Multinationals bypass patent ban

It seemed so promising: a ban on patents for natural plant traits. Unfortunately, in practice, the 2017 European ban is being bypassed by multinationals in every possible way. As a result, smaller, organic seed companies have fewer and fewer opportunities for breeding. Frans Carree, head of the breeding department, continues his fight against patents tirelessly.

New ‘natural’ techniques

At De Bolster, we believe that organic vegetables should be accessible to everyone worldwide: produced fairly and consciously, with care and respect for nature and each other. Based on this conviction, we have fought for years against patents on natural traits. No person or multinational should own traits that simply occur in nature, and we will continue to oppose this. All our varieties are therefore free of patents.

‘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 were 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 great hope.

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, the DNA of crops can be modified so that, for example, they become resistant to certain diseases. “Unfortunately, this technique is nothing more than a fancier word for the maligned GMO, Frans explains. You make a cut in the DNA and add something that gives the plant a new trait—a technique that does not fit with the organic philosophy. Furthermore, the problem we now face is that companies claim CRISPR-Cas can be used in patent applications even when it isn’t the case. This is then seen as an innovative step, leading to a patent being granted.

Bypassing GMO legislation

To circumvent GMO legislation, multinationals are now trying to deregulate NGTs. They would then enter the market as naturally bred material, without safety testing or labeling. Without that labeling, organic breeders have no idea if something is a GMO. This means they could eventually face claims that genetic manipulation was used in their seeds, which they would then have to discard. Even worse: whoever finds a natural plant trait first and introduces it into a crop using CRISPR-Cas could, in the future—if the EU agrees—apply for a patent on it. “That brings us right back to square one, Frans sighs.

Frans participated in a panel during 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.

“As a consumer, you will soon have no choice not to eat GMO-free food. Many people are unaware of this.”

“The problem is the massive lobbying by multinationals who invest millions to push through deregulation, using food security and climate change as arguments. At the moment, Hungary holds the EU presidency and they are opposed, as is Poland, which is next in line. Large companies are therefore already lobbying heavily in favor of Denmark, which will take over the presidency in July 2025.

Continuing the fight

In the meantime, Frans and many others are doing everything they can to raise awareness within and outside organic agriculture, among organic supermarket chains and European politicians. For instance, he participated in a Zembla broadcast on this topic and is holding talks in Brussels. Also he 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 was part of a panel to discuss this topic with other participants.

Frans concludes: “We must ensure that this 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 don’t have a giant 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.