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PROPERTY RIGHTS ON MAGUEY, NOPAL SUBJECT OF LATEST TRADE CONTROVERSY BETWEEN MEXICO AND CHINA.

Article Excerpt
Mexico's efforts to protect its culture and heritage took an interesting turn when a major agricultural group accused Chinese and Japanese entrepreneurs of attempting to steal intellectual-property rights for maguey and nopal cacti. The concern is based on reports that entrepreneurs from the two Asian countries were trying to obtain patents from the European Union (EU) on various products manufactured from maguey and nopal, but it is not clear whether the requests involved intellectual-property rights on varieties of those plants. While a trade conflict between Mexico and China is opening on one front, the two countries resolved another dispute after the Asian nation agreed in late November to eliminate tax subsidies said to be giving Chinese exports to Mexico and the US an unfair advantage. China agreed to drop the subsidies in negotiations with Mexico and the US, rather than face a prolonged investigation through the World Trade Organization (WTO).

Agriculture group raises red flag about patent requests

The Confederacion Nacional Campesina (CNC) sounded the alarm about the nopal and maguey after learning that Chinese and Japanese businesses had filed a request with the EU in Brussels to obtain patents on 49 products developed using the two plants, including pharmaceuticals, textiles, food items, and cosmetics. The CNC's concern was directed particularly at China, known to mass-produce counterfeit handicrafts, furniture, and other traditional items. Many of these products are smuggled into Mexico and sold as traditional "Mexican" items (see SourceMex, 2003-09-17).

Nopal and maguey growers are concerned that China...