Patents on GMOs-NGTs : State of play and solutions to protect farmers, small breeders, and the GMO-free sector

As the proposal on GM plants obtained by new genomic techniques (NGTs) foresees to remove analytical traceability for NGTs and producted derived thereof, this will pose a series of risks related to patents. In particular, patents will pose a direct threat to :

- Farmers' rights to re-use farm-saved seeds ;

- Farmers' rights to use their own seeds, jeopardized by the risk of abusive extension of the scope of patents to native seeds ;

- Farmers' right to choose GMO-free agriculture ;

- Farmers' access to a diversity of seeds suited for their agricultural practices, as the patent model will lead to a restructuring of the seed industry and the disappearance of local small seed producers, at the benefit of large patent-holding companies ;

- Farmers' economic survival (risk of pursuit for patent infringement, increase in price of seeds, etc.)

This briefing takes stock of the state of the play of current negotiations on NGTs and patents, and of the various solutions proposed to solve this important stake for farmers and small and medium seed companies. It analyses the amendments introduced by the Parliament, Council, as well as other solutions such a the proposal to introduce a "full breeder's exemption" in patent law, or the proposal to ban patents on random mutagenesis.

In its conclusions, it details the best solution to protect farmers and small breeders from the risks related to patents: maintaining the current GMO legislation and in particular its requirements on analytical traceability (obligation to publish methods of detection and identification). At the same time, ECVC believes that certain loopholes in EU patent law should by addressed by completing the EU Directive on Biotechnological inventions (Directive 98/44/CE), as detailed in an amendment proposal.