By Neelam Raaj
It's a classic case of commercial interest vs public interest which
could set an important precedent. Genetically modified brinjal ? expected to
be the country's first edible GM crop ? could find its way to your plate
soon.
But first, Delhi high court will have to decide whether the company
conducting its field trials can keep data on health and environment safety
tests out of the public domain on the grounds that the information is a
"trade secret".

The data in question comprises toxicity and allergenicity studies and
was submitted by Maharashtra Hybrid Seeds Co Ltd (Mahyco), a subsidiary of
multinational Monsanto, to the department of biotechnology for regulatory
clearances.

A representative of environmental watchdog Greenpeace sought access to
the data under the Right to Information (RTI) Act, 2005.

Currently, open-air field trials of GM brinjal are being conducted in
the fields of 11 public sector institutions. It is expected to hit the
market by 2009, with Indians being the first global consumers of this
transgenic crop.

While Greenpeace says disclosure is in public interest, Mahyco has
moved high court seeking quashing of the order passed by the Central
Information Commission last year ordering the department of biotechnology to
release data on the safety tests.

The company has argued that the data contains immense patentable
information and should be considered its intellectual property.

In its petition, it has also said that the CIC order violates the
government's obligations under TRIPS.

The CIC order came after the department of bio-technology turned down
Greenpeace's plea for data on the grounds that the information it sought
included "commercial confidence, trade secrets or intellectual property, the
disclosure of which would harm the competitive position of a third party".

Besides brinjal, Greenpeace also sought bio-safety data on GM bhindi,
mustard and rice. However, the CIC found merit in the Greenpeace argument
that the data would not be used for commercial purposes and was sought to
ascertain the risks that transgenic crops pose, particularly when open-air
field trials are being conducted across the country.

The second time around, the department of biotechnology did not deny
access but said the data could not be provided as it ran into thousands of
pages.

The Central Information Commission heard a second appeal on November
22, 2007. The Commissioner, after going through the Environmental Protection
Act (1986), noted that "genetically engineered organism or cells are
recognised by the government as an item potentially hazardous to public
heath.

"It automatically follows that full compliance with these rules is a
matter for public interest".

Mahyco subsequently moved Delhi high court which passed an interim
order in December 2007 staying the CIC order till the next hearing of the
case on April 23.
[timesofindia.indiatimes.com]