Experts on intellectual property law urged the Agriculture Ministry to oppose the US government if it decides to give patents to an American scientist for a new hybrid developed from Thai jasmine rice.

Meanwhile, agencies under the ministry considered the issues surrounding the case, with the Office of Plant Variety Protection (OPVP) even wondering whether fragrant rice can be considered the legal property of Thailand.

Jakkrit Kuanpoth, a law academic from Sukothaithammathirat Open University, said it was the responsibility of the ministry to protect all local plant species considered crucial to the national interest.

American plant breeder Chris Deren said on Friday that he was conducting a field experiment to develop aromatic Thai rice to produce an early-maturing and shorter rice plant, that would be able to grow under US climate conditions and would be suitable for mechanized harvesting in the US.

Jakkrit said that if Deren's experiment succeeds and is patented, it would have an impact on the Thai rice industry.

Fragrant Thai rice, widely known as jasmine rice, is one of the main exports of the Kingdom due to its sweet taste and aroma. Each year the country produces about 3 million tones of the rice, of which 300,000 to 400,000 tonnes is exported to the US.

"Although the patent would be registered in the US, the Thai government could argue that it is a novel plant species that has been developed from our local plant species. Meanwhile, the US should be made aware of an international trend to refuse to appropriate another nation's genetic resources," said Jakkrit.

Wicha Thitiprasert, director of the OPVP, said that while his office's responsibility is to protect local plant species, rice species were not included.

"I really don't know whether jasmine rice is a protected species or not. You're better off asking the Rice Research Institute," he said.

Jade Donavanick, law expert of the National Centre for Genetic Engineering and Biotechnology, said there was no legal statement showing that fragrant Thai rice is the country's legal property. The plant is only a protected plant species under the 1975 Plant Protection code, he said.

However, he agreed with Jakkrit that the government should do something to protect the national interest.

He added that it was obvious among the international community that jasmine rice was originally grown in Thailand.

"We might not be able to forbid the US from patenting the new species (developed by Deren), but at least the government should negotiate benefit-sharing. As the country protecting jasmine-rice species, we should receive something from the development," he said.