Dear Christoph

Thanks for the first input.

Would be great, if you could also share some thoughts about speakers (from our side – including you) on all the mentioned topics – including the one you added.

Thanks

François

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.

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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