November 2022 - Npos_2018 - lists.testbiotech.de

Fwd: [New-gm-eur] Press release: European Commission risks farmers' rights by ignoring impact of new GMO deregulation on European patent law
by Christoph Then 14 Nov '22

14 Nov '22

fyi -------- Weitergeleitete Nachricht -------- Betreff: [New-gm-eur] Press release: European Commission risks farmers' rights by ignoring impact of new GMO deregulation on European patent law Datum: Mon, 14 Nov 2022 12:18:44 +0100 Von: Cloé Mathurin <cloe(a)eurovia.org> An: new-gm-eur(a)lists.corporateeurope.org <new-gm-eur(a)lists.corporateeurope.org> Dear all, I would like to forward you ECVC's latest publication, *a **report analysing the impact that deregulation of new GMOs would have on the application of european patent law.* The report shows that the removal of the traceability requirement for GMOs derived from new genomic techniques would lead to an abusive extension of the scope of patents to seeds obtained with conventional breeding techniques, with a disastrous impact of peasants' rights to seeds. The report also points out that the Commmission didn't comply with the 2019 Council decision, which was addressed to the European Commission as a whole and requested a study covering the whole of European law. This has not been complied with to date, since only DG SANTE has taken up the subject and has limited its initial proposals, initial impact study and its various consultations to GMO regulation alone. The impact on intellectual property rights has been explicitly excluded, even though this issue is the primary concern of the guaranteed GMO-free agricultural sector. We have forwarded this report to the Commission, and plan on using it as part of our strategy for the next months. We would off course be happy to discuss it during the strategy meeting this wednesday. *The report and executive summary can be consulted on our website in **English <https://www.eurovia.org/publications/report-impacts-of-the-commissions-init…>**, **French <https://www.eurovia.org/fr/publications/rapport-impacts-de-linitiative-de-l…>**and **Spanish <https://www.eurovia.org/es/publicaciones/informe-repercusiones-de-la-inicia…>**, and attached you can find the press release in 3 languages. * Best, Cloé -- Cloé Mathurin Seeds & GMOs Working Group European Coordination Via Campesina Rue Grisar 38, 1070 Brussels +32 493525108 www.eurovia.org Working days : Tuesday, Wednesday, Thursday logomedium.png *Press release 14 November 2022, Brussels* *European Commission risks farmers' rights by ignoring impact of new GMO deregulation on European patent law* ** In the course of 2023, DG SANTE[i] <#m_3136380094908630007__edn1> intends to publish a legislative proposal to exclude certain “new genomic techniques”[ii] <#m_3136380094908630007__edn2> from European GMO legislation. Yet, the question of how such an amendment will impact European patent law has been simply left out of the initial impact assessment process and consultations conducted by DG SANTE on this initiative. This is dangerous given that all GMOs –new and old –are covered by patents, with very concrete consequences for farmers' rights to seeds. To address this shortcoming, the European Coordination Via Campesina (ECVC), which represents small and medium-sized European peasants farmers, has published *a new report* <https://www.eurovia.org/publications/report-impacts-of-the-commissions-init…>*detailing the impact that the Commission's proposed deregulation of new GMOs would have on the application of European patent law. *The report is accompanied by *an executive summary* <https://www.eurovia.org/wp-content/uploads/2022/11/Executive-summary-EN-2.p…>highlighting the key points of the analysis and possible solutions. In this report, which has been forwarded to the European Commission, *ECVC uses concrete examples to demonstrate that the removal of the traceability requirement for GMOs derived from "new genomic techniques" would lead to an abusive extension of the scope of patents to traditional farmers' seeds and commercial seeds*[iii]* <#m_3136380094908630007__edn3>*. Such extensions will lead to the privatisation of native and traditional seeds by the few multinationals that hold the majority of patents on these techniques. These trends have already been observed in regions of the world where GMOs are deregulated. For farmers and breeders, the consequences will be concrete and disastrous, as they will not be able to re-use their own seeds for fear of being sued for infringement. Furthermore, *in this report ECVC denounces the non-compliance with the decision of the Council of the European Union, which asked the European Commission to carry out a study in 2019 on the status of "new genomic techniques" in the law of the European Union***[iv]** <#m_3136380094908630007__edn4>. This decision was addressed to the European Commission as a whole and requested a study covering the whole of European law. This has not been complied with to date, since only DG SANTE has taken up the subject and has limited its initial proposals, initial impact study and its various consultations to GMO regulation alone. The impact on intellectual property rights has been explicitly excluded, even though this issue is the primary concern of the guaranteed GMO-free agricultural sector. ** ECVC therefore considers that any proposal from the European Commission concerning the legal status of "new genomic techniques" which is not accompanied by a study of its impact on the concrete application of patent law would, on the one hand, be incomplete and contrary to the Council's request and, on the other hand, would not respond to the legitimate concerns of the agricultural sector as to the concrete risks of control of traditional and native seeds by patents and of violation of farmers' rights relating to seeds. *The report and executive summary are available in **English* <https://www.eurovia.org/publications/report-impacts-of-the-commissions-init…>*, **French* <https://www.eurovia.org/fr/publications/rapport-impacts-de-linitiative-de-l…>*and **Spanish* <https://www.eurovia.org/es/publicaciones/informe-repercusiones-de-la-inicia…>*on the ECVC website*. *_Contacts :_**__* Alessandra Turco, member of the ECVC Coordination Committee: + 39 3476427170 (FR, ES) Guy Kastler, ECVC Working Group on Seeds and GMOs: +33 603945721 (FR) Cloé Mathurin, ECVC Policy Officer for Seeds and GMOs: cloe(a)eurovia.org <mailto:cloe@eurovia.org>(FR, EN, ES) ------------------------------------------------------------------------ [i] <#m_3136380094908630007__ednref1>Directorate-General for Health and Food Safety of the European Commission. [ii] <#m_3136380094908630007__ednref2>That is, certain techniques of genetic modification (directed mutagenesis and cisgenesis). [iii] <#m_3136380094908630007__ednref3>That is, non-GMO seeds, obtained by traditional breeding processes. [iv] <#m_3136380094908630007__ednref4>European Council Decision 2019/1904.__ * * * * -- *European Coordination Via Campesina * Rue Grisar 38 1070 Brussels, BELGIUM Tel. (BE) +32 22173112 * * www.eurovia.org <http://www.eurovia.org/> info(a)eurovia.org <mailto:info@eurovia.org>

