Harish Mehta, Business Times 25 Dec 07;
THE wonder plant jatropha - which holds the promise of a cheap and clean replacement for fossil fuel - is attracting investments from Western firms that are keen on entering the countries where it is grown, such as India, China, the Philippines, and parts of Africa. So it is unfortunate that this promising new fuel source should become the target of biopiracy so early on.
Indian authorities have barred a British company, D1 Oils plc, from conducting research on jatropha following charges that involve the company in biopiracy.
Two years ago, an Indian agricultural scientist allegedly arranged for the removal of certain jatropha plant varieties from the reputable Indira Gandhi Agriculture University in Chhattisgarh state, and relocated the plants to D1 Oils' nearby farm.
Biodiesel can be extracted from the seeds. The biomass residue can be used to fuel electricity power generation.
What raised eyebrows was that the Indian scientist, Sunil Puri, took up employment with D1 within a few weeks of the plants' removal. The university authorities raised the issue with the chief minister of Chattisgarh state, and then lodged police reports against the scientist and the company.
Following local protests, the state government ordered an inquiry into the matter. The police raided the scientist's house and seized seeds of jatropha germplasm. Another raid at a D1 Oils research farm in Panchdeori village, about 25 km from Raipur, yielded 1,540 plants, all of which had tag numbers of Indira Gandhi Agriculture University. There were no records at the university that these plants had been legally moved out.
The inquiry said that both the Indian scientist and the company had violated India's biodiversity laws because they had appropriated the plants without proper authorisation. These laws are primarily designed as protection against from foreign biopiracy.
In October this year, the Chemical Weekly reported that D1 Oils had said that it would comply with any court ruling if found guilty of violating laws designed to control foreign exploitation of India's natural resources.
The Indian National Biodiversity Authority has filed a lawsuit against the company for allegedly using its jatropha plant varieties to manufacture biodiesel without the authority's approval.
For its part, D1 Oil says that it has not violated Indian laws, and that the entire affair is a misunderstanding. However, Rupantar, a local non-governmental organisation in Chattisgarh, said that the university had 'failed to protect the bio-resources of Chattisgarh of which it is presumed to be the custodian'.
Undaunted by the pending court case, D1 Oils announced in November that its new joint venture with British Petroleum was planning to plant one million hectares over four years in various Indian states. British Petroleum is expected to invest £pounds;31.75 million (S$91.56 million). D1 Oils has already planted jatropha in 46,000 hectares in Tamil Nadu, Andhra Pradesh and in the north-eastern states.
Foreign interest in jatropha is growing because its seeds contain 40 per cent oil that can be easily turned into diesel, and the residue can be used to fuel electricity plants. Studies have shown that jatropha plants yield oil in the second year and continue to do so three times a year during its lifespan of about 50 years.
Many countries are turning to cultivating jatropha because it has the potential to yield more than 2,000 barrels of oil per square mile a year, against corn which yields under 200 barrels. Rice yields 1,000 barrels per square mile but has been ruled out as a source of biofuel because it is an essential food. Moreover, jatropha is a perennial crop which can grow even in desert conditions, and does not require irrigation. It is very easy to cultivate even on substandard land.
Indian Railways has started to use jatropha oil blended with diesel to power its diesel engines, and the future seems promising. China already has two million hectares of jatropha under cultivation, and aims to plant 11 million hectares more in the southern states by 2010. Myanmar plans to plant several million hectares, and the Philippines and several African countries have begun large-scale cultivation.
Western oil companies are involved in many of these ventures - but they must be made to uphold the intellectual property rights of local scientists and institutions. After all, they demand no less with their products and patents.
Toronto-based Harish Mehta contributed this article to BT. He writes on environmental and intellectual property rights issues.
