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Santosombat, Yot. Academic, Chiang Mai University. 17 th May 2005 Siripat, Daycha., Director, Kwao Kwan Agricultural Research and Training Centre. 29 th April, 2005 Srethasirote, Buntoon. Director, Project Policy Strategy on Tropical Resource Base, National Human Rights Commission 21 st Feb 2005; 29 th July 2005. Suwanna Wadapikun, Northern Research Centre for Medicinal Plants from Chiang Mai University. 21/2/2006 Tithipraesert, Wichar., Former Director of the Plant Variety Protection Division, Department of Agriculture. 6 th May 2005; Vanakorod, Surawit. Academic and Plant Breeder, Kasetsaart University. 5 th July 2005. Watanasa (Dej), Issan Farmers, Roi Et Indigenous Seed Fair. 25 th April 2005. Anonymous Karen Elder, Baan Mae Ka Pu, 26 th March 2005 Patent and Trademark Documents IPIC Thailand (1999) Thai Patent Number 052443 – Patent application on Kwau krua IPIC Thailand (1999) Thai Patent Number 048605 – Patent application on Kwau krua. IPIC Thailand (1998) Thai Patent Number 046779 – Patent application on Kwau krua. IPIC Thailand (1998) Thai Patent Application 8912 ‘Medicinal herbal Composition from Kwao krua’. USPTO Patent Number 5,208,063 ‘Process that yields fluffy and tender cooked rice’. www.uspto.gov. Acc 24/02/2006 USPTO Patent No 6,352,685 ‘External preparation for the skin’. www.uspto.gov. Acc 24/02/2006 USPTO Patent No. 4,260,551 ‘Polyprenyl derivatives’… ‘useful as medicines for treating peptic ulcer’. www.uspto.gov. Acc 24/02/2006 USPTO Patent No 6,673,377 ‘Extracts derived from Pueraria mirifica, Butea superba and/or Mucuna collettii and extraction thereof’. www.uspto.gov. Acc 24/02/2006 USPTO (1999) Patent No. 5879916 ‘Geranylgeraniol-18-hydroxylase from croton sublyratus’ www.uspto.gov Acc 24/02/2006 USPTO Patent number 5,264,638 ‘Process for extraction and purification of Plaunotol’ www.uspto.gov Acc 24/02/2006 USPTO Trademark Registration number 1807817 and Serial Number 74372314. Trademarks Electronic Search System (TESS) at http://tess2.uspto.gov/. Acc?? Other Biotechnology Alliance Association (2006), Promotional Brochure. Bangkok Institute for Agriculture and Trade Policy, letter to Madeleine Albright, Secretary of State, United States Department of State. Co-signed by a long list of concerned parties – dated 30 June 1997. 107
APPENDIX ONE Chronology of the Community Forest Bill Date Policy Milestone (AD/BE) 1990 People’s version 1 of Community Forest Bill (CFB) drafted by NGOs, academics, and village (2533) leaders 1991 In response, government version of CFB drafted by Royal Forest Department (RFD) (2534) 1992 NGOs organize first annual conference on community forestry (2535) 1993 NGOs organize second annual conference on community forestry (2536) RFD promotes National Forestry Master Plan, classifying forests into economic zones and 1994 (2537) 1995 (2538) 1996 (2539) 1997 (2540) 1998 (2541) 1999 (2542) 2000 (2543) 2001 (2544) 2002 (2545) 2003 (2546) conservation zones Designation of national parks accelerated Northern Farmers Network (KGN) established, participates in government working group on community forestry Working Group meets, government representatives unable to make decisions Demonstrations in Chiang Mai, march to Lamphun (estimate 20,000 people) Parliament dissolves Chuan 1 government, Banharn elected Assembly of Poor (AOP) formally established December 10 AOP organizes 29 day demonstration in Bangkok in March, part of learning process New people’s version of CFB drafted, accepted in principle by Banharn cabinet April 30 Parliament dissolves Banharn government , Chavalit elected in November AOP 99 day “Village of the Poor” demonstration in Bangkok begins in January Cabinet Resolutions April 17 and 29 accept in principle that communities existed in conservation zones prior to designation of protected areas, and established process for verifying related information through tri-partite teams Public hearings on draft CFB in May, with backlash from lowland villages and “deep green” urban environmentalists Government revises CFB, result is unacceptable to all parties Chavalit government dissolves, Chuan II government takes over in November Following a lengthy consultation and participatory process, new Thai Constitution is passed. Art 46 supports participation of local communities in the management of natural ecosystems. Forest fires exacerbate conflicts between highlanders and lowlanders; arrests, road blocks New Cabinet Resolution June 30 reverts villages in protected areas to illegal status Rally for Rights in Chiang Mai in May. Emergence of new networks (eg SGN), strategy to unite upland + lowland communities. Petition of 50,000 signatures of eligible voters collected by the Northern Community Forest Network. This entitles them to present the people’s draft of CFB into Parliament. People’s draft of CFB introduced in February under Art 170 of the Constitution Election, Thaksin government replaces Chuan II Parliamentary committee of 35, including 13 representatives of People’s Organisations compromise to redraft the CFB; this passes the Lower House of Parliament in November. 