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TWN Info Service on Intellectual Property Issues
(Apr10/02) Major breakthrough in the fight against
biopiracy: (26.04.10) (Johannesburg, Zürich, Bonn) The African
Centre for Biosafety (ACB), the Berne Declaration (BD) and the Church
Development Service (EED) welcome the announcement by Schwabe today
that it will not pursue five pelargonium related patents granted to
it by the European Patent Office EPO). Mariam Mayet, Mayet announced that the “The next step will be to fight biopiracy beyond the patent system”, says Francois Meienberg of the Swiss based Berne Declaration. “Biopiracy is about unlawful use, not only about patents. Users of biological resources and traditional knowledge must comply with the provisions of the Convention on Biological Diversity, especially those relating to Prior Informed Consent on Mutually Agreed Terms, including in relation to Benefit Sharing.” Charity is not what is needed. For as long as real benefits are not transferred on mutually agreed terms by users and providers, the problem of biopiracy will not be solved. “The fact that Schwabe will not pursue the pelargonium patents is a major breakthrough in our fight against biopiracy” Michael Frein, Church Development Service (EED) comments. “Schwabe's pelargonium patent on extraction methods was successfully hallenged. But it is impossible to follow every case of biopiracy with the same efforts. The pelargonium case highlights the need for a strong legally binding international agreement that is able to prevent biopiracy and provides comprehensive legal certainty for the victims of biopiracy.” On 27 January 2010, the European Patent Office
revoked a patent related to the use of Pelargonium. Among the opponents
were the Among these five patents are all four that have been challenged, including the one that already has been revoked by the European Patent Office. At the same time Schwabe continues to hold on to two pelargonium patents pending before the EPO. For further information please contact:
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