Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 91998E1603

**WRITTEN QUESTION No. 1603/98 by Joaquín SISÓ CRUELLAS to the Commission. Moratorium on seed patents** 
  
*Official Journal C 013 , 18/01/1999 P. 0052*

  

WRITTEN QUESTION E-1603/98

by Joaquín Sisó Cruellas (PPE) to the Commission

(25 May 1998)

Subject: Moratorium on seed patents

The Consultative Group on International Agricultural Research (CGIAR) has called for an end to applications to register as intellectual property seeds which have been deposited in trust in the collections of its agricultural research centres throughout the world and available to the international community. These seed collections, which include more than half a million examples, represent the world's most important deposit of ex situ plant genetic resources and are the key to improving crops throughout the world, particularly in the developing countries. The agreement concluded between the CGIAR and the FAO includes an undertaking not to register this genetic information as intellectual property. The call for a moratorium on seed patents is a result of the complaint made by the Rural Advancement Foundation International (RAFI) in January 1998 following the ultimately unsuccessful attempt by Australian research institutes to claim intellectual property rights over a variety of chickpea covered by CGIAR-FAO agreements. Further investigation revealed that intellectual property applications had been lodged for other protected varieties.

Does the Commission know whether any institution or body belonging to the European Union has applied for intellectual property rights over any variety of seed deposited at the research centres of the Consultative Group on International Agricultural Research (CGIAR)?

If so, will it say which bodies and what species are involved?

Answer given by Mr Fischler on behalf of the Commission

(2 July 1998)

The Commission is not aware of any institution or organisation in the Community that has applied for intellectual property rights on plant material received from the Consultative group on international agricultural research (CGIAR) centres.

The CGIAR centres hold genetic resources in trust for the international community. As trustees of genetic resources the CGIAR centres recognise their responsibility to exercise due care and diligence in conserving the material for the use of present and future generations and make it readily available for use for the public good.

In the case of plant genetic resources for food and agriculture this is implemented through agreement with the Food and agriculture organization (FAO) and the recipient has no right to apply for, or obtain, intellectual property rights on the germplasm or related information.

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