Hello,
In the Netherlands, the Dutch agri ministry is undertaking a survey among 'stakeholders' to see how to get New GM accepted for 'agro-ecology'.
See below how he interpretes the situation regarding patents. He thinks NGT crops will not get patented as they would be "essentially biological".
He is a junior guy at the ministry and he's probably just misinformed.
I don't know if you addressed this issue when you had the meeting with the Duthc ministry. If so, what was their understanding?
-------- Oorspronkelijke bericht -------- Onderwerp: RE: Update on NGTs Datum: 2022-10-18 15:58 Afzender: Heijdens, C.A. (Cédric) c.a.heijdens@minlnv.nl Ontvanger: "'tobia@aseed.net'" tobia@aseed.net
Hi Tobia,
Here is the article from the UPOV convention that contains the farmers exemption (Article 15.2) which is applicable in the EU.
Regarding patenting the idea of the new legislation is that the NGT crops will not be GMOs, *since they are equivalent to conventionally bred** **varieties. I assumed that this means they cannot be patented because** **they could be made by an essentially biological process.* Otherwise a breeder who does use biological processes could start to infringe a patent, avoiding this was the whole point of this exception, but now I am not completely sure anymore if this is the way they interpretate it. Anyway the patenting of genes for use in a crossable species is not possible according to the EPO.
I have told my colleague at the ministry of infrastructure who does the stakeholder management that you would be open to discuss the topic. For upcoming stakeholder events we will contact you, but I do not know when that will be the case.
Yes you can share my email with them, I am looking forward to reading their positions!
Kind regards,
Cedric
Van: tobia@aseed.net tobia@aseed.net Verzonden: dinsdag 18 oktober 2022 15:17 Aan: Heijdens, C.A. (Cédric) c.a.heijdens@minlnv.nl Onderwerp: Re: Update on NGTs
Hi Cédric
Thanks again. A couple of requests for further detail to make things clear. Any news on a ministry visit?
For the EPO is this the evidence you refer to this?
The Enlarged Board of Appeal of the European Patent Office adopted a dynamic interpretation of the exception to patentability under Article 53(b) of the European Patent Convention (EPC) and held that the non-patentability of essentially biological processes for the production of plants or animals also extends to plant or animal products that are exclusively obtained by means of an essentially biological process.
Are you saying that all NGTs are being classified as essentially biological processes and therefore and plant/animal products made by these techniques cannot be patented?
Secondly, we have not been able to find on the link that you shared with us, on plant breeders rights, the legislated exemption of small-scale farmers to have free access to seeds and the rights to reproduce, re-use, multiply and even sell.
Finally, the master students have submitted the essays on their position on whether seed made from NGTs should be legislated/regulated as GMOs. Can I give the OK to share your e-mail with them and e-mail their positions? This would be empowering for them! There's also a real mix of positions not aligning 100% with ours.
Best wishes,
Tobia
H