Patents on conventionally-bred plants and animals
Albeit not permitted under EU patent law, agricultural companies hold patents on conventionally-bred fruits, vegetables, and cereals. Similar patents are also being filed on animals. “Conventionally-bred plants and animals are not an invention! The existing prohibitions must be effectively implemented now in order to stop the big agricultural companies from taking control of our food!” explains No Patents on Seeds!.
How to implement the prohibition of patents?
A new rule for a stricter interpretation of the existing prohibition was adopted in 2017. Nevertheless, patents continue to be granted not only on genetic engineering but also on plant breeding based on random mutations and conventional methods. Recent examples are patents on e.g., barley, bush melons, and salad. So far, neither the EPO nor officials from the contracting states, appear to be willing to tackle this problem despite regular meetings at the Administrative Council of the EPO.
“There have been ongoing discussions for over ten years at the European Patent Office (EPO) on the most effective way to implement the prohibition of patents on plants and animals derived from conventional breeding. National governments now need to step in and take their responsibilities seriously,” says Johanna Eckhardt for No Patents on Seeds!. She further calls that all measures possible at national and international level should be taken to stop patents on conventionally-bred plants and animals.
A long-overdue conference
According to the EPC (Article 4a), such conferences should take place every five years to discuss questions relating to patent law. However, it seems that no such conferences have taken place within last 20 years.
The problem is growing due to the increased use of new genetic engineering techniques: tools such as CRISPR/Cas gene scissors can be used to imitate conventional breeding. At the same time, companies are intentionally blurring the differences between conventional breeding and genetic engineering in their patent applications. If these patents are granted, they may cover plants (or animals) derived from conventional breeding inheriting random mutations. If unstopped, this is a way for companies, such as Bayer, Corteva (previously DowDuPont), BASF and Syngenta, to gain increasing control over conventional breeding.
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