KWS: patents to control “native traits”
Since 2022, the German seed company KWS has been developing a range of patent licences covering “native traits”. Presented as a means of “promoting innovation in plant breeding”, this strategy illustrates how patents can be used to control the use of these “native traits”, even though they are already present in biodiversity. This approach by the German seed company, which is also known for its aggressive policy of defending its intellectual property, also highlights the current limitations of European patent law.
EPO throws cold water on opposition to KWS patent
On 15 October 2024, the European Patent Office (EPO) upheld KWS’s patent for cold-resistant maize. This decision is likely to raise serious concerns among European seed breeders, who may now feel threatened in their breeding work. The patent covers maize plants containing a naturally occurring genetic sequence, which restricts the freedom of breeders to develop new varieties. The “oral proceedings”, which took place before the EPO Opposition Division and which Inf’OGM attended by video-conference, gave rise to some unusual and revealing exchanges. This case shows once again that patents can indeed be tools for appropriating seeds developed by farmers and/or breeders.
De Bolster: another Dutch SME under patent threat
In April 2024, Inf’OGM reported on its interview with a Dutch seed company feeling threatened by KWS patents. This is not an isolated case since De Bolster, another Dutch seed company, has had to apply constant legal vigilance for several years to prevent its varietal varieties from being covered by an ever-increasing number of patent rights, otherwise its survival would be jeopardized. Frans Carree, Director of De Bolster’s Variety Development Department, answered our questions.
A Dutch seed company faces up to KWS patents
Inf’OGM interviewed a Dutch seed company that has developed a cold-resistant “organic” maize and that feels threatened by KWS patents. She tells us the story of her company Nordic Maize breeding, of her certified organic maize, of its likely future contamination by GMOs/NGTs…
Patents pose a real threat to two plant breeders
Since autumn 2023, the issue of patents has come to the fore in the debates surrounding the deregulation of GMOs. Some Member States and MEPs are concerned about the impact of agro-industry patents on the rest of the agricultural sector. History shows that the threats they represent are very real indeed. Here are two examples of seed companies whose products are targeted by such threats.