http://www.etcgroup.org/text/txt_article.asp?newsid=290

Sterile Harvest:
New Crop of Terminator Patents Threatens Food Sovereignty

News Release: 31 January 2002 www.etcgroup.org


The World's Largest Agrochemical and Seed Enterprises --Syngenta & DuPont -- Win Two New Patents

on Genetic Seed Sterilization

The ETC group (formerly RAFI) announced today that the biotechnology industry continues to

aggressively pursue the development of genetically modified seeds that are engineered for sterility. "We

have uncovered two new patents on Terminator technology," said Hope Shand, Research Director of

ETC group. "One patent is held by Dupont (the world's largest seed corporation) and the other is held by

Syngenta (the world's largest agrochemical corporation)," said Shand.

Terminator has been widely condemned as an immoral technology that threatens global food security,

especially for the 1.4 billion people who depend on farm-saved seed. If commercialized, the technology

will prevent farmers from saving seed from their harvest for planting the following season. In 1999, due to

widespread public opposition to Terminator seeds, both Monsanto (soon-to-be-spun-off by Pharmacia)

and AstraZeneca (now Syngenta) publicly vowed not to commercialize genetic seed sterilization

technology.1

"Contrary to what some of these companies have pledged in the past, the Gene Giants are refining the

technology and moving forward to commercialize Terminator seeds," warns Hope Shand, Research

Director of the ETC group. "Terminator is a real and present danger for global food security and

biodiversity - governments and civil society cannot afford to let 'suicide seeds' slip beneath their radar,"

said Shand.

Syngenta, the world's largest agribusiness firm, holds the largest arsenal of Terminator patents to date.2 In

1999, Zeneca's R&D director wrote that Terminator was "one piece of technology we did not want to

take forward, and the project was stopped in 1992."3 Why, then, has the company continued to file for

and win Terminator patents since 1992? (The newest Syngenta patent issued on May 8, 2001. The

application date was March 22, 1997, long after Zeneca claims it stopped the project.)

"Obviously, we can't rely on the goodwill of multinational seed and agrochemical corporations to

safeguard the public from the threat of Terminator seeds. If these companies are serious about

abandoning the technology, they should surrender their patents to the control of the UN Food &

Agriculture Organization, agreeing not to develop the technology themselves, nor allow others access to

their technologies," advised Julie Delahanty.

Two New Terminator Patents:

Dupont (Pioneer Hi-Bred International), US Patent 6,297,426, issued October 2, 2001. Title: Methods of

mediating female fertility in plants. The patent describes the identification and inactivation of a native gene

critical to female fertility. The gene is cloned, linked to an inducible promoter and inserted into the plant.

The result is a plant that is functionally female sterile with inducible female fertility. (Note: Although the

patent describes the use of this technology for facilitating production of hybrid seed, this approach

involves chemical control of female fertility, and its extension to other seed lines. ETC group considers

this a Terminator-type technology.)

Syngenta (Zeneca), US Patent 6,228,643, issued May 8, 2001. Title: Promoter. The patent describes a

new promoter, isolated from rapeseed, and the control of plant traits (including fertility) that can be

inactivated and restored by application of a chemical inducer. In one embodiment, the seeds will not

germinate unless sprayed with a chemical inducer.

Industry's "Green Gene" Defense of Terminator: The new Syngenta patent does not describe its

technology as a method to prevent farmers from saving seed, but as an approach to prevent unwanted

gene flow from transgenic varieties. In theory, any seed that goes where it shouldn't would die without the

application of a chemical inducer. According to the patent: "A problem addressed by the present invention

is the containment of crop plants within the area of cultivation. Seeds of cultivated crop plants may be

conveyed outside the defined growing area by a number of routes (by birds or small mammals or simply

by being dropped during post-harvest transport of a seed crop) where they assume the status of weeds, or

they may remain as volunteers in a subsequent crop in later years...It will be appreciated that the

problems of crop non-confinement mentioned above become more acute where transgenic crops are

involved... Ways to reduce viability of such hybrids would limit the risk of transgene escape to non-crop

species thus avoiding the spreading of plants with enhanced invasiveness or weediness." - US patent

6,228,643

It is irresponsible and unacceptable to suggest that society must accept genetic seed sterilization as a

method for solving industry's genetic pollution problem. Food security for poor people must not be

sacrificed to gain commercial acceptance for an unsafe and unproven technology.

