August 2022 - Npos_2018 - lists.testbiotech.de

! discussion on further strategy and activities
by Christoph Then 02 Sep '22

02 Sep '22

Dear all, on September 5 we will have next zoom meeting. This will an important meeting, because we have to take some decisions about further strategy very soon. The reason: We have to file a new application to Salvia with a strategy for three years. And we will have to file an new application to Gen ethical Foundation. And also our member organisations have to know what our plans are. So this mail is about to start further discussions. I also will draft a text document, in this mail I just want to circulate some general ideas and analysis in advance. 1. We should become more confrontative with governments We will not achieve our goal for a call of an international conference. So far, we gained some support and managed to show urgency, but this will, by far, not sufficient. Therefore we should organise out handover in a more confrontative way. We should choose governments which know about the issue very well (Germany, Switzerland, Netherlands, Denmark, maybe Spain and France) but did not get active. So we could organise a public events in front of the ministry, also without handover and blame them for doing nothing (we still can do friendly handover in addition). 2. We should start talks & confrontation with selected companies We should start direct talks with KWS, asking them to drop their patent applications. We should not expect KWS to become our supporter, but at least to trigger a debate with public impact. We could run public activities at their their offices (in several countries). 3. broaden public outreach There is the idea to 'lable' seed packages with a message saying somtheing 'only use patent-free seeds!'. we could discuss with some friendly breeders or seed producers like Arche Noah oer Bionext if they would like to spread the message by this way to an important target group. Maybe this also would have some impact on other breeders to start discussions. 4. In addition, we will file opposition against the KWS patent and appeal against Carlsberg decision (the written decision is available now, we can draft our arguments) and also continue debate with the EPO. These activities are all meant to create synergies to move forward the political decision makers to take action. However, we may not try to set further deadlines like we did with the international conference. We should not expand our activities in terms of diplomatic conferences, changes of law as long as we do not have much more support. We also will not change our goals. We also should not expect a quick solution. But we should be aware that we are the only organisation acting against patents on seeds and likely the only chance to stop it. If we move forward some governments for example to change national laws and wake up some more breeders (or other stakeholders like brewers) we still have a chance to make progress. So if you have to send me your thoughts, I can try to include in the preparation of the strategy-paper which we will need to achieve further funding. Cheers Christoph

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Meeting with MInistry in Den Hag on 19 September
by Christoph Then 01 Sep '22

01 Sep '22

dear all we received an invitation for a meeting with the ministry in Den Hag / NL on 19 September in the afternoon. who would be interested to join? it might be online, or physical, not yet decided. Cheers Christoph

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Fwd: [New-gm-eur] Genesprout conference on patents and plants
by Christoph Then 31 Aug '22

31 Aug '22

fyi Dear all, In the new docs from the EC on genome editing, there is this information on a conference held in June organised by Genesprout on patents. Here is the full conference: https://www.youtube.com/watch?v=-RH63L0A5Fw I haven't watched the whole, but should be informative about how our opponents think they will address the issue of patents and New GM. See also this tweet highlighting the importance of patents in the NGT debate: https://www.youtube.com/watch?v=-RH63L0A5Fw Best, Nina

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Genesprout conference on patents and plants
by Nina Holland 31 Aug '22

31 Aug '22

Dear all, I hope you are doing well and had a good summer. In new docs from the EC on genome editing, there is this information on a conference held in June organised by Genesprout on patents. Here is the full conference: https://www.youtube.com/watch?v=-RH63L0A5Fw I haven't watched the whole, but should be informative about how our opponents think they will address the issue of patents and New GM. See also this tweet highlighting the importance of patents in the NGT debate: https://www.youtube.com/watch?v=-RH63L0A5Fw Best, Nina -------- Doorgestuurd bericht -------- Onderwerp: [Re] GESTDEM 2022/4074 - Initial request - Ares(2022)5593101 Datum: Fri, 5 Aug 2022 08:51:02 +0200 Van: SG UNITE D-2 <sg-unite-d-2(a)ec.europa.eu> Aan: HOLLAND Nina (CORPORATE EUROPE OBSERVATORY) <nina.holland(a)corporateeurope.org> Dear Mrs Holland We invite you to acknowledge receipt of this email within 5 working days. Best Regards SG.D2

