"Here is a translation of the article that recently appeared in the Austrian KURIER," a reader told us, having spent some time on the text whose English translation we've craved. This article (original text in German) does implicate the EPO.
andreas.anzenberger@kurier.at"
Raise your glass to the monopoly !
Patents on brewing barley have been granted in Europe. The threat of the monopolization of food production is looming.
Andreas Anzenberger 04.03.2017
The European Patent Office is working on the Americanisation of agriculture in the European Union. Three patents on varieties of malting barely have been granted to the brewery firms Carlsberg and Heineken. The patents also cover the beers produced from the barley. If one can register a patent for the breeding of new varieties of malting barley, this also applies to all commercially usable plants.
Monsanto
"For years, seed companies like Monsanto have been trying to get patents on fruit and vegetables," warns Michel Reimon, MEP for the Green Party. So far, as many as 200 patent applications for plant cultivation have been granted worldwide. Some of these have been issued by the European Patent Office, including patents on specific varieties of broccoli and tomatoes.
Taking a joint approach
On 20 February 2017 the EU Member States decided to jointly challenge patents on plants and animals. The European Patent Office is to change its existing practice of issuing patents. On this issue environmental organizations, Austrian plant breeders, political parties and the EU Commission are all in agreement: patents represent a dangerous step towards the monopolization of the supply of foodstuffs and beverages in Europe.
Opposition
Because of this several non-governmental organizations have filed an objection to the granting of the patents. "Carlsberg and Heineken are trying to expand their market power at the expense of consumers, farmers and other breweries," is the criticism of Georg Janssen, Managing Director of the Traditional Farming Association.
Patents for plant cultivation are common in the USA. The cultivation and propagation of the patented varieties is prohibited. In Europe, on the other hand, a different rule applies: It is only forbidden to grow and sell the varieties. This is called the Breeder's Privilege. However, it is permitted to use competitor's varieties for further breeding. It is therefore impossible to achieve a monopoly on such plants in the EU.
Genetic engineering
In Europe patents are available solely for genetically modified plant varieties. However, these are only cultivated to a limited extent.
The protests of the EU have so far shown no effect. The European Patent Office's self-perception was revealed by its President, Benoit Battistelli, in an interview with the German weekly newspaper Die Zeit: "If you are the director of a national Patent Office, you are obliged to report to a Ministry, to a Parliament. I manage a politically independent institution."
Battistelli's adversaries have given him the nickname "Sonnenkönig".
The KURIER made enquiries with the branch of the European Patent Office in Vienna. The answer came promptly: The EPO has no media spokesperson for the subject of patents on plants. Written questions may be submitted.