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TWN Info Service on Biodiversity and Traditional Knowledge (Mar13/01)
15 March 2013
Third World Network

Dear friends and colleagues,

A new report by Christoph Then and Ruth Tippe has been published by the European "No Patents on Seeds" coalition.

The No Patents on Seeds coalition is initiated by the Berne Declaration, Greenpeace, Misereor, No Patents on Life, Swissaid and the Norwegian Development Fund, and campaigns for a clear regulation in patent law. Their initiative is supported globally by over 300 NGOs and farmers’ organisations, and has collected about 100,000 signatures against patents on plants and animals. The coalition now urges the institutions of the EU to go for clear legal regulations to exclude from patentability plants and animals, genetic material and processes for breeding of plants and animals and food derived thereof.

The new report titled: "President of the European Patent Office gives green light for patents on plants and animals: Patent office ignores the position of the European Parliament" calls for the following:

1. The European Patent Convention (EPC), which is the legal basis for the European Patent Office (EPO), should be changed to exclude plants and animals and parts thereof. For this purpose, a diplomatic conference should be requested by the member states of the EPO.
2. To eliminate the many grey areas in current European patent law, the European Patent Directive 98/44 should be changed so that it excludes patents on plants and animals and parts thereof .
3. The Administrative Council of the EPO, which is the body representing the member states of the EPO, should change the wording of the Implementation Regulation in a way that is in accordance with the resolution of the EU Parliament to prohibit patents on conventional breeding in plants and animals.
4. A full comprehensive breeders exemption and the respect of farmers rights should be established
in the EU patent law.

Below is a summary of the report and the full text is available at: http://www.no-patents-on-seeds.org/sites/default/files/news/new_wave_of_patents_2013.pdf

With best wishes,
Third World Network


President of the European Patent Office gives green light for patents on plants and animals

Patent office ignores the position of the European Parliament

by Christoph Then and Ruth Tippe

http://www.no-patents-on-seeds.org/sites/default/files/news/new_wave_of_patents_2013.pdf

The European Patent Office (EPO) is once again rushing patents on plants derived from conventional breeding through the application procedure. In the coming weeks, around a dozen new patents will be granted, covering species such as broccoli, onions, melons, lettuce and cucumber. This is in strong contrast to EPO practice last year when only very few patents were granted due to a pending precedent decision on the patentability of plants and animals (G2/12).This decision has still not been made.

The granting of further patents on plants derived from conventional breeding is also a setback for the European Parliament, which in May 2012 called upon the EPO to stop these patents because they contravened current European Patent legislation.

Apparently, this new development in patenting has been heavily influenced by the opinion of the President of the EPO, Mr Beno๎t Battistelli, who recently gave a clear statement in favour of such patents, thus clearly backing the interests of companies such as Monsanto and Syngenta. If Battistelli ́s interpretation of current patent law goes ahead in this form, it will render meaningless the prohibition of patents on plant and animal varieties as well as on conventional breeding. By taking up this extreme position on patents on plants, Battistelli is acting against the interests of the majority of European plant breeders, the European farmers organisations and many other organisations active for developing countries, the environment and the interests of the consumers.

The organisations behind the coalition of “No Patents on Seeds” are extremely concerned because, for example, Monsanto and Syngenta already own more than 50% of seed varieties of tomato, paprika and cauliflower registered in the EU. There are concerns that patents on seeds will foster further market concentration and make food supply ever more dependent on just a few big international companies.

No Patents on Seeds is demanding a stop to the patenting of plants and animals, legal revision of European Patent laws to exclude patents on plants and animals.

 


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