Patent law does not apply to classical breeding. This was decided unanimously by the European member states on Monday 20 February during the Competitiveness Council in Brussels.
Breeders of fruit and vegetables must have free access to biological material in order to be able to cultivate new crop species. The EU Member States indicate that it has never been the intention to grant patents on products that are the result of an essentially biological process.
State Secretary Van Dam is satisfied with this decision: 'This outcome is of great importance for crop breeders and therefore also for the food supply. Breeders play a crucial role in food production by developing ever newer, stronger crops. Now that they have free access to biological material, we promote innovation in the breeding sector. This is also good for food security in the world'.
The problem of patent law was that plant breeders were not allowed to use protected material when developing and exploiting a new variety (without the permission of the patent holder). In addition, breeders had less access to genetic diversity, which hinders innovation in the plant breeding sector. That was not desirable, because they play an important role in the world food supply. They develop new varieties that can grow in the most diverse conditions.
The discussion on patent law started in 2012 and was intensified in 2015 when the Board of Appeal of the European Patent Office ruled that products obtained through crossing or classical breeding products were eligible for patent. At the time, State Secretary Van Dam was committed to organizing a solution at EU level. This has now been achieved by not granting patents on products of traditional breeding.
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