Multinationals bypass patent ban

New ‘natural’ techniques

‘Patent battle won!’ read the headline of the article that appeared on De Bolster’s website in 2017. In that year, the European Patent Office stopped granting patents on natural plant traits. The years of tug-of-war between multinationals like Monsanto and smaller (organic) seed companies was finally over, thanks to a ban by the European Parliament. The organic sector breathed a sigh of relief; companies resumed breeding programs that had been halted and started new programs with high hopes.
 
Unfortunately, it later turned out that De Bolster was given false hope; patents from before 2017 are still being granted. And something else is going on. So-called new techniques entered the market: NGTs (New Genomic Techniques), including CRISPR-Cas. With this technique, crop DNA can be modified so that it becomes resistant to certain diseases, for example. “Unfortunately, this technique is nothing more than a nicer word for the reviled GMO,” says Frans. You make a cut in the DNA and add something that gives the plant a new trait—a technique that does not fit into organic philosophy. The problem we are now also facing is that companies claim CRISPR-Cas can be used in patent applications, even when it is not actually the case. This is then considered an innovative step, allowing a patent to be granted.

“As a consumer, you will soon no longer have a choice to eat GMO-free food. Many people are unaware of this.”

“The problem is the enormous lobby of multinationals putting millions into getting deregulation passed, using food security and climate change as arguments. Currently, Hungary holds the EU presidency and they are against it, as is Poland, which is next in line. The big companies are therefore already lobbying heavily with supporter Denmark, which takes over the presidency in July 2025.”

Continuing the fight

In the meantime, Frans, along with many others, is doing everything possible to raise awareness within and outside organic agriculture, among organic supermarket chains, and European politicians. For example, he participated in a Zembla broadcast on the subject and holds talks in Brussels. He also tries to join forces with colleagues during events like the European Organic Congress. This is a congress for the entire organic sector organized by IFOAM, the global umbrella organization for the organic agriculture and food sector. During that congress, Frans sat on a panel to discuss this topic with other participants.

Frans concludes: “We must ensure that this also becomes known to the general public. Because as a consumer, you will soon have no choice but to eat GMO-free food. Many people are not aware of this. The next step is to oppose patents that are still being approved. As a relatively small company, we do not have a massive legal department like multinationals do. But every action we take is another small pinprick that can exert influence. We continue to hope for a positive outcome.”