"This is a sad day for human respect for life and for the world's biodiversity, as well as for the freedom of farmers and researchers in Europe," Greenpeace Campaigner Arnaud Apoteker told the press in Strasbourg after the European Parliament's vote on a draft directive on biotechnology patents. The political message is clear: Industry is to be allowed to patent human genes, animals and plants. "The European Parliament has voted in favour of a new bio-colonialism, which will result in big profits for the multinational "Life Sciences" industry at the expense of the environment, non-industrialised agriculture, science, medicine and public health." said Apoteker.
Greenpeace regrets that Members of the European Parliament have ignored the concerns expressed by European citizens and have surrendered to the pressures of the industry lobby and its dire - and unfounded - threats of job loss, weakened global competitiveness, and the cynical approach of "no patents no cures". "This Parliament had taken a clear an highly respected position on the ethical limits of commercialisation of life when rejecting this same Directive in 1995. Today we have to ask ourselfes just how quick even fundamental ethical perceptions of politicians can be changed by corporate pressure."
The draft Biopatents Directive confuses the distinction between invention and discovery. It will allow exclusive rights on genetic traits found in nature, and enable genetic engineering industries to plunder the rights of farmers and breeders by giving genetic engineering technologies an unjustifiable advantage over traditional breeders and growers.
It also sends an agressive signal to developing countries, particularly those with high levels of genetic diversity, that Europe is about to join the US line on intellectual property rights within the WTO in elevating industrial patents over all forms of social and economic regulation and reward.
In Europe, the proposed Directive will create a legal confusion rather than harmonisation. The implementation of its sloppily drafted and sometimes contradictory provisions into national law in 15 Member States threatens to fragment European Patent Protection. In addition, provisions of the Directive clearly contradict the European patent convention (EPC), to which all EU Member States are Party.
"The Directive's main effect on employment might be to create thousands of billable hours for lawyers," Apoteker warned. "For our part, Greenpeace will do its best to ensure that national legislators respect the EPC rules on animal and plant patents." The draft Directive will now go to the Council of Ministers, where Member States still have the chance to correct it, before the Parliament has to vote on it in a second reading.
Greenpeace will continue to fight against patents on life, together with other environmental groups, scientists, doctors and farmers, both within and outside the European Union. "This vote has not set any definite new rules," Apoteker pointed out. "Plants and animals cannot be patented under existing European patent law. And time will tell if this vote represents the last word on the privatization and commercialisation of life."
Benedikt Haerlin (GPI): +49 40 30618410
Amendmend 76 tabled by Socialists requires that in the case of use of material of plant and animal origin the geographical origin has to be specified and applicants have to prove that "the material was used in accordance with the legal access and export provisions in force in the place of origin." And in the case of human material the name and adress of the person has to be given and the voluntary and informend consent of the person from whom the material is taken has to be proved.
Amendmend 95 tabled by the green group extends the farmers privilege somewhat to use patented propagating material (plants and animals) to sell it as long as this does not constitute commercial plant breeding activity.
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