12 July 1995

Doc. 7351

MOTION FOR A RECOMMENDATION

on patent rights for biological inventions

for use in the agro-food sector

presented by Mr SCHEER, Germany, SOC

and others

This motion has not been discussed in the Assembly and commits only the members who have signed it

      The Assembly,

1.       Recalls its Recommendation 1213 (1993) on developments in biotechnology and the consequences for agriculture, affirming, inter alia, that biotechnology can be used to promote contrasting aims;

2.       Stresses the importance of adopting a cautious policy with regard to the granting of patents for biotechnological inventions and applications, so as to take due account of ethical considerations and environmental safety concerns;

3.       Underlines the importance of accepting the concept of "farmers' rights", as defined by the United Nations Food and Agricultural Organisation (FAO), in a resolution on this matter, adopted in November 1989;

4.       Is aware that in the United States of America patents have been granted for micro-organisms and plants and, more recently, for animals, and that many European countries and the European Union are still debating their attitude regarding patenting of biotechnological inventions;

5.       Has noted that, although the patenting of micro-organisms has not created much opposition, the patenting of seeds, plants and animals has been questioned by many on different grounds: religious, ethical, environmental but also economic and legal;

6.       Recalls that the European Convention on the unification of certain points of substantive law on patents for invention1 stipulates in Article 2 that the Contracting States shall not be bound to provide for the grant of patents in respect of: "b) plant or animal varieties or essentially biological processes for the production of plants or animals; this provision does not apply to micro-biological processes and the products thereof". This convention further states that each Contracting Party may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, temporarily reserve, for the limited period stated below, the right: "a) not to provide for the grant of patents in respect of food and pharmaceutical products, as such, or agricultural processes other than those to which paragraph (b) of Article 2 applies; the limited period referred to in this paragraph shall be ten years";

7.       Considers that it is important to note in this context that a patent gives no right whatsoever to exploit an invention;

8.       Is fully aware that intellectual property rights have played an important role in recent GATT negotiations, and is of the opinion that this subject will continue to be on the international agenda;

9.       Considers that many questions are still outstanding regarding the patentability and use of biotechnological inventions in the agro-food sector, for example, with regard to the patenting of natural biological material and the access of farmers to new seeds and animals,

10.       For these reasons, the Assembly recommends that the Committee of Ministers, in co-operation with the European Union, the European Patent Office, the OECD, the World Trade Organisation (WTO) and the United Nations:

i.       study in detail all aspects linked to the patentability of biotechnological inventions for use in the agro-food sector with a view to further improving international legislation in this field. This legislation must protect against any adverse effect on the Earth's eco-system and on humans. It must guarantee "farmers' rights" and, if necessary, further specify these;

ii.       assess and review, if necessary, the European Convention on the unification of certain points of substantive law on patents for invention in the light of these findings;

iii.       draw up a European Convention covering bio-ethical aspects of biotechnology applied to the agricultural and food sectors (including fisheries and forestry) as proposed in Recommendation 1213 (1993), on developments in biotechnology and the consequences for agriculture.

Signed:

Scheer, Germany, SOC

Couveinhes, France, EDG

A. Moser, Bulgaria, EPP

Szakal, Hungary, EDG

Anttila, Finland, LDR

Alexander, United Kingdom, EDG

Telgmaa, Estonia, EDG

J. Thompson, United Kingdom, SOC

Holte, Norway, LDR

Korkeaoja, Finland, LDR

*       SOC : Socialist Group

      EPP : Group of the European People's Party

      EDG : European Democratic Group

      LDR : Liberal, Democratic and Reformers Group

      UEL : Group of the Unified European Left

1 ¹       Strasbourg, 27.11.1963, ETS 47, signed by Belgium and ratified by Denmark, France, Germany, Ireland, Italy, Liechtenstein, Luxembourg, Netherlands, Sweden, Switzerland, United Kingdom.