- Npos_2018 - lists.testbiotech.de

Question about PR: Heineken co-withdraws patent?
by ARCHE NOAH Dagmar Urban 03 Nov '21

03 Nov '21

Hi all, Short but important question: I checked the patent again and it seems to belong to both Heineken and Carlsberg. https://register.epo.org/application?number=EP09801148 And the letter from Carlsberg says "the applicants", meaning it's both of them. Thus, is it okay, if we talk of "Heineken and Carlsberg withdraw"... in the Arche Noah press release? We have a lot of Brauunion brands, with is owned by Heineken, but no relevant Carlsberg one, so it would make the PR much more relevant here. Best, Dagmar Dagmar Urban Interimistische Bereichsleiterin Politik / Interim Head of Policy ---------------------------------------------------------- PS: Das ARCHE NOAH Bildungsprogramm 2021 ist online: www.arche-noah.at/seminare! PPS: Die Vielfalt braucht einen sicheren Platz - jetzt spenden<https://arche-noah.sicher-helfen.org/archenoah/gefrierkammer/?cf=www>. ARCHE NOAH - GESELLSCHAFT FÜR DIE ERHALTUNG DER KULTURPFLANZENVIELFALT UND IHRE ENTWICKLUNG Obere Straße 40, A-3553 Schiltern TEL.: +43 (0) 676 931 81 80 dagmar.urban(a)arche-noah.at<mailto:dagmar.urban@arche-noah.at>, www.arche-noah.at<http://www.arche-noah.at/> Schauen Sie doch mal auf unsere Webseite<http://www.arche-noah.at/>! [cid:image001.jpg@01D5C5FE.BDE05B60]

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draft media release German version revised, heading for Thursday
by Christoph Then 03 Nov '21

03 Nov '21

Dear all please see attached the German version revised with track changes. Most of them are triggered from comments made by Dagmar. I did not follow these suggestions in these details: I would not delete the CRISPR-issue (but it is shortened), I think this most relevant issue to mobilise political support and it is also nicely framed by the quote of Oxfam. Since Simon (SWISSAID) is away, I would propose to leave this topic to Oxfam in both languages (or in German to PublicEye, if interested). I also would not introduce some further explanations (as proposed by Dagmar), I think it is better reading in this version. I propose to give the first quote to Judith and wait for Erling to respond on the English version of the quote. The English version to follow soon, but I wanted to let you know the current stage of the work. Cheers Christoph

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revised English version
by Christoph Then 02 Nov '21

02 Nov '21

for explanation see the other mail with the German version. I will send this version to English editing. Comments still possible.

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Picture for press release
by Johanna Eckhardt no-patents-seeds.org 02 Nov '21

02 Nov '21

... following Christoph's idea to use the photos of the last activity in front of the EPO, a new proposal for a picture for the PR. 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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Update next steps / Doodle conference call
by Johanna Eckhardt no-patents-seeds.org 02 Nov '21

02 Nov '21

Dear all, following our call on the next steps of the campaign, please find an update below. Please come back to us if you have any comments or questions. Thursday, 4 Nov.: - Send out Carlsberg press release - Write Carlsberg. Ask them why they revoked the patent, if they are going to revoke all their beer patents, if they are going to refrain filing for patents on essentially biological breeding in the future. Ask them to come back to us until Tuesday, 9 Nov. Wednesday, 10 Nov.: - WeMove will most probably publish their videos on the Carlsberg patents Thursday, 25 Nov.: - Start of the petition by NPOS and ARCHE NOAH, press release Wednesday, 29 June - Meeting of Administrative Council / end of petition Umweltinstitut & Gen-ethisches Netzwerk will join the petition at the beginning of next year / in spring. WeMove may run the petition 1-2 weeks before the end, maybe push the petition as well this year, depending on the developments with Carlsberg. BUND will join, too. If you have a good idea for a visual that we could use for the petition, please let me know! :-) We'd like to have another general conference call before the start of the petition, focusing on the campaign work, but as well discussing other issues. Please fill out the doodle until the end of the week (Sunday evening): https://doodle.com/poll/3bi7h38cwpx7a9gz?utm_source=poll <https://doodle.com/poll/3bi7h38cwpx7a9gz?utm_source=poll&utm_medium=link> &utm_medium=link 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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text of the petition revised
by Christoph Then 02 Nov '21

