India alleges microbe 'information' theft
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The Andhra Pradesh Biodiversity Board is seeking royalty payments from Monsanto India Ltd for genetic information it alleges was 'stolen' from Bt bacteria found in the soils of Mahanandi village in India's Kurnool district. Monsanto says it doesn't do Bt research in Andhra Pradesh, and that its Bt technology is based on US research, according to LiveMint, an online edition of the Wall Street Journal.

This could raise a potentially confounding philosophical issue.

The Biodiversity Board, a statutory body set up by the Union government under the Biological Diversity Act of 2002, is seeking royalty payments from Monsanto, claiming an indigenous bacterial strain was used in developing Monsanto's genetically modified, bollworm-resistant Bt cotton seeds sold in India. Accusing Monsanto of "bio piracy", Board chairman R. Hampaiah claimed the company was also using the same technology for developing pest-resistant versions of maize and tomato.

Hampaiah earlier served as research director of Pioneer Seeds, Ltd. at Andhra Pradesh, between 1981 and 1990. Pioneer is a division of Monsanto rival DuPont.

A Monsanto executive in charge of sales of its Bt cotton seeds strongly denied the allegation. "There is absolutely no Bt research which Monsanto is doing in Andhra Pradesh. All Bt research was done in the US," said Raj Ketkar, deputy managing director of Mahyco Monsanto Biotech Ltd, a 50:50 joint venture between Monsanto Holdings Pvt. Ltd and Maharashtra Hybrid Seeds Corp. (Mahyco), which sells Bt cotton seeds in India.

Monsanto senior manager of public affairs Christopher Samuel told the Deccan Chronicle that the actual Cry1Ac gene used in Bollgard technology (event Mon531) is a synthetic gene which is identical to the Cry1Ac gene present in bacillus thuringiensis.

Hampaiah is actually asserting that "information regarding the genetic sequence of the Kurnool Bt was used". Given the fact that identical genes are shared across literally millions of species around the planet (called 'homology'), this raises the potentially confounding question of whether it's possible to claim genes have been 'stolen', when it's merely the case that two genes from different sources encode the same information.

Hampaiah says the board will seek legal action if Monsanto does not begin paying royalties. Lawyers representing the board are in the process of consulting legal experts in the US where Monsanto has a patent relating to Bt cotton, he said, claiming a legal case against Monsanto could be filed in the next couple of months.

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