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The algae that live in rivers and the sea have been the focus of a great deal of attention in recent years. Whether micro, macro, green, brown, red… they are currently at the heart of an industrial development project for which the European Commission is active. These GMO algae could be deregulated if the European Commission’s July 2023 proposal were to be approved, as they will undergo genetic modification to be transformed into production facilities for pharmaceuticals, cosmetics, food and agrofuels. This article is a first dive into a world that has gone unnoticed until now.

In July 2023, the proposal to deregulate GMOs obtained using new genetic modification techniques (known as “new genomic techniques” – NGTs) highlighted a sensitive issue that is still under discussion: patents. Patents are fiercely criticised for their many negative effects on the rights of farmers and traditional seed producers, as well as on biodiversity. A report commissioned by the European Green Party addresses this issue and suggests ways out of the impasse.

In January 2025, Poland, president of the Council of Europe, put a proposal on the table of EU member states to “solve” the patent problem that had arisen in the debate on deregulating GMOs obtained by new techniques. Complex and of uncertain effectiveness, the Polish proposal has plunged everyone into doubt. Discussions on this text may therefore not be concluded before Denmark, whose government supports total deregulation of GMOs, takes over the presidency of the European Union.

For a year and a half, the Council of the European Union has been unable to reach an agreement on the deregulation of GMOs, mainly because of the problems posed by patents on those GMOs or on the techniques used to obtain them. According to Copa-Cogeca, those two issues should be dealt with separately. Its proposal is to adopt the deregulation of GMOs as quickly as possible and postpone the study of the problem posed by patents. Even if it means forgetting that farmers are indeed affected by patents.

At a time when the European Union is preparing new regulations on seeds, a look at the meetings between MEPs and the various stakeholders indirectly shows the weight of the multinationals in these procedures. This raises questions about the imbalance in the representation of these parties and the potential consequences for small seed companies, farmers and peasants.

Can biological diversity escape any risk of biopiracy when part of it is digitised in computers? The answer depends on ongoing negotiations within international bodies. In the meantime, an international project to sequence the genome of all known eukaryotic species is making progress. Financed indirectly by players in the IT and artificial intelligence fields, this project even hopes to be able to bypass certain rules thanks to more powerful working tools.

The Svalbard Global Seed Vault (Svalbard, Norway), often nicknamed the “seed vault”, plays a special role in preserving genetic biodiversity. Its main mission, focused on the long-term conservation of seed samples, is officially to preserve the diversity of plant genetic resources and ensure their accessibility in the event of disasters. However, a closer look at how it works reveals the considerable influence and interests of pro-GMO players in its governance. Who will really benefit from Svalbard, the multinationals or the farmers?

Mon810 maize is the only transgenic GM plant authorized for commercial cultivation in the European Union. This authorization was initially granted, via France, almost 30 years ago, in 1998, for an initial period of 10 years. A renewal application was submitted in 2007. Since then, no decision has been taken by the European authorities. How this maize, which authorization theoretically expired in 2008, can still be grown legally in Europe? Simply because European law accepts that, as long as the European Commission has not responded to a request for renewal, the initial authorization remains valid. To date, it’s been 15 years that the Commission fails to respond to Bayer/Monsanto’s request.

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.