Comments on: Teff luck: What Has Piracy Got To Do With The Price of Injera?

By: Aman Gebru

Aman Gebru — Tue, 24 Apr 2012 06:27:58 +0000

I’ve been doing some research on the issue (as part of a bigger article) and I’ve come to understand that the company Health & Performance Food International bv was the original name of the company that entered into contract with the Institute of Biodiversity Conservation and the Ethiopian Agricultural Research Organization. The name was latter on changed to Soil and Crop Improvement BV but the later company has also gone bankrupt at this point as far as I know.

By: Aman Gebru

Aman Gebru — Sun, 29 Jan 2012 05:21:27 +0000

@ Altaye Tedla – It has been two years since you wrote the reply, but I am also involved in the teaching of intellectual property. I am currently working on research project and I wanted to discuss more about what the WIPO is doing in the area. It would be great if you could we get in touch some how.

@ Nemo Semret – Thank you very much for such an interesting article. I would love to look at any documents you may still have on the issue. Thanks!

By: Nemo Semret

Nemo Semret — Mon, 20 Sep 2010 10:19:34 +0000

Dear Abdissa, sorry but I don’t know what the relationship is between those two dutch companies, if any. If you have more information, please share.

Thanks to all the commenters above for the kind words and wonderful insights.

By: Abdissa Yilma

Abdissa Yilma — Tue, 10 Aug 2010 06:44:05 +0000

Many thanks to Nemo for producing such an interesting article. I am proud to hear from such concerned patriotic Diaspora. Could you please identify the relation between Soil and Crop visa vi the named Holland company Health & Performance Food International bv. I am looking for your prompt reply.

By: DigEthiopia

DigEthiopia — Mon, 15 Feb 2010 07:09:49 +0000

Teff luck: What Has Piracy Got To Do With The Price of Injera?…

Thank you for submitting this cool story – Trackback from DigEthiopia…

By: kuku

kuku — Wed, 10 Feb 2010 15:11:14 +0000

Two years ago I came across the web site of the company, Soil and Crop, and I was amazed when I found out about the production of Teff in Holland. At the same time a group activists “awarded” the Captain Hook Award for biopiracy to the same company as it was in the process of applying for both patents and plant breeders’ rights on teff and teff products.So, I got curious and send my inquiry to the director of the company about their dealings of the intellectual right.Kindly,he replied that some percentage of the profit goes to the farmers,which I don’t belive was happening.Again I tried to investigate for a while to no avail. So,I wrote the issue for a local newspaper but no one seemed to be aware of the danger.

I still remember on one of the ads for the energy bars made out of teff Haile G/Selassie’s photo was posted.Imagine they took our teff and they are also making money out of our athletes!How thief can one get!Here I would like to say we(Ethiopians) should make people be aware of the facts. AS far as I know no one in Ethiopia is discussing about intellectual property rights.Ironically, few months back it was mentioned on a local radio station that teff is being produced in the US as something remarkable.

The government is not saying anything,obviously unless an outsider is lobbying for us after the harm is done(OXFAM-Starbucks).

I would like to suggest for those people who read this forum or anybody who is concerned about what’s happening in poor countries like Ethiopia,to join up hands and raise the issue to create awareness. At least before the negotiation process of WTO accssion ends for Ethiopia.

We all know what happened to Mexico’s Enola bean and Basmati rice of Pakistan & India the patent right now owned by big US companies.

I’m relived that Nemo has raised the issue and I urge you all let’s do something before its too late and don’t let those greedy big companies get hold of our TEFF.

By: Debre Tabor

Debre Tabor — Wed, 10 Feb 2010 06:26:27 +0000

Nemo Semret, I cannot express to you how much I welcome this article. Thank you. I do however have reservations about the juxtaposition of violent and non-violent pirates.

I recommend this video from the BBC’s “HARDtalk” from 2003: http://news.bbc.co.uk/olmedia/cta/progs/02/hardtalk/egziabhe03dec.ram
(keep in mind when watching the video that Dr. Tewolde Gebre Egziabher is not there as a political apologist but as a vigilant SCIENTIST with social/environmental concerns.)

Perhaps if you do a follow-up to this article in a longer form you might consider the effects of mono-culture (http://aboutbiodiversity.org/agbdx/cornblight.html) as a result of the seed monopoly and its potential cataclysm as was evidenced in Ireland (http://aboutbiodiversity.org/agbdx/eireblight.html)

Cheers, Kudos and Gobez

p.s. Rob: please provide me with more details such as this company’s name etc..

By: Mesai

Mesai — Mon, 01 Feb 2010 21:06:43 +0000

This is one of the most intellectually stimulating stories on intellectual propriety that I have read in sometime. Nemo, I appreciate your research and bringing it to our attention. Unlike the scramble for Africa during the industrialization age, where European countries literally took over the continent in order to facilitate maximum profit while milking the people of its natural resources and raw material, the information age is manged at the speed of the Internet. But unlike the old ages, today we are lucky to have a robust and increasingly smart diaspora who is tuned into these matters. The question is: will Africa ever learn how to be in the game early? For example for Ethiopia alone, this could be a matter of life or death, charity or collecting rent on its vast natural resources beyond coffee, gold, teff, telba, atefaris (weed), quat, damakese, etc.

