Dear all,

in preparation of tomorrow's conference call (agenda point 3.4. Report 2021, Opportunity to comment) I am forwarding you the answer we received from BASF.

Best,

Johanna

Johanna ECKHARDT

Project Coordination

Tel. +43 680 21 26 343

mailto:johanna.eckhardt@no-patents-on-seeds.org johanna.eckhardt@no-patents-on-seeds.org

NO PATENTS ON SEEDS!

http://www.no-patents-on-seeds.org/ www.no-patents-on-seeds.org

http://www.facebook.com/nopatentsonseeds www.facebook.com/nopatentsonseeds

http://www.twitter.com/nopatentsonseed www.twitter.com/nopatentsonseed

From: Peter Ogg [mailto:peter.ogg@vegetableseeds.basf.com] Sent: Monday, March 8, 2021 4:16 PM To: 'Johanna Eckhardt no-patents-seeds.org' johanna.eckhardt@no-patents-on-seeds.org Cc: 'Christoph Then' info@no-patents-on-seeds.org Subject: RE: [EXT]: Opportunity to comment, Report No patents on seeds!

Dear Mrs. Eckhardt, Dear Johanna,

Thank you for providing me with the excerpt of the draft report, and the opportunity to comment on it.

Whilst we take note of its content and appreciate the advance notice of its publication, it will come as no surprise that we do not subscribe to the opinions and views expressed in the excerpt. But rather than commenting on our differences of opinion in detail, I hereby kindly express our view on the patentability of plant traits in general.

Every year we invest many millions of Euros in research and development of new plant-based innovations in order to create better varieties that will help to sustainably feed an ever growing population. Plant-based innovations (including the cultivation of wild disease resistance traits) support more sustainable agriculture through offering higher yields and by saving resources. Such innovations are supported by the protection offered by Intellectual Property Rights.

Patents help to maintain an incentive for investment in innovation, allowing for a broader diversity in plants to be developed to meet various agricultural demands today and in the future. We strongly support that patent protection be awarded for plant-based innovations that meet the criteria of novelty, inventiveness and industrial applicability. Patents are limited both in duration and in jurisdiction and are the primary reason for companies to publish the results of their research as a patent application. This ensures that research results are publicly available for all universities, startups and other competitors (large and small) to be used as a source of inspiration and as a breeding ground for further innovation. This ensures more efficient (co-)development with an increasing speed of innovation. If Intellectual Property Rights on plant based innovations would not be available, companies are much more likely to keep their research efforts secret, leading to inefficient, simultaneous development and waisted resources and this puts small companies and startups at a disadvantage.

We furthermore wish to note that our Vegetable Seeds Business is a member of the International Licensing Platform (www.ilp-vegetable.org http://www.ilp-vegetable.org ) under which we are committed to grant licenses to any fellow members in respect of all our trait-patents. This ensures that our innovations are available for further breeding and is in line with our mission to make healthy eating more sustainable and enjoyable.

Should you have any further questions or concerns, please do not hesitate to contact us. Finally, I also sincerely appreciate the invitation for an opportunity to exchange views in an informal conversation and I would be more than happy to schedule a virtual meeting should you indeed wish to have a conversation on the topic.

Best regards,

Peter Ogg Team Lead Intellectual Property Senior Legal Counsel R&D / Attorney-at-Law

Phone: +31 475 599 665 Mobile: +31 6 14 62 29 84 Email: mailto:peter.ogg@vegetableseeds.basf.com peter.ogg@vegetableseeds.basf.com

Napoleonsweg 152, 6083AB Nunhem, The Netherlands

www.nunhems.com http://www.nunhems.com

From: Johanna Eckhardt no-patents-seeds.org <johanna.eckhardt@no-patents-on-seeds.org mailto:johanna.eckhardt@no-patents-on-seeds.org > Sent: Friday, February 26, 2021 4:23 PM To: Peter Ogg <peter.ogg@vegetableseeds.basf.com mailto:peter.ogg@vegetableseeds.basf.com > Cc: 'Christoph Then' <info@no-patents-on-seeds.org mailto:info@no-patents-on-seeds.org > Subject: [EXT]: Opportunity to comment, Report No patents on seeds!

Dear Mr. Ogg,

I am contacting you on behalf of NO PATENTS ON SEEDS!, a coalition of European organisations working for clear regulations in European patent law to exclude conventional breeding from patentability.

We are planning to publish a report analysing patent applications on food plants in 2020. The report targets the current legal situation at the European Patent Office and includes several examples of patent applications made by companies. Your company features in this report and we would appreciate your feedback on the factual correctness of the relevant paragraphs (attached) before publication. Please come back to us until 5 March 2021.

Please note that this document is not public and is a draft for internal use only.

We would very much welcome an exchange of views or any additional information you would like to share with us as well after that deadline.

If you have any questions, please do not hesitate to contact me.

Best regards,

Johanna Eckhardt

Johanna ECKHARDT

Project Coordination

Tel. +43 680 21 26 343

mailto:johanna.eckhardt@no-patents-on-seeds.org johanna.eckhardt@no-patents-on-seeds.org

NO PATENTS ON SEEDS!

http://www.no-patents-on-seeds.org/ www.no-patents-on-seeds.org

http://www.facebook.com/nopatentsonseeds www.facebook.com/nopatentsonseeds

http://www.twitter.com/nopatentsonseed www.twitter.com/nopatentsonseed