Statements and Comments

IPR - Non-ASTA

July 1, 2000

Delta & Pine Land Company/U.S. Department of Agriculture

PROTECTING TECHNOLOGY AND ENCOURAGING DEVELOPMENT

The Technology Protection System (TPS), developed through the efforts of the United States Department of Agriculture's Agricultural Research Service (USDA-ARS) and Delta and Pine Land Company (D&PL), has received significant attention since the patent was awarded last spring. To insure that D&PL employees and others in the agricultural industry have accurate information, we have prepared this information on TPS.

WHY TPS?

This technology will insure North American farmers a more level playing field when competing in commodity production with farmers worldwide. North American farmers have been paying for advanced seed technologies for the past several years based upon the value of proven enhancements. Some of these advanced technologies have leaked into other countries without payments by the farmers receiving the advantages of these traits, creating an uneven playing field.

TPS will also stimulate breeding and marketing efforts in countries which have not benefited from advances currently available in the developed world due to lack of protection of intellectual property. Critics of TPS say the technology will limit choices these farmers have. However, it will actually result in growers, particularly in Third World countries, having more options available to them, including high-yielding, disease-resistant and even transgenic varieties. We expect this new opportunity to present farmers in the Third World with the option of moving into production agriculture rather than their current subsistence farming.

BIOSAFETY REALIZED THROUGH TPS

Biosafety produced by TPS prevents the remote possibility of transgene movement. There has been some concern that biotech-derived genes might cross to wild relatives. This slight possibility should be prevented by TPS activated plants, as even the pollen, if it happens to pollinate flowers of a wild, related species, will render the seed produced non-viable. In addition, the non-viable seed produced on TPS plants will prevent the possibility of volunteer plants, a major pest problem where rotation is practiced.

UNDERSTANDING THE SYSTEM

TPS is a transgenic system comprised of a complex array of genes and gene promoters which, in the normal state, are inactive. This means the plant is normal and produces normal seeds which germinate when planted. Seeds carrying TPS produced for sale to the farmer will simply have a treatment applied prior to the sale of the seed which, at time of germination, will trigger an irreversible series of events rendering the seed produced on farmers' plants non-viable for replanting. It's important to note that

TPS, like hybridization, will have no effect on the seed product whether for feed, oil , fiber or other uses.

OTHER GERMPLASM PROTECTION

While TPS is a first in biotechnology-based germplasm protection systems, there are other means of protecting genetic breakthroughs. The most common type of protection system is hybrid seed production. Although primarily a system for increased yield via hybrid vigor, it is also a protection system. Hybrids are seen in many cross-pollinated crops such as corn, sorghum, sunflower and canola. Reduction in performance and changes from the parent seed leads to little saving of hybrid seed. Farmers, recognizing the value added from increased yields, are willing to buy new hybrid seed each year instead of saving and replanting seed from their previous crop. Their purchase of new seed each year insures quality and funds new research that leads to new and improved products.

On the other hand, few germplasm protection systems have been successfully implemented for self-pollinated species, such as cotton, soybeans, wheat and rice. The difficulty in producing hybrids, combined with costly implementation and poor product performance has kept companies from investing heavily in some of these crops.

FARMERS TO RECEIVE CHOICE AND BENEFITS

Farmers will continue to select those varieties which offer the highest returns and most benefits to the farmer. As is currently the case with transgenic varieties, farmers will be able to choose from TPS and non-TPS varieties. It is the expectation of both D&PL and the USDA-ARS that the benefits realized by planting TPS varieties, carrying advanced technology traits, will be significant. Many farmers will be likely to choose TPS varieties when given the opportunity.

TPS LIKELY TO INCREASE RESEARCH

TPS will be broadly available to both large and small seed firms. Because of this, it is anticipated that TPS will encourage increased breeding research in many crop species and geographic areas. Consequently, there should be sizable improvements in technology. Delta and Pine Land Company and the USDA-ARS believe that this is a distinct advantage to farmers because they will have better varieties and transgenics more widely available to them.

Genetic diversity in many important crops is a real concern of both private and public breeders today. There is no correlation between TPS and lack of genetic diversity. In fact, with the increased incentive for many private seed companies as well as universities to breed crops which have not received sufficient attention in the past, it is entirely possible that diversity will increase as breeders focus on providing unique and improved versions of germplasm to farmers.

TIMETABLE FOR DEVELOPMENT

Several years ago, a D&PL cotton breeder and researchers from the USDA-ARS generated the idea for a technology protection system during a casual meeting. With research beginning in 1993, it progressed over the next few years to move the concept to reality. In the spring of 1998, D&PL and the USDA were awarded a patent by the US government. The system is being developed further and we expect that it will be a few years before TPS transgenic varieties are commercialized. Though research is progressing well, there are no TPS plants, nor have there been any TPS plants of any species, growing in a field, anywhere in the world.

MEASURING SUCCESS

In the end, it is the farmers who will decide if the TPS and other new agricultural technologies have tangible benefits. Seed companies and technology providers are dependent on helping farmers be more successful. If a technology does not bring benefits and increased prosperity to our customers, then they will not purchase the technology. It is in everyone's interest that more choices be available to all of the world's farmers, and the TPS is a means of achieving this goal.

FOR ADDITIONAL INFORMATION
Dr. Harry B. Collins, Vice President of Technology Transfer, leads the TPS effort for D&PL and is glad to discuss the TPS with media, seed and technology companies, as well as individuals.

He can be reached at D&PL's headquarters in Scott, Mississippi by calling 601-742-4533 (8 a.m. to 5 p.m. CST), faxing 601-742-3795 or e-mailing harry%202.2946@mcimail.com.