By: Rob

Rob — Mon, 01 Feb 2010 17:20:52 +0000

To follow up on Daniel’s comment:

A certain company has caused the EPA to grant it the exclusive right to use herbicides in the cultivation of teff. Check the Oregon dept of agriculture and its enforcement of the company’s dictates and the EPA registration of herbicides for teff crops.

This means that no weed control except the chemical of this company can be used to restrain weeds in teff crops. This was accomplished by having Epa define teff, against all logic and botanic reality, as NOT a grain and NOT a grass, which just happens to agree with the company’s definition.

The only legal choice left is to weed by hand.

Since the chemical in question kills teff you might say so what? Well, what happens when the company introduces genetically modified teff, also under its patient?

This will result in absolute control of this Ethiopian crop by this company

By: Altaye Tedla

Altaye Tedla — Mon, 01 Feb 2010 10:12:31 +0000

Nemo’s Article is very interesting. I am heavily involved in the teaching of IP in developing countries, in particular Africa, through my work at the World Intellectual Property Organization. I would simply like to encourage Nemo to keep up the awareness. The problem, in my humble view is knowledge and capacity in the African region. There is (one area of the patenting system that the article might not have addressed accurately) – such as farmers not being able to continue to do what they have done for generations. One of the requirements of a patent is novelty and if something is not novel it can’t be patented, however it is true if the patent office is not as knowledgeable, or examination procedure is not in place- of the existing practices and if there is no opposition, a patent may be issued. The burden of proof is on the one that practiced before- to prove his method existed prior to the grant of the patent. But patent owners often know what existed before and rarely go after such sources. The key is in the opposition procedure. To oppose patents (as was done in Neem extract for kidney disease) when they are filed, and following the patent gazettes. This was done by an Indian company in the mentioned case and a patent can be revoked even after having been granted. In some countries such as the US- only previous knowledge that existed in the US is what is relevant (but if published internationally it may be considered non-novel). To be brief ( farmers not being able to continue to do what they have done for generations may not be accurate). I agree with Nemo’s point that to expect our African brethren farmers, and engineers would be futile- prohibitive cost of energy and time- so the alternative is education and government investment. Even EIPO without the pro-bono assistance from a US law firm and marketing machine of Oxfam would not have gone as far as it did. Even in this case, the long term effect of the price is not evident as coffee is a highly substitutable product and commodities are best at substituting when prices go up. Economics has relied on the principle that buyers will always look to maximize their profit. The recognition that there is a different kind of economic reality which set in since the 1990′s was the hope that EIPO and evidently Oxfam supported. The fact that the final consumer has been sensitized and is knowledgeable about sources of coffee (helped by names- which we have to admit Starbucks and others helped in educating average consumers). This is why EIPO is offering ‘free licensing’ and honing on partnerships that work both ways- a little higher price for a special coffee and free use of the name. It will be seen if this approach will work- and certainly EIPO was standing on the principle that it is Ethiopian. The reality is, even if our coffee is very good and well liked, the market is saturated by substitutable coffee and the specialty market has been the focus of EIPO. My premise is therefore, the intellectual property system is not absolute, it is a balance of the many factors. Depending on the level of dependency that the new technology, or product, or trademark (intellectual property) on one source (in particular in long value chains), the return cascades by way of royalty, ownership, supporting technology, prior technology etc…With regarding to patenting- there are many who think that patenting- in addition to the three (commonly accepted) conditions- novelty, industrial applicability, inventive step- the patent system should include ‘disclosure of source’. Many Latin American, Asian, African, and some European countries are supportive of this. The debate is on the cost of adding such a requirement if there is no financial value. If there is financial value, then developing countries have to also start investing on protecting their sources. There is an opposing argument that ‘everything comes from something’ and this has always been the case. The mid-way argument is that once invented (for those patents that source from developing countries) a technology- transfer scheme should be agreed upon. For names of geographical significance (with trademark value), the intellectual property system has what is called- trademarks and geographical indications. There are many- in particular European countries who argue that a list of geographical names should be exchanged among countries depending on their commercial significance and an international register has been established but not many have joined it, including Ethiopia and US and Netherlands. It is a slow process, but I so much appreciated Nemo’s article for its awareness value and its perceptive points- thanks Tadias.

By: Daniel

Daniel — Mon, 01 Feb 2010 05:25:43 +0000

What a scary scenario indeed! Multinational corporations like ‘Monsanto’ have done harm to many farmers worldwide in regards to “rights of seeds” for example. This move by the Dutch company is obviously wrong and will lead to a dangerous road between Ethiopia and the Netherlands, but what can we as individuals do to prevent the worst from happening.

Thank you Nemo Semret for this wonderful article.

By: Maaza

Maaza — Mon, 01 Feb 2010 05:10:30 +0000

Hope poor countries wake up and start establishing patent and intellectual property protection structures in par or better than which exists in the West. Like Ethiopian Airlines. And these offices can not be staffed with ignorant political cadres. Otherwise, we will be screwed again. This is a brilliantly weaved together and forward looking article. The intellectual property issue will no doubt become one of the most important issues for third world countries in the 21st Century. Thank you Nemo and Tadias for this well informative and eye opening piece. I am glad that Africans are blowing the traupmet in advance of the crisis.