thorough understanding of the implications of IPRs on biotechnology and genomic research. “We in public sector institutions should act immediately, redefine our roles, and upgrade our expertise with new norms in R&D due to IPR”, Dr. Sebastian said. He further emphasized that crucial to achieving this objective is the presence of manpower, facility, and institutional policy frameworks among public sector institutions. This will ensure that science is done, and a balanced exploitation of new agbiotech information, techniques, and products in light of these IPR developments is achieved.


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