GREENPEACE SETS TWELVE 'PATENTS ON LIFE' IN CEMENT AS EUROPEAN PATENT CONFERENCE IGNORES SCANDALOUS APPLICATIONS

29 November 2000

Greenpeace activists today set in cement twelve original European patent applications in protest over the fact that the diplomatic conference of the European Patent Convention (EPC) failed to reverse the ongoing illegal practice to patent living organisms and genes.

As the ten-day conference of the EPC parties was concluding behind closed doors in Munich, Greenpeace activists erected a three-meter high steel monument in front of the European Patent Office (EPO) and - despite heavy police interference - set twelve application for 'patents on life' into its cement foundations. "LIVING ORGANISMS AND THEIR GENES ARE NOT PATENTABLE," said the text in the monument.

"Greenpeace confiscated these patent applications as there is currently no other way to stop the European Patent Office (EPO) from granting patents on life - on human and animal organs and genes and on plants. The EPC conference now simply refuses to discuss patents on life or exercise its legal right and moral responsibility to stop the scandalous practice," explained Dr Christoph Then, Campaigner at Greenpeace Germany.

In June 1999, the EPO quietly took a decision to implement the controversial European Union Biotech Patents Directive (98/44/EC), which allows patents on life. The provisions of this directive are in direct conflict with those of the Patent Convention - which is not an EU instrument - and which the EPO is legally obliged to implement. (1)

"Greenpeace now calls on parliaments and governments in Europe to take action over this issue of public importance. The fact is that the EPO has overstepped its mandate given in its founding treaty - the European Patent Convention. It is unacceptable that the EPO ignores its own legal basis and the negative impacts of these patents on life," Then added.

Information collected by Greenpeace shows that during the past year, the EPO has granted several patents on seeds and plant varieties, despite the fact that the patent convention law itself prohibits such patents. There are currently several hundreds of patents on living organisms and their genes pending and about to be granted.

Notes to the editors:

(1) As the European Patent Office interprets all exemption from patentability as narrowly as possible - in other words grants patents unless they are explicitly forbidden - life is not covered by any exclusion from patenting.

Most EU countries have not yet implemented the Biotech Patent Directive (98/44/EC) into their national law despite the fact that the dead-line to do so passed last July. In October, the German government decided to initiate a re-negotiation process on EU level. The Netherlands, Italy and Norway have disputed the EU Biotech Patent Directive at the European Court of Justice.

FOR FURTHER INFORMATION PLEASE CONTACT:

For more information:
In Munich, Germany, Christoph Then, Greenpeace Genetic
Engineering Campaigner; Tel: +49-171-8780-832; Thomas
Schweiger, Greenpeace GE campaigner, Tel: +49-171-8780-
844; Michael Hopf, Press Officer, Greenpeace Germany, Tel:
+49-171-8780-835; Teresa Merilainen, Greenpeace Press
Office, Tel: +31 20 5236637.
www.greenpeace.org
Pictures available from Greenpeace Germany picture
desk, Tel: +49-40 30618377 or from Greenpeace
International, John Novis, Tel: +31-20-524 9580