No patents on plants and animals!

I support the following demands:

• A global ban against patents on seeds and farm animals

• Political decision-makers and patent offices need to act now to make sure no patents on plants and animals derived from conventional breeding are granted. The same demand should be met for DNA sequences which are used in conventional breeding such as marker assisted breeding.

STOP ‘MONSANTOSIZING’ FOOD, SEEDS AND ANIMALS! Global alert from the No Patents on Seeds! coalition

Farmers’ organisations from around the world, breeders, UN institutions as well as development and environmental organisations have repeatedly raised major concerns about the increasing monopolisation of seeds and farm animals via patents over the last few years. The loss of independence and rising indebtedness for farmers, a reduction of plant and animal diversity, and ever higher constraints for breeding and research activities represent some of the most worrying impacts of this trend. But despite these alarming experiences so far no legal measures are in sight to stop this trend. On the contrary, a recent survey of applications filed at the World Intellectual Property Organisation (WIPO) shows that the big international seed corporations still try to push through their monopoly claims without caring about the consequences for global food security and the livelihoods of farmers around the world. This is becoming obvious by analysing the recent patent applications by the top three global seed companies, Monsanto (US), Dupont (US) and Syngenta (Switzerland).

The undersigned individuals, organisations and institutions call on governments and patent offices to stop this worrying development and to revise existing patent regulations. The patent regulations in the EU, US and in many other countries, as well as the WTO Trips Agreement, urgently need to be reviewed in order to stop the monopolisation and corporate control of the world’s genetic resources. This review should lead to a regulation that guarantees the right to food and a prohibition of patents on plants and farm animals.

The following examples show some patent applications carried to extremes¹. Many of the claims presented in these applications can only be described as ludicrous. These patents demonstrate how far we have got with existing patent regulations, which are completely deficient. In only four years, between 2005 and 2009, Monsanto filed nearly 150 patent applications on plant breeding at the WIPO. These applications show a growing tendency to claim exclusive property rights not only on genetically modified plants and animals, but also on existing biodiversity and traditional breeding. While in the years before 2005 only very few such patents were filed, more than 30% of Monsanto’s patent applications between 2005 and 2009 include conventional plant breeding. This trend can also be observed with other big seed corporations. In the same period Dupont filed about 170 patent applications in plant breeding, 25% involving conventional plant breeding. Syngenta filed about 60 applications, with 50% targeting traditional breeding. Amongst the big seed companies, Monsanto is the only one filing patent applications on farm animals too. Since 2005 about 20 patents on animal breeding have been filed by the US company.

Examples:

• In Monsanto’s patent application WO2008021413, ‘the patent of monsantosizing maize and soy’, methods are claimed that are widely used in conventional breeding. On more than 1000 pages and in 175 claims Monsanto claims various gene sequences and genetic variations, especially in soy and maize. Monsanto even goes as far as explicitly claiming all relevant maize and soy plants, inheriting those genetic elements. Furthermore, all uses in food, feed and biomass are listed. By filing specific regional applications Monsanto shows especial interest in applying for this patent in Europe, Argentina and Canada.
• In Patent application WO 2009011847, ‘the patent of monsantosizing meat and milk’, Monsanto broadly claims methods for cattle breeding, the animals, as well as “milk, cheese, butter and meat.”
• Other companies are also aggressively filing patents on genetic resources needed for feed and food production. An example is patent application WO2008087208, ‘Syngenta’s patent on maize yield', which is targeting genetic conditions in maize for grain yield. Syngenta claims the plants and even their harvest.
• Several similar patents are already granted, such as a patent on breeding in soy beans like WO 98/45448, ‘Dupont’s patent on tofu’, granted in Australia, Europe and USA, which covers soy sauce, tofu, soy milk and infant formula made from these soybeans. This patent (or patents of the same family) have also been filed for Brazil, Canada, China, Japan, Norway and New Zealand.

These kinds of patents are the backbone of a strategy for taking over global control on all levels of food production. These patents do not stifle research and innovation; they are meant to block access to genetic resources and technology and to establish new dependencies for farmers, breeders and food producers. However, resistance is growing. In 2007 farmer organisation and NGOs from all over the world created the 'no patents on seeds' global platform”. In 2008 hundreds of letters were sent to the European Patent Office (EPO) in ‘the patent on broccoli’ case, EP 1069819, which was a precedent. In 2009 thousands of farmers and citizens, many NGOs and even governmental authorities filed an opposition to the European ‘patent on pig breeding’ , EP 1651777, a patent applied for by Monsanto in 2004.

The undersigned individuals , organisations and institutions urge politicians and patent offices around the world to ensure that patents such as those mentioned above cannot and will not be granted. A radical change both in patent legislation and the practice of patent offices is needed to eliminate patents on plants and farm animals. Corporations should not be allowed to continue misappropriation and monpolisation of seeds, plants and farm animals via patent law. Otherwise these patents will become a major threat to global food security and regional food sovereignt.

This alert will be handed over to Governments and patent offices in March 2010.