European Parliament
B7-0228/2012
Bastiaan Belder,
on behalf of the EFD Group.
(NL)
Mr President, Commissioner, plant breeders’ rights, which include a breeders’ exemption, guarantee protection
and
independence for breeders. Any breeder is entitled to freely use a variety in order to develop a new one (restricted breeders’ exemption) and is also entitled to freely place his/her new variety on the market (broad breeders’ exemption).
It is necessary that we also incorporate such a breeders’ exemption in patent law. It seems to be the case, namely, that varieties are even being patented indirectly, for example, through patents on a particular characteristic. Incidentally, I reject such an exclusive claim to God’s creation on the grounds of principle.
My first question to the Commissioner – and I promise you that I will wait until the end of the debate for your answer – is as follows: is there a prospect of a revision of the Biopatent Directive?
My final question concerns the regulation of a unitary patent. The Committee on Industry, Research and Energy (ITRE), which has been asked for its opinion, advised the committee responsible, the Committee on Legal Affairs (JURI), to incorporate a restricted exemption for breeders in the regulation. Unfortunately, the amendments to that effect, contributed by my esteemed colleague, Ms De Lange, among other members, were not accepted by JURI. How does the Commission view a restricted breeders’ exemption in the regulation in terms of cooperation on unitary patent protection?