3 articles of the Draft Bill are amended in the Senate in March, concerning the right to establish a community forest (Art 18), the procedure for changes to the boundaries of the community forest area (Art 29), and the right to gather forest products (Art 31). Amendments prohibit the establishment of community forests in protected areas, the expansion of all existing community forests, and require RFD permission for gathering all forest products. Amendments seriously change the content of the Bill, and so must be considered again in the House of Representatives. MPs debated the issue and the MPs could not agree with the Senators on the text and content of many articles, thus it was sent for consideration in a joint committee of both Houses of Parliament. Communities continue to develop forest management plans, as if the Bill were passed. 2005 Version 12 of the CFB is still being considered by a joint committee of both Houses of Parliament. (2548) Local communities are still campaigning for the recognition of their rights. Source: Narintarakun, K. and Leonard, R. (2003), with minor additions made by this author. 108
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Governance and Micropolitics of Tra
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CONTENTS List of Tables, Figures an
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Abbreviations and Acronyms ABS ARCB
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Executive Summary (Thai translation
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passing of the Bill has suffered fr
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policy and law in this study. The u
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cases 3 , particularly where a reso
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2. INTERNATIONAL DEVELOPMENTS, AGRE
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institutionalised in many developin
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germplasm originating in their gene
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e subject to exclusive intellectual
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guide for countries attempting to i
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described in section 2.7. The lates
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Switzerland took an alternate posit
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enefit sharing; (ii) protection of
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2.8 International Treaty on Plant G
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Drawing upon these and the highly r
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The current Draft ASEAN Agreement a
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The use of such bilateral trade pre
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A leaked version of the US FTA posi
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3. GOVERNANCE IN THAILAND There are
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articles). The advocacy of groups s
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in some areas and stronger IPRs in
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is opposed to ex situ resources whi
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Licence Office. This has been sugge
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capita greenhouse gas polluters on
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Pennapa et al, 2001). It is claimed
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3.4 Alleged Biopiracy Episodes and
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While the use of geographical indic
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were then taken by a Portsmouth Uni
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A number of subsequent Thai patents
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Of the biopiracy cases discussed he
Page 65 and 66: that was investigated by WIPO and U
Page 67 and 68: 3.5 Legislation and Bureaucratic Mi
Page 69 and 70: There are several aspects of the Pa
Page 71 and 72: Table 5: Development and Operation
Page 73 and 74: • twenty percent is allocated to
Page 75 and 76: Chapters Seven and Eight essentiall
Page 77 and 78: Furthermore he notes that it is not
Page 79 and 80: esources. A Community Forest Manage
Page 81 and 82: There have been ongoing meetings at
Page 83 and 84: 3.8 The Role of Civil Society, NGOs
Page 85 and 86: 3.9 Summary: Participation, Impleme
Page 87 and 88: Box 4: Indigenous Peoples and Local
Page 89 and 90: 4.2 Traditional Knowledge and Local
Page 91 and 92: Box 5: Methods of Karen Pest and We
Page 93 and 94: Table 6: Description of Threats Aff
Page 95 and 96: Traditional Medicines of Baan Sopla
Page 97 and 98: Although a full ethno-botanic inves
Page 99 and 100: Baan Khun Khlang, Hmong Village, Kh
Page 101 and 102: Rather than applying customs and ri
Page 103 and 104: developing and many ‘Eastern’ c
Page 105 and 106: This section provides an explanatio
Page 107 and 108: 5. DISCUSSIONS AND CONCLUSIONS The
Page 109 and 110: PIC requirements should however be
Page 111 and 112: Drahos, P. (2005) ‘Intellectual P
Page 113 and 114: TK-FL Working Group (2005) A summar
Page 115: IRRI, IRRI Welcomes Rice Research D
Page 119 and 120: It is recommended however that due
Page 121 and 122: c. The PIC Coordinators are respons
Page 123 and 124: . If the original source owners or
Page 125 and 126: SECTION SIX - ABS-PIC FUND a. An
Page 127 and 128: APPENDIX THREE - List of Relevant W
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