02 Nov '21

Dear all after reading the comments from Francois and in preparation for the zoom conference tomorrow, I felt the need to amend the text. Thanks for sending these comments, they help to sort out open questions! I answered to the comments (see additional text attached) and agree that we should be more precise on the disclaimer. Since the petition is not only dealing with examples such as the barley, our concerns about CRISPR patents may need some refinement. See revised versions. I think it is not necessary to explicitly mention the word 'disclaimer', because within the petition, there might not be enough room to explain it. However, as discussed in our last zoom conference, there might be additional texts needed for explaining the petition. We could consider to explain the disclaimer in there. I hope this helps, cheers Christoph

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second version of the petition in German and English
by Christoph Then 01 Nov '21

01 Nov '21

Dear all please see the slightly revised version of the petition - now also in English. I will not work again on the text again before we had our zoom conference Tuesday next week. So this is the version we can discuss during the meeting and then take further decisions. Cheers Christoph

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! erster Entwurf der Meldung zu Carlsberg (sorry text in German) & plan for release next week
by Christoph Then 29 Oct '21

29 Oct '21

Dear all please send a first round of comments till evening today (sorry this is only in German, but English will follow). I guess we should publish mid of next week, informing WeMove, the brewers, the breeder and maybe selected journalists. But before contacting others we would need a deadline for the embargo. Maybe Wednesday 9 a.m.? There also was a question from Judith on the reasons why Carlsberg takes this step - we only can guess (see text of the release) There was the idea from Dagmar how to go on with our public communication on barley and beer if we loose - I think we should first wait for further reaction from Carlsberg. We should better know their position. Maybe Erling should give them a call? Cheers Christoph

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Document from the EPO
by Christoph Then 29 Oct '21

29 Oct '21

dear all so far I was not aware of the document from September 2020 from EPO which can be seen as a reaction to our interpretation of G1/08 and G2/07 (see attached). It argues in more detail why the EPO thinks that random mutations are regarded patentable inventions, while naturally occurring mutations have to be excluded. I think the document shows that we have to argue in more detail on irradiation and it should be taken into account in our own argumentation / oppositions / political demands on national laws. It is strange that in our talks with the EPO, this document was not mentioned (it also might have escaped my attention). We just received it now via the German brewers organisation which had a meeting with the experts from Luxembourg. As far as I can see, document does not invalidate our arguments regarding the headnote of the decision G1/08 and G2/07, as presented in the conference at the German ministry of justice (random mutations typically does not result directly in a trait, but deserves further crossing and selection), but it may weaken our position if we do not address it correctly. On the other hand, the document shows, that the EPO is well aware of the problems we raised. I would expect that also the EPO sees the need for further clarification, especially if Member States raise the demand. In addition, the document also refers to the disclaimer (we discussed). It confirms that native traits might be excluded from patentability. Very short again on this topic: Is this helpful? In the case of Carlsberg it is useless. The mutations were generated at random, but not found in native traits. More interesting: In the case of the bushy melon, the melon plant as found in the home garden, is not claimed as invention. However, further breeding without changing the decisive characteristics, turns it into an invention. Therefore, the varieties brought to the market by BASF can not be used by other breeders for developing new varieties. But the disclaimer maybe helpful, if the breeder would have access to the native trait. In conclusion, the disclaimer might bring some benefits in some cases, but does not solve the problem. If we talk about the scope of patents from New GE (CRISPR) to be extended to random mutations and conventional breeding, generally, the disclaimer solution does seem to be crucial. Anyway, currently it is not applied and its future role is vague, as it based on case by case awareness of the examiners. So sorry for these technical details. I think we should be aware off, but, at this stage, it should not take our whole attention. Much more we should try to build up more public / political pressure to move ahead the overall process. Cheers Christoph

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good news on Carlsberg
by Christoph Then 28 Oct '21

28 Oct '21

Dear all we received a letter from Carlsberg. They want their (second) patent EP2384110 to be revoked (see attachment). They also want the public hearing in June to be cancelled. I can not find similar communication on the third patent EP2575433 - so it is not yet clear whether this is the end of the Carlsberg saga. The process is not so easy: I think they can not simply ask for immidiate revocation. The Board of Appeal might proceed without Carlsberg participating. So it is too early to conclude whether the hearing will take place. But anyway, this is some success, it also might be that the other brewing companies put pressure on Carlsberg. so let us prepare for some media release while also informing the breweries. maybe just keep this internal for a moment, so we can prepare the next steps after some more consideration. Cheers Christoph

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