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Fwd: Plant IP Conference - would you attend online?
by Christoph Then 14 Nov '22

14 Nov '22

just to let you know, in case interested -------- Weitergeleitete Nachricht -------- Betreff: Plant IP Conference - would you attend online? Datum: Mon, 14 Nov 2022 10:37:06 +0000 Von: jc.alexandreho(a)forum-institut.de An: info(a)no-patents-on-seeds.org Dear Mr. Then, You have attended the *IP Protection for Plant Innovation Conference* in the past. While the rerun of this conference this year is scheduled as an in-person conference, we are considering to make the conference hybrid, i.e. you could also attend the conference online, if there is a sufficient number of registrations for an online participation. The conference is going to take place on *8 and 9 December 2022* (8 December: 09:00-18:30 CET, 9 December: 09:00-15:15 CET). You will find further information with the updated agenda at www.ip-plant-innovation.com <http://www.ip-plant-innovation.com/>. I would highly appreciate if you could just let me know briefly whether you would be interested in an online participation. Kind regards, Jean-Claude Rechtsassessor (Mr) *Jean-Claude ALEXANDRE HO* LL.M., Maître en Droit Conference Manager Intellectual Property FORUM · Institut für Management GmbH Vangerowstr. 18 | 69115 Heidelberg | Germany direct: +49 6221 500-675 | mobile: + 49 151 58246348 | fax.: +49 6221 500-962 jc.alexandreho(a)forum-institut.com | www.forum-institut.com <http://www.forum-institut.com/> <https://www.linkedin.com/in/ip-knowledge-enhancer/> General Manager: RA Prof. Dr. jur. Ulrich Zeitel Gesellschaft mbH mit Sitz in Heidelberg Amtsgericht Mannheim HRB Nr. 331767 Imprint <https://www.forum-institut.com/Legal-and-disclaimer>, privacy policy <https://www.forum-institut.com/privacy-policy>and terms and conditions <https://www.forum-institut.com/cancellation-policy>

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WG: Invitation to event on NGTs on 16th Nov
by Johanna Eckhardt 10 Nov '22

