Bridges Trade BioRes • Volume 7 • Number 6 • 30th March 2007

Civil Society Protests Patenting of Non-GM Seeds and Farm Animals

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A coalition of global environmental and development NGOs and farmers’ organisations recently launched an initiative against a push by the European Patent Office (EPO) to broaden the scope of patentability by allowing patents for seeds, conventional plant varieties and animal species.

Launched on 26 March, the “Global Appeal Against Patents on Seeds and Farm Animals” is directed at the EPO, and seeks to raise public discussion and political pressure ahead of a key test case this year. Greenpeace, Swissaid and the Berne Declaration, along with farmers’ groups from Brazil, India, Argentina and Italy are among the sponsors of the initiative. It aims to provide a voice to farmers, who are expressing their disbelief at the way intellectual property rights are affecting their livelihoods.

Under the European Directive on Biotechnological Inventions, plant and animal varieties are not patentable. However, the scope of patentability has been broadened by provisions that grant patents to inventions that cover more than one variety or species. This means that multinational corporations are increasingly able to obtain patents on conventional plants, in addition to genetically modified plants, and to control the market in plants and seeds. These practises restrict farmers’ rights to save, exchange and sell seeds that they have cultivated over generations.

A controversial patent on broccoli (EP1069819B1), granted to Plant Bioscience Ltd by the EPO in 2002, has been challenged by plant breeding companies Limagrain and Syngenta. The case is due to be heard by the Enlarged Board of Appeal (the highest court within the EPO) later this year, and is seen as a test case for the validity of patents on conventional seeds and breeding methods. Since Syngenta itself is applying for similar patents — for instance in relation to rice — the case is expected to clarify rather than reject the criteria for patentability of conventional seeds.

The organisations behind the Global Appeal argue that the broccoli patent should be revoked, as the patent does not refer to a genetically modified plant but rather covers conventional seeds and breeding methods. This contravenes the European Patent Convention (while such patents are granted in the US). If the broccoli case became precedent-setting, a mere genetic description of a plant or animal would suffice for patenting a plant or animal as well as the methods for their production.

The initiative further rejects the patenting life and urges policy makers and patent offices to stop granting patents on gene sequences or methods for the conventional breeding of plants and animals. The Global Appeal also urges companies not to apply for any patents of this kind.

Additional resources

The Global Appeal against patents on conventional seeds and farm animals is available at http://www.no-patents-on-seeds.org/index.php?option=com_content&task=view&id=1&Itemid=27.

ICTSD reporting.