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Grant renewal
by Johanna Eckhardt 15 Aug '22

15 Aug '22

Dear all, good news: We have been accepted to apply for a grant renewal at Salvia for 3 years! We have to submit the final application until 9 September. Christoph will prepare a draft. The Salvia board will examine the application in November. 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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EPO meeting
by Johanna Eckhardt 03 Aug '22

03 Aug '22

Dear all, following our meeting with the EPO on 5 July, they published an interesting short statement on 8 July highlighting a regular exchange with NGOs. Best, Johanna --- EPO provides insights into plant patenting practices A delegation of European Patent Office (EPO) led by Vice-President for International and Legal Affairs, Christoph Ernst, recently held two meetings with representatives of the EuroSeeds Association and of the No Patents On Seeds coalition to discuss the Office's practice in the field of plant-related inventions and the laws that govern it. Following a rule change on 1 July 2017, the EPO has adapted its patenting practice and does not grant patents for animals, plants or plant parts obtained exclusively by means of essentially biological processes. In 2020, the EPO's highest judicial authority, the Enlarged Board of Appeal, stated that this new rule cannot have a retroactive effect for applications filed before or oppositions on patents granted before its entry into force, i.e. 1 July 2017. In line with the Board's opinion, the EPO continues to grant patents for European patent applications filed before 1 July 2017 relating to animals, plants and plant parts obtained exclusively by essentially biological processes. For applications filed after 1 July 2017, the EPO will either refuse patents on such living matter obtained by essentially biological methods; or will ensure with a "disclaimer" that the protected subject-matter does not extend to plants obtained by essentially biological processes. The EPO's law and practice are also in line with the EU Directive 98/44/EC on the Legal Protection of Biotechnological Inventions that was taken over into the EPC in 1999. Both the EPC and the Directive stipulate that plants produced by technical methods such as genetic engineering are patentable. Beyond information provided to its member states and EU bodies such as the European Commission and the Community Plant Variety Office, the EPO regularly holds exchanges with stakeholder groups such as NGOs and representatives of the plant breeding sector. As an international public service organisation, the EPO is committed to an open, constructive dialogue with patent system users and to sharing information on its work with all interested parties." https://www.epo.org/news-events/news/2022/20220708.html?mtm_campaign=epo-new sletter <https://www.epo.org/news-events/news/2022/20220708.html?mtm_campaign=epo-ne wsletter&mtm_source=EPO&mtm_keyword=epo-newsletter-14&mtm_medium=newsletter& mtm_content=general&mtm_group=email> &mtm_source=EPO&mtm_keyword=epo-newsletter-14&mtm_medium=newsletter&mtm_cont ent=general&mtm_group=email 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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EU Webinar patents, 8 September
by Johanna Eckhardt 02 Aug '22

02 Aug '22

Dear all, Katherine just forwarded me an info about an interesting EU webinar: "CPVO Coop: The interface between plant variety rights and patents". I'll try to attend. https://intellectual-property-helpdesk.ec.europa.eu/news-events/events/eu-we binar-cpvo-coop-interface-between-plant-variety-rights-and-patents-2022-09-0 8_en What is the most suitable intellectual property protection for an herbicide-resistant pepper? Plant variety rights and patents may both appear as suitable mechanisms at first sight, but they have a different scope of protection and application. This webinar will focus on the notion and interface between these intellectual property rights, in accordance with the interpretation of the EPO Enlarged Board of Appeal. The speaker will explain the exception to patentability of essentially biological processes and plant varieties, as enshrined in Article 53(b) EPC. In this context, the main milestones in the case law history of the European Patent Office (EPO) concerning the cited exception will be mentioned, with a focus on the latest Opinion G 3/19 of the Enlarged Board of Appeal of the EPO. Learning objectives: . Introduction to the Community (EU) Plant Variety Rights system, and to the European Patent system . Subject matter of protection of a plant variety right and of a patent. . The exception to patentability of essentially biological processes and of plant varieties . Case law saga of the EPO on Article 53(b) EPC, with a focus on Opinion G 3/19 of the Enlarged Board of Appeal of the EPO 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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