Fleuroselect Breeders’ Conference a neutral floor for the Plant Patents versus Plant Breeders’ Rights debate

In November 2009 in Ratingen, Germany, the Fleuroselect organisation hosted its 6th Breeders' Conference bringing together 40 scientists, lawyers and members of the ornamental plants industry to identify the practical issues of plant intellectual property protection. The conference aimed at highlighting some of the potential conflicts in intellectual property management between plant patents and plant breeders’ rights in the ornamental plants industry.

Dr. Jürg Bilang, Examiner, European Patent Office Munich and Mr. Matthew Kramer, Corporate Research Director at the Ball Horticultural Company presented an overview of the legal framework of Plant gene patents in Europe and the USA while Dr. Rolf Jördens, Vice Secretary-General UPOV identified possible conflicts between Plant Gene Patents & Breeders' Exemption under The UPOV Convention. Practical approaches in industry with examples where either breeder’s exemption prevails, as stated by Plantum organisation in a recent paper, or where Plant gene patents overcome PBRs, as defended by CropLife in another position paper, were supported by Ms. Marian Suelmann, Company Laywer/Head Legal Department Rijk Zwaan  and Dr. Ralf Badur, European Patent Attorney at Syngenta International AG. Dr. Michel Ebskamp of Genetwister whose mission is to improve quality through accessible biotechnology identified some of the current challenges and proposed possible solutions and Mr. Christoph Herrlinger, Legal Advisor of the Bundesverband Deutscher Pflanzenzüchter (German Plant Breeders' Association), explained the recent legal changes affecting Plant Patents in Germany.

A panel discussion moderated by Dr. Matthias Redlefsen of Benary, Fleuroselect Board member, provided a fruitful exchange of ideas on the hot issues concluding that plant patents will continue to increase and can potentially become too expensive for small breeders. Infringement cases however might be solved by negotiations. A strong link was identified between innovation and intellectual property, but the real necessity of patents to secure a reasonable return on breeding investment remains open. In reviewing patent law it was positive to note that opposition to patents is possible even informally, which can help increase the solidity of patents, however, education  should be multi-directional since examiners need to have a better understanding of modern breeding techniques.

All attendants, especially those coming from small breeding companies benefited from this conference. Mr. David Kerley of Kerley & Co. U.K. a family business with just three members working full-time is the breeder of Tumbelina double Petunias and Belarina double Primulas, and a long-time member of the Fleuroselect organisation. He was motivated to attend the conference as he knew very little about gene patents and what they meant for his business and wanted to find out more about the implications for his company's breeding work.  He was very impressed by the quality of the speakers and the information they gave, the frank questions from the audience and ensuing lively discussions which served to enhance his understanding of the subject.  He left the conference with a clearer view of how he would need to work in the future, still with many possibilities for breeding novel plants, and with an expectation that Fleuroselect would take an active role to help its members in this area.

The full version of this Press Release can be downloaded here.

For further details please contact Fleuroselect at info@fleuroselect.com