10 Nov '22

Dear all, there is another workshop for MEPS and other stakeholders in Brussels on 16 November (14h-16h) on "NGT and plant breeding. What will their role be in the transition to a more sustainable agri-food system " with speakers from Euroseeds, EU COM, Thor Gunnar Kofoed (Copa-Cogeca), co-hosted in the frame of the Czech presidency. See attached. Busy days... Best, Johanna Mag. Johanna ECKHARDT Project Coordination Tel. +43 680 21 26 343 <mailto:johanna.eckhardt@no-patents-on-seeds.org> johanna.eckhardt(a)no-patents-on-seeds.org NO PATENTS ON SEEDS! <http://www.no-patents-on-seeds.org/> www.no-patents-on-seeds.org <http://www.facebook.com/nopatentsonseeds> www.facebook.com/nopatentsonseeds <http://www.twitter.com/nopatentsonseed> www.twitter.com/nopatentsonseed

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preview of our report for KWS
by Christoph Then 10 Nov '22

10 Nov '22

Dear all please see the passages from our report I would send to KWS tomorrow to prepare our meeting. any comments? thanks, Christoph

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! report on KWS, German (revised) and en
by Christoph Then 09 Nov '22

09 Nov '22

Dear all please see draft report on KWS patents in German and English. I added also some information about the KWS varieties concerned. I also phoned KWS and informed them we would like to talk to them and plan to visit the shareholder meeting on 6 December. They promised to call me back. we can consider to share the report in advance with the company. It would be nice to get a first round of feedback during next week. Christoph

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! meeting with KWS
by Christoph Then 09 Nov '22

09 Nov '22

Dear all, it looks like Katherine, Francois and Johanna and me will participate in that meeting. From KWS, the head of IP international and head of IP national are announced to take part. It will be online, Johanna will provide the link. I will send a link to whole round of the meeting on Friday, with all relevant information. I would attach some overview on our current research, but maybe not the whole draft report. The proposed time is 3 p.m. on 25 November. everybody fine with it? if not, please let me know. Christoph

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update on Carlsberg / final text for appeal (only German)
by Christoph Then 08 Nov '22

08 Nov '22

Dear all I received the comments from the lawyer, only minor corrections. I marked them in gray. In addition, I took into account the corrections made by Johanna. I propose to file the text on Friday, after that Arche Noah might prepare for a briefing of journalists. in necessary, please send final comments. have a nice evening Christoph

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good news on Salvia Foundation
by Christoph Then 08 Nov '22

08 Nov '22

looks like we will the receive the funding .. thanks to Johanna who did a lot of the final decisive work to organise and fill in the data and answer to questions, keeping always close contact with Salvia!!

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! Talk with KWS on 25 November
by Christoph Then 07 Nov '22

07 Nov '22

Dear all as mentioned, I called KWS and asked them for a meeting before 6 December. We now have an invitation for a meeting on 25 November (time is not yet fixed). I suppose we should do it online if several experts from our side want to participate. Otherwise we also could try to meet them physically. They also would like to know about which patents we want to talk. So I guess I will send them the list and case studies (part of the report, but maybe not the whole report). Please come back to me till Thursda with your comments and suggestions. cheers Christoph

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!! update on upcoming events
by Christoph Then 04 Nov '22

04 Nov '22

dear all we now have some more dates for our planned activities: on 23 November we will be in Berlin at the Ministry to present the petition (but it is likely there will be no handover) on 6 December we go to Einbeck / KWS on 12 December there will be a handover in Switzerland on 13 December we organise handover to the Admin Council at the EPO in Munich. There might be an additional hand over in Austria, not yet decided. Tommy will coordinate as announced. We have scenarios for the activities involving the screaming plants, a symbolic presentation of signatures (with the overall number and logos) and around 250.000 (organic) maize kernels, representing the number of signatures (in 38 packages for the 38 member states). We also prepare a report on KWS patents to be presented in time. we now will organise several working groups for the different activities, to mobilise participants. We will also include WeMove into these preparations. so please let us know if you can help us with activists or other input for the different activities. We would be very happy if we could get support in Berlin (AbL, GeN, BUND, WeMove ...?), Einbeck (AbL, GeN, BUND, WeMove, Dachverband Kulturpflanzen, IG gegen Nachbaugebühren ...?) and Munich (Umweltinstitut, BN, Kein Patent auf Leben, WeMove ...?) cheers Christoph PS please register at Johanna for our workshop in EU Parliament on 16 November.

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