Dear Katherine
thanks a lot. I would like to have a meeting with the Austrian ministry. I do not get clear picture about their position on our proposal and what they expect from us and what they would be ready to do.
I would like to discuss with them directly to explain the strategy an see how the react during discussion. This would be necessary to test and improve our arguments.
Do you think that might be possible?
on the UPC: My idea was that the Austrian government approaches the German government to explain their concerns. It is clear that Austria can not re-open the debate by themselves.
Thanks!
Christoph
Am 05.06.20 um 11:58 schrieb Johanna Eckhardt no-patents-seeds.org:
As far as I know we haven’t been in contact with FFII. – And the EPO follows them on Twitter – unfortunately not us though ;-)
*Johanna ECKHARDT*
Project Coordination
Tel. +43 680 21 26 343
johanna.eckhardt@no-patents-on-seeds.org mailto:johanna.eckhardt@no-patents-on-seeds.org
*NO PATENTS ON SEEDS!*
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*From:*Npos_2018 [mailto:npos_2018-bounces@testbiotech.de] *On Behalf Of *ARCHE NOAH Katherine Dolan *Sent:* Friday, June 5, 2020 11:00 AM *To:* npos_2018@testbiotech.de *Subject:* Re: [Npos_2018] Update Austria
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 mailto: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 https://www.ots.at/presseaussendung/OTS_20200516_OTS0001/keine-patente-auf-leben-klimaschutzministerin-gewessler-begruesst-fortschritt 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
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