Protecting Technology and Encouraging Development

The Technology Protection System (TPS), developed by the United States Department of Agriculture-Agricultural Research Service (USDA-ARS) and Delta and Pine Land Company (D&PL), has received significant attention since the patent, Control of Plant Gene Expression, was awarded in 1998. Because the misnomer 'terminator' has become so widely used, D&PL is concerned to disseminate accurate information about this technology to interested parties.

Why was TPS developed?
Stimulating Plant Breeding and Genetic Research: TPS will stimulate plant breeding and seed marketing in countries and in crops which have not benefited from advances available in the developed countries and in some major crops due to lack of intellectual property protection. Critics of TPS say the technology will limit farmers' choice. On the contrary, TPS will in reality provide more options for growers, particularly in less developed countries, including high yielding, disease resistant and transgenic varieties with enhanced traits. These new opportunities provide farmers in developing countries with the option of moving into production-oriented agriculture rather than their current subsistence farming. 
        TPS will be available to both large and small seed firms throughout the world. It will encourage competition in many crops and geographic areas in which breeding has not been adequately serve the farmers in the past.  This is an advantage to farmers because they will have better varieties and transgenics widely available in many crops. Then farmers will have the choice of using these improved traits or continuing to grow varieties of which they can save seed for replanting.
        At present reduced genetic diversity in many important crops is a concern of both private and public breeders. However, there is no correlation between TPS and less genetic diversity. In fact, with the increased incentive for many private seed companies and universities to breed crops which have not received sufficient attention in the past, it is possible that diversity will increase as breeders focus on providing their own unique and improved varieties to farmers.

Improved Biosafety: TPS would prevent the possibility of accidental transgene movement. There has been some concern that transgenic varieties might cross with 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 problem where rotation is not practiced.

Possible Additional Benefits: With TPS still in development, there are other possible benefits that the research may provide. One of particular interest to the cereal industry is the prevention of grain sprouting in the head under wet and warm conditions in some harvest years.  Sprouting can be a primary cause of poor grain quality and causes substantial economic losses to the farmers. TPS may prevent this condition in cereals.

Understanding the TPS
TPS is a transgenic system comprising a complex array of genes and gene promoters which, in the normal state, are inactive - the plant produces normal seeds that 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. TPS has no effect on the seed product whether for feed, oil, fiber or other uses.

Other Germplasm Protection Systems
While TPS is the most prominent of the Genetic Use Restriction Technologies (GURTs), there are other older and widely used means of protecting genetic breakthroughs. The most common type of protection is hybrids, widespread in many cross-pollinated crops such as maize, sorghum, sunflower and rapeseed. Hybrid seed is seldom saved for replanting, due to genetic variability resulting in reduced performance. Farmers, in different economic circumstances and in many parts of the world, recognizing the value added from increased yields, have been willing to buy hybrid seed each year instead of saving and replanting seed from their previous crops. Their regular purchase of hybrid seed ensures quality while investments continued for research that leads to new and improved products. However, few germplasm protection systems have been successfully implemented for self-pollinated species, such as soybean, wheat, rice and cotton. The difficulty in producing hybrids, combined with poor product performance and costly implementation, has kept companies from investing in some of these crops.

Misconceptions Concerning TPS
There have been many misunderstandings and incorrect information disseminated about TPS. Some have been concerned with the possibility that the sterility trait would spread in populations and wipe out an entire species. However, sterility is one trait that does not spread in a population. By its very nature, it is only present for one generation and because sterile seeds do not produce plants, they cannot produce pollen with which to propagate the sterility gene.
        Some have expressed concern that a farmer growing a non-TPS crop next to a field of a TPS crop of the same species would not be able to save the non-TPS seed because pollen flow from the TPS crop would cause the seed to be sterile. The TPS target crops -- soybean, wheat and rice -- are highly self-pollinated. Therefore, plants of these crops will have produced seed fertilized by their own pollen prior to accepting pollen from the adjacent TPS crop. The frequency of out crossing would be extremely low and therefore, the amount of sterile seed produced on the non-TPS crop would be negligible.

Timetable for TPS Development
Several years ago, a D&PL cotton breeder and researchers from the USDA-ARS generated the idea for a technology protection system in an informal meeting. The research began in 1993, and progressed over the next few years to move the concept towards reality. In the spring of 1998, D&PL and the USDA were jointly 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 or any TPS plants of any species, growing in a field, anywhere in the world.

Better Choices and Benefits
Farmers will continue to select varieties which offer them the highest returns and most benefits. As in current case with transgenic varieties, farmers will choose from TPS and non-TPS varieties. It is the expectation of both D&PL and the USDA 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, but it will clearly be their choice.

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 to be successful. If a technology does not bring benefits and increased prosperity to their customers, the farmers, they will not purchase the technology.  It is in everyone's interest that more choices are available to all farmers throughout the world, 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 welcomes the opportunity to discuss the TPS with media, seed and technology companies, as well as individuals. His complete address is: Harry B. Collins, Delta and Pine Land Company, P.O. Box 157, Scott, Mississippi, MS  38772 USA; Tel: ++1-662-742-4533; Fax: ++1-662-742-3795; E-mail: harry.b.collins@deltaandpine.com. (Editor: We would like to thank Dr H.B. Collins for his contribution to Seed Info)


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