[Ngo-sanrm] Monsanto patent on non-GM tomato fraudulent, says group

Sustainable Agriculture and Natural Resources Management Working Group ngo-sanrm at ngocentre.org.vn
Tue Jun 3 01:35:58 BST 2014


GMWATCH DAILY NEWS
 Monsanto patent on non-GM tomato fraudulent, says group

A Monsanto patent on a non-GM disease-resistant tomato is fraudulent
because it implies the tomato is GM when it is not, says the No Patents On
Seeds group.

EXCERPT: It was already known that these plants had the desired resistance
and they were simply crossed with other tomato plants. Monsanto then
produced a cleverly worded patent in order to create the impression that
genetic engineering had been used to produce the tomatoes and to make it
look 'inventive'.

*Opposition against European patent on tomatoes*
Monsanto patent based on "fraud and abuse of patent law"
No Patents On Seeds, 30 May 2014
http://www.no-patents-on-seeds.org/en/information/news/opposition-against-european-patent-tomatoes
<http://gmwatch.us6.list-manage1.com/track/click?u=29cbc7e6c21e0a8fd2a82aeb8&id=f6fe257b2f&e=416efb9114>

Representatives of the international coalition No Patents on Seeds! from
France, Germany and Spain have filed an opposition against a European
patent held by Monsanto on conventionally bred tomatoes (EP1812575). The
patent claims tomatoes with a natural resistance to a fungal disease called
botrytis. The original tomatoes used for this patent came from the
international gene bank in Gatersleben, Germany. It was already known that
these plants had the desired resistance and they were simply crossed with
other tomato plants. Monsanto then produced a cleverly worded patent in
order to create the impression that genetic engineering had been used to
produce the tomatoes and to make it look 'inventive'.

"Because crossing tomatoes is not patentable, Monsanto deliberately
rephrased the patent during the period of examination to make it appear as
if genetic engineering was involved. However, careful reading of the patent
shows that this is simply fraudulent. These tomatoes were not produced by
transferring isolated DNA. The European Patent Office should have picked up
on this," says Christoph Then for No Patents on Seeds! "This patent shows
just how easy it is for companies like Monsanto to avoid existing
prohibitions in patent law."

According to patent law, "essentially biological processes for the
production of plants and animals" are excluded from patentability. On the
other hand, the European Patent Office routinely grants patents on
genetically engineered plants. Monsanto already holds several hundred of
these controversial patents. However, in this case, the tomatoes were
derived from normal crossing, as described in the patent. Furthermore, it
is very unlikely that such tomatoes can be created by genetic engineering
because resistance to botrytis seems to be based on the combinatorial
effects of several genes within the genome of the tomatoes. The relevant
gene sequences are not known in detail. Thus, a desired gene combination
can be achieved by crossing whole genomes, but not by transferring single
isolated DNA sequences.

The opponents have also accused Monsanto of biopiracy: The original
tomatoes came from an international gene bank in Germany that is supposed
to safeguard the seeds for the common good in further plant breeding to
ensure world food security. "Taking seeds from international gene banks for
filing patents on genetic resources and their native traits is nothing less
than theft, biopiracy and abuse of patent law", says Francois Meienberg for
Berne Declaration. "Patents on genetic resources stored in international
seed banks have huge implications for availability to farmers and other
breeders and can substantially hamper or even block access to plants needed
for further breeding."

The international coalition of No Patents on Seeds! is organising the
opposition. Part of the coalition are Bionext (Netherlands), The Berne
Declaration (Switzerland), GeneWatch (UK), Greenpeace, Misereor (Germany),
Development Fund (Norway), No Patents on Life
(Germany), Red de Semillas (Spain), Rete Semi Rurali (Italy), Reseau
Semences Paysannes (France) and Swissaid (Switzerland). The organisations
behind the No Patents on Seeds! coalition are concerned that such patents
will foster further market concentration, making farmers and other
stakeholders of the food supply chain more and more dependent on just a few
big international companies and ultimately reduce consumer choice. No
Patents on Seeds! is calling for a revision of European Patent Law to
exclude breeding material, plants and animals and food derived thereof from
patentability. The coalition is supported by several hundred other
organisations.

Contacts:
Christoph Then, Tel 0049 151 54638040, info at no-patents-on-seeds.org
François Meienberg, Erklärung von Bern, food at evb.ch, 0041 44277 7004


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