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Summary
On 29 May
1998 an audience of core specialists in patenting and
animal breeding discussed the new EU patent directive
at the EC/FAIP patent workshop. The workshop took place
at the Royal Veterinary and Agricultural University
in Copenhagen, Denmark.
The workshop
consisted of three parts. In the morning, core legal
experts and a representative of the EP Legal Affairs
Committee have addressed the implications and impact
of the new patent directive for farm animal production
in Europe. After lunch, the experience with patents
of industry and research were addressed. During the
discussions several questions were highlighted and sometimes
clarified, especially in the so-called 'grey areas'
of the directive. It was identified that the implementation
of the directive in national legislations needs careful
attention.
According
to Mr. Armin Machmer, who represented the EP rapporteur
of the legal affairs committee Mr. Willi Rothley, the
decision to allow the harmonisation and clarification
of the patent directive in Europe is important to saveguard
Europe’s competitiveness. Dr. Nick Scott-Ram (BIA,
UK) addressed a grey area in the directive, the inconsistency
in applicability: traditional crossing of whole genomes
cannot be patented, while transgenic organisms can.
Ms. Lisbet Dyerberg (Patentdirektoratet, DK) pointed
out the measurements that have to be taken within two
years in order to implement the directive at the national
level. Dr. Hans-Rainer Jaenichen (Vossius&Partner,
Germany) clarified the procedure of a patent application,
including the time and costs involved.
According
to Dr. François Chrétien (Rhône
Poulenc Agro, F), explaining practice with patents and
plant breeders’ rights, the EU patent directive
combined with registrations may offer sufficient protection
for animal varieties. What patenting means for a company
was made clear by Mr. Ed Kenney (Innovations Foundation,
Canada), the patent on a stress gene test for pigs being
a successful product of his firm. Dr. Harry Griffin
(Roslin Institute, UK), putting forward Roslin’s
experience in animal biotechnology: ‘Timely filing
for patent protection and an appropriate vehicle for
taking an invention to commercial reality is equally
important.’ The ethical aspects were highlighted
by Professor Peter Sandøe (Veterinary and Agricultural
University, DK). He called upon the audience to guard
against the effect of commercial protection of biotechnological
inventions on the free exchange of ideas between scientists.
FAIP chairman
Dr. Jan Merks (IPG, NL): ’ The patent directive
is a first step. It involves both the farmer’s
privilege and the right of research and industry to
protect inventions. However, for farm animal production
in Europe it will be crucial that the incorporation
of the directive into national law will be executed
carefully.’ Article 11 leaves the implementation
of the farmer’s privilege for farm animals to national
laws, regulations and practices. Patented animals or
animal reproductive material should be available for
farming purposes, but not for sale or for the purpose
of a commercial activity by the farmers.
FAIP calls
upon national governments to work out this intention
carefully and harmonize at European level in order to
keep breeding research in Europe. Europe is on the forefront
in world farm animal breeding. Keeping this competitive
position means being able to influence the composition
of breeding stock in the future. For this, precompetitive
research and the protection of research results will
be essential.
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