-------- 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