Dear François,
That’s great to hear!
My first quick ideas for the conference would be:
- On content, in addition to the already great cornerstones: I agree with Christoph that a general exploration of the (limited) breeders privilege in patent law would be great. Some breeders as well as senior officials(!) here in Austria thought that since the UPC there is a full breeders exemption for all patents (they didn’t even know that the old system will still exist).
Additional idea, if we find someone great to give an input about it: Impacts on farmers, maybe also on farm-based breeding (and an input from AbL maybe)?
- On speakers: I think the President of the Austrian patent office, Stefan Harasek, is great in explaining the Austrian law, and the compromises and discussions around it. But unfortunately, he is quite unaware of the discussion on NGTs so if it ends up to be an e.g. mixed panel we would have to make sure to get a meeting with him and his team before.
For breeders, I really liked Frans Caree from De Bolsters during the EP conference last year (especially him saying very clearly that they and other breeders will disappear if nothing changes), or Grietje Raaphorst.
For the dynamics of the discussion, I think it would be good, if the NPOS position is not the most “radical” one, maybe we can find someone (the farmer’s voice), who also demands a full stop on all patents on plants, so the short-term NPOS position is not the opposite of the one saying “there are no problems” (like it happened in the German conference 2 or 3 years ago), but rather a compromise one?
Best, Dagmar
Von: Npos_2018 npos_2018-bounces@lists.testbiotech.de Im Auftrag von Christoph Then Gesendet: Sonntag, 2. Juni 2024 15:27 An: npos_2018@testbiotech.de Betreff: Re: [Npos_2018] potential conference on plant patents
Dear Francois
very good!
this sounds rather interesting. It will be a hard job to to get our message through if the Swiss patent office and the EPO unite for a conference - but surely an interesting challenge. If you are going to represent NPoS in the conference, we may establish a joint checklist so no important issue gets lost.
For the moment it looks like most of the issues are listed.
However, if the breeders privilege is only mentioned in the context of NGTs should be reconsidered. To me, this an a problem also under Article 28 (2) or more generally an issue of Art. 53 (b) (conventionally bred varieties).
If possible, I suggest to add a topic: What are the criteria for distinguishing technical inventions that are allowed to be patented under Rule 27 (b) (as an exemption of the prohibitions under Art. 53 (b)). This issue is now in the focus of our most recent legal arguments.
looking forward to hear more about the project!
Christoph
Am 29.05.24 um 10:55 schrieb Francois Meienberg: Dear All
As a follow-up to the petition we delivered to our government a while ago, we are working with our patent office on the idea of a conference – to discuss the relevant issues regarding patents on plants.
The idea as it stands now, is the following: We are doing the conference back-to-back with a meeting of the Patent Law Committee at the EPO in Munich. Target date between 17 and 28 February 2025 (the date of the Patent Law Committee in February is not yet fixed), approx. 4 hours (or more?). Physical and virtual participation possible. Target audience: EPO delegates, EU and national politicians, breeders, NGOs. Our patent office will check with the EPO. We would like to have a first draft of the program by Mid-July and we see following cornerstones : Implementation/circumvention/the limits of Rule 28b (random mutagenesis, patents on gene sequences, overarching NGT/gentech patents, opportunities and limits of the disclaimer. Further possible measures at national level (freedom to operate à la Austria, simplification of cross and compulsory licences) Transparency: What Pinto can and cannot do; alternative strategies (CH proposal, discussion in the context of seed law revision in the EU) Patents and NGT: The end of the breeder's privilege? - Possibilities to limit negative effects on breeders' access, possible solutions.
1. If you have any ideas, wishes etc. what should be discussed, presented, etc and if you have any proposals about potential speakers please share them with me by June 10th.
Thanks and best wishes François
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