Is the biotech directive in conflict with the biodiversity convention?
Only offspring of animals of which the DNA is changed due to a technological intervention, that does not happen naturally in nature, is patentable. Consequently, genetically modified animals and their offspring can be patented. However, animals selected using DNA markers or similar tools can not be patented, as they are produced by normal agricultural practices.
The offspring of genetically modified animals used for day to day agricultural practices are free from patent claims. This means that a farmer can have offspring from his animals on his farm. However, as soon as the animals or their genetic material, or e.g. eggs, semen or embryos, are used for commercial reproduction, then the farmers’ privilege does not apply. The details of this exemption have to be arranged in national law. It will be important to have consistent law in the EU countries. Farm animal breeding and reproduction is operating at the international level. However, European farmers are not planning to use genetically modified animals for food production, because European consumers are not in favour of genetically modified animal products. Furthermore, technological developments are still far from commercial economically interesting application.
It is more likely that genetically modified animals will be used for the production of medicines or organs for human health. Most EU Member States’ patent systems (except for e.g. The Netherlands) already provide patent protection for animals per se, as does the European Patent Convention. The directive does not extend patent protection of animals, but merely confirms what already exists.
Animals can now be bred to help the investigation of new medicines for cancer, asthma, diabetes, or cystic fibrosis. Genetically altered animals can produce substances, which they would not normally generate, such as goats, sheep or cows that secrete medicines (e.g. Factor VII for haemophiliacs) in their milk. And it is expected that genetic alterations will permit animals to produce organs suitable for transplanting into humans. Demand for human transplant organs is huge and increasing, whereas the supply is stagnant at a low level. Only biotechnology can help remedy this. Other techniques of genetic modification of an animal make possible tests of promising new cancer treatments, and at the same time they reduce the number of animals needed for specific safety and screening tests.
The offspring of genetically modified animals used for day to day agricultural practices are free from patent claims. This means that a farmer can have offspring from his animals on his farm. However, as soon as the animals or their genetic material, or e.g. eggs, semen or embryos, are used for commercial reproduction, then the farmers’ privilege does not apply. The details of this exemption have to be arranged in national law. It will be important to have consistent law in the EU countries. Farm animal breeding and reproduction is operating at the international level. However, European farmers are not planning to use genetically modified animals for food production, because European consumers are not in favour of genetically modified animal products. Furthermore, technological developments are still far from commercial economically interesting application.
It is more likely that genetically modified animals will be used for the production of medicines or organs for human health. Most EU Member States’ patent systems (except for e.g. The Netherlands) already provide patent protection for animals per se, as does the European Patent Convention. The directive does not extend patent protection of animals, but merely confirms what already exists.
Animals can now be bred to help the investigation of new medicines for cancer, asthma, diabetes, or cystic fibrosis. Genetically altered animals can produce substances, which they would not normally generate, such as goats, sheep or cows that secrete medicines (e.g. Factor VII for haemophiliacs) in their milk. And it is expected that genetic alterations will permit animals to produce organs suitable for transplanting into humans. Demand for human transplant organs is huge and increasing, whereas the supply is stagnant at a low level. Only biotechnology can help remedy this. Other techniques of genetic modification of an animal make possible tests of promising new cancer treatments, and at the same time they reduce the number of animals needed for specific safety and screening tests.
