MEPs unanimously declared on Monday 16 September in Strasbourg that plants obtained by natural biological processes should not be patentable. A resolution of the European Parliament along these lines will be adopted on Thursday 19 September by Parliament (see EUROPE 12327/15).
The European Commission has supported MEPs' requests and intends to take steps to clarify the interpretation of the legislation. “The European Commission has taken steps to ensure that products derived from natural processes are not patentable”, said Elżbieta Bieńkowska, Commissioner for the Single Market and Industry. She indicated that the Commission, representing the EU, will make amicus curiae representations in the proceedings initiated by the President of the European Patent Office before the deadline of 1st October. The aim is to avoid a conflict between the European Patent Convention and the Biotechnology Directive.
After the debate, the Commissioner said she was pleased “that we are on the same position, very unanimous”. Plants obtained by natural biological processes should not be patentable, she confirm again.
Norbert Lins (EPP, Germany), the Chairman of the Committee on Agriculture, as well as MEPs from all sides, including Annie Schreijer-Pierik (EPP, Netherlands), Éric Andrieu (S&D, France), Jan Huitema (Renew Europe, Netherlands) and Martin Häusling (Greens/EFA, Germany), have called for products resulting from biological processes not to be patentable. According to them, this is a question of political ethics and an economic issue. (Original version in French by Lionel Changeur)