Recently, much has been made of, in various media proceedings, brought on by European farming organizations against a patent given to Swiss company Syngenta for a pepper plant resistant to certain insects, including whiteflies. The debate clearly shows that people are concerned about limiting the freedom of producers and driving up the price of seeds. People both inside and outside the industry fear that organic material is increasingly being appropriated by large companies. Not so, say legal advisor and patent specialist Wim Helwegen and Wim Maas, partner at Deterink Lawyers and Notaries.
It’s not possible for discoveries, such as a naturally resistant pepper plant, to be patented as such. However, the resistant pepper plant patented by Syngenta does not occur in nature, but is the result of many years of intensive and expensive research. The fact that Syngenta succeeded in combining two natural resistant elements, however, can in some cases warrant a patent. Combining various natural elements can lead to plants with useful properties for people and the environment. However, the lawyers state, in order to make this research possible, resultidiscoveries must be patented, allowing the company to earn back initial investments.
Helwegen and Maas: “In our opinion it’s not disputed that biodiversity and choice are hugely important. However, with the introduction of the resistant pepper plant, Syngenta introduces a new variant of an existing plant, thus increasing biodiversity. Also, pepper grower who don’t want the seeds of Syngenta (or find them too expensive) are in no way bound by Syngenta. In addition, the patent on the resistant pepper plant expires in about 14 years, after which everyone is free to use the seeds without any compensation to Syngenta.”