The biotech industry is reeling from the most recent debacles involving GM pollution from transgenic

plants. The Mexican Ministry of Environment confirmed again last week that indigenous farmers' maize

varieties in Oaxaca and Puebla have been contaminated with DNA from genetically modified (GM) maize.

It is illegal to grow GM maize in Mexico precisely because of the potential threat to the world's primary

center of maize diversity. In Canada, the escape of transgenes from GM canola is a menace for organic

farmers who cannot certify their canola crops as GM-free. On January 10, 2002 organic farmers in

Saskatchewan filed a class action suit against Aventis and Monsanto.

"It is particularly alarming that the Gene Giants (and some governments) are promoting Terminator under

the guise of biosafety," explains Julie Delahanty of ETC group. "The industry's primary goal is to gain

market acceptance for seed sterility as a biosafety tool, which will then give them carte blanche to use it

as a monopoly tool for maximizing seed industry profits," said Delahanty.

Terminator on the Road to Rio+10: New Terminator patents underscore industry's ongoing investment in

the goal of genetic seed sterilization and the urgent need for governments to ban these technologies before

they are commercialized.

Terminator is on the agenda this week at meetings in New York City, Porto Alegre and Montreal. ETC

group, together with civil society organizations and governments, will hold briefings on the issue at the

Rio+10 PrepCom in New York, at the World Social Forum in Brazil, and in Montreal at an informal

consultation on the impacts of Terminator on local communities and Farmers' Rights (held under the

auspices of the Convention on Biological Diversity).

In the months leading up to Rio+10, intergovernmental organizations have a critical role to play in raising

global awareness and recommending actions to ban the technology.

COP6 - The Sixth Conference of the Parties to the Convention on Biological Diversity meets in The

Hague, 8-26 April 2002. After numerous studies on genetic trait control technology, COP6 should ban

Terminator as an anti-farmer technology that threatens biodiversity and food sovereignty.

World Food Summit Five Years Later: When governments meet 10-13 June 2002 in Rome they should

re-affirm the findings of FAO's Panel of Eminent Experts on Ethics, which concluded that Terminator

seeds are unethical, and recommend that member nations ban the technology.

World Summit on Sustainable Development (Rio+10): Heads of State meeting in South Africa in 26

August- 4 Sept. 2002 will have the opportunity to call for a ban on Terminator technology as an immoral

application of genetic engineering that threatens biodiversity and food security.

Please go to our web site, www.etcgroup.org, to enter our April Fools' Day contest. We need your help

completing the sentence, "Using GM Terminator to halt GM seed contamination is like..."

For more information:

Julie Delahanty, ETC group: (613) 262-8519 (cell) julie@etcgroup.org Hope Shand, ETC group: (919)

960-5223 hope@etcgroup.org Silvia Ribeiro, ETC group: silvia@etcgroup.org

Notes: 1 Pharmacia, which currently owns 85% of Monsanto, will distribute its Monsanto stock to

shareholders in second half of 2002. 2 See RAFI/ETC group, "New Terminator Patent Goes to

Syngenta," News Release, 12 March 2001. www.etcgroup.org 3 Letter from Dr. D.A. Evans, R&D

Director, Zeneca Agrochemicals, to Prof. Richard Jefferson, CAMBIA, Australia, 24 Feb. 1999.

The Action Group on Erosion, Technology and Concentration, formerly RAFI, is an international civil

society organization headquartered in Canada. The ETC group (pronounced Etcetera group) is dedicated

to the advancement of cultural and ecological diversity and human rights. www.etcgroup.org

ETC group, formerly RAFI - the Rural Advancement Foundation International - encourages wide

dissemination of our publications by any means. We request only that the author, ETC group, and

our web site (http://www.etcgroup.org) be cited as the source of the information.

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