In March 2015, the Enlarged Board of Appeal of the European Patent Office (EPO) took a decision of fundamental importance on the interpretation of patent laws: The board ultimately rejected the objections against patents for a tomato with reduced water content and a broccoli with an increased content of anti-carcinogenic ingredients, even though both plants were conventionally bred.

The European Patent Convention (EPC) explicitly states that patents may not be granted for plant or animal varieties and for essentially biological processes for the production of plants or animals. But according to EPO, this does not rule out patents on the plants as such – as long as the claims are not directed to the process, or to a concrete plant variety, but simply encompass all plants - and consequently all varieties with the respective properties. In this way, the EPC rule excluding plant and animal varieties from patentability is rendered toothless.

This interpretation of patent law could have dramatic consequences for the agri-food sector. The patent system allows the owner of a patent to control any use of the claimed plant – from cultivation to processing to marketing. On the other hand, supporters of this practice claim that patents create stronger incentives for innovation.

Several hundred applications for plants produced by essentially biological processes have already been filed with the EPO, and certainly more are to follow. If the current practice continues, patents on conventionally-bred plants will increasingly become a reality in agriculture and the food chain. Should we resign ourselves to that fact, or even welcome it? Or is it necessary to change course – and if so, how to proceed?

Programme
Welcome:
Horst Becker Parliamentary State Secretary, North Rhine-Westphalian Ministry for Climate
Protection, Environment, Agriculture, Conservation and Consumer Protection

Introduction:
Dr. Thomas Bouvet Attorney at law, intellectual property specialist

Panel discussion:
Szonja Csörgö European Seed Association, Director IP & Legal Affairs
Albert Deß Member of European Parliament, spokesman on agriculture for the EPP
Dominic Muyldermans Legal advisor to CropLife and EuropaBio
Dr. Christoph Then testbiotech e.V. and NGO coalition „No patents on seeds“
 

Moderator:
Monika Hoegen Independent journalist and moderator specialized in global sustainability

Wednesday April 20th 2016, 2 – 4 pm, Entrance and light lunch: 1 pm
Representation of North-Rhine Westphalia to the EU, Rue Montoyer 47, 1000 Brussels