P.S: On the UPC:

I don’t see really see a way to really reopen the debate on the UPC in Austria, without a big campaign with partners from other sectors, as it is seen as ancient history (Austria was the first country to ratify the convention). It looks like it will stand and fall with Germany…

But I think we should start talking more about the UPC when we explain why plant patents are bad:

· Plant patents will automatically apply in all (UPC) countries

· Court proceedings will only be in DE/EN/FR

· Court fees will be higher(?)

· No way for national governments to improve protections for farmers and breeders – here we could refer to the improvements that are being introduced in Switzerland, once the parliamentary process is underway

Has there been any contact with this organisation? https://ffii.org/ They are very outraged about the UPC from a software point of view – and comment regularly on Johanna’s tweets J

Von: Katherine Dolan
Gesendet: Freitag, 5. Juni 2020 10:01
An: npos_2018@testbiotech.de
Betreff: Update Austria

Dear all,

We had a meeting with the Minister’s adviser yesterday (Irmi Salzer - Christoph she knows you from the LLD meeting in Graz a few years ago). A few interesting points:

The Austrian Patent Office (who did not attend the meeting but the President had briefed the adviser beforehand) had already received the NPOS letter from the EPO and analysed our demands. I am trying to get hold of the full legal analysis, but the summary was:

It would in theory be possible for the Admin Council to agree to the wording we have proposed, but it would have no legal effect. (I raised here that it would however have a political effect so it is not to be fully dismissed.) They consider there is already a consensus among the states that random mutagenesis is not a technical process (she specifically used the word technical) but the EPA handles it differently. They are also of the view that the Admin Council has no legal possibility to amend the temporal applicability of the EBA’s decision.

The Austrian position – they say it is the “most radical” of all the contracting states – remains that there should be no patents on conventional breeding and that full legal certainty can only be achieved by a chance of the European Patent Convention. (It was therefore deliberate that the Minister said this in her press release following the EBA decision.)

In terms of next steps:

1. The adviser invited us to suggest what mandate / direction the Minister should give Austrian Patent Office for the meeting on June 30^th.

2. She raised the possibility that the Minister could write to the Green Ministers with whom she has a good contact asking for their support: Sweden, Luxemburg, Finland. (Did I however remember rightly that the Scandinavians are not helpful?) Or perhaps there could be some joint initiative with  Germany?

We are reflecting now on both points but I would be grateful for any thoughts / comments.

Best

Katherine

Katherine Dolan

ARCHE NOAH Leitung Politik / Head of Policy

+43 (0)676 557 4408

----------------------------------------------------------

ARCHE NOAH – Gesellschaft für die Erhaltung der Kulturpflanzenvielfalt und ihre Entwicklung / Association for the conservation and development of crop diversity
Obere Straße 40, 3553 Schiltern
www.arche-noah.at

PS: Wir sind bei der Rettung der Vielfalt auf Sie angewiesen – jetzt spenden.

PPS: Kennen Sie schon den ARCHE NOAH Newsletter? Jetzt eine/einer von 200.000 Newsletter-AbonnentInnen werden! Gleich hier anmelden & regelmäßig über Veranstaltungen, Projekte und Aktionen informiert werden.