Brussels, 17/12/2015 (Agence Europe) - On Thursday 17 December in Strasbourg, the European Parliament adopted by 413 votes to 86, with 28 abstentions, a resolution by the EPP, S&D, ECR and ALDE groups. This effectively calls on the European Commission to urgently clarify the scope and interpretation of the 98/44/EC directive on patents, “in order to ensure legal clarity regarding the prohibition of the patentability of products obtained from essentially biological processes, and to clarify that breeding with biological material falling under the scope of a patent is permitted.”
The EP says it is concerned that the recent decision of the Enlarged Board of Appeal of the European Patents Office (EPO) on Cases G2/12 (tomatoes) and G2/13 (broccoli) “could lead to more patents being granted by the EPO in respect of natural traits introduced into new varieties by means of essentially biological processes such as crossing and selection”. It is therefore calling on the Commission “to pursue the exclusion from patentability of essentially biological processes in the context of multilateral patent law harmonisation discussions”.
International law and directive 98/44/EC on patents prohibit the patenting of plant varieties, essentially biological processes and animal breeds. The Enlarged Board of Appeal of the EPO's broad interpretation of the law on patents, reached in its decision last March, is “a dangerous step in favour of the patenting of plants from essentially biological processes”, argues Eric Andrieu (S&D, France). In this respect, the danger is: to no longer allow for any selection of access for existing varieties and using them to create new varieties; preventing farmers from using their own seeds in harvests: only allowing a few powerful groups that are able to obtain patents and set up monopolies with exclusively commercial and financial goals. This “privatisation of life” threatens Small and Medium-Sized Enterprises, explained MEPs.
Commissioner Christos Stylianides said that he agreed with some of the concerns, which he would communicate to his colleague, El¿bieta Bieñkowska, who is responsible for the dossier. He highlighted the need to clarify the legal situation and find a “balanced and pragmatic” solution that satisfied all the different parties but “without revising” directive 98/44/EEC on the legal protection of biotech inventions. The Commission will cooperate with the Dutch Presidency of the Council to find a solution. (Original version in French by Lionel Changeur)