Together with an international coalition of breeders, development organizations, and environmental activists, Bionext has started an objection procedure against a patent on tomatoes with a natural tolerance to the Tomato Brown Rugose Fruit Virus (abbreviated as ToBRFV). 
Oxfam Novib and other organizations protest at the European Patent Office against a virus-resistant tomato
Since 2009, Bionext has been advocating for a ban on patents related to the natural traits of vegetable crops. These patents allow companies to claim naturally occurring plant traits as their inventions, granting them exclusive rights to any seeds, plants, and fruits with these traits. This means other breeders must obtain permission and potentially pay the patent owner to use these traits in their crops. Bionext argues that this practice could undermine plant breeders' rights, increase prices, and reduce options for breeders and growers.
In 2020, it appeared that Bionext's efforts were successful when the highest court of the European Patent Office decided that patents on traits of classically bred crops would not be allowed starting from July 2017. However, this ban is not retroactive, and Bionext points out that it has been easy to circumvent in practice.
Applications for ToBRFV-resistant varieties
In the meantime, over 20 patent applications related to resistance to the ToBRF virus have been filed. The European Patent Office has granted the first of these patents, which was filed in 2018, after the crucial date of July 1, 2017. This development gives Bionext another reason to participate in the objection process.
De Bolster, an organic breeding company, has also joined the objection procedure. Breeder Frans Carree expressed concerns, stating, "If these patents remain, we might as well cease tomato breeding. We would be unable to offer varieties with the traits that professional growers demand."
Oxfam Novib is one of the more than 40 organizations filing the complaint. Nout van der Vaart, policy advisor on food and agriculture for Oxfam Novib, warns: 'This development in Europe is also a problem for countries in the Global South. Those countries often use European legislation as a guide for their own seeds and patent laws. To improve access to food, farmers and breeders must have free access to seeds and plants, and not be hindered by complex patents, so they can continue to develop new, local food crops. Monopolization by patents on seeds by multinationals runs counter to this.'