Greenpeace blocks Monsanto's attempt to patent Indian Wheat

Feature story - January 27, 2004
MUNICH, Germany — Greenpeace calls Monsanto’s bluff; blocks its attempt to patent traditional Indian Wheat in Europe

Monsanto takes your Wheat - Patents it - and sells it back to you

Munich/New Delhi/Mumbai, 27 January 2004: Greenpeace today filed legal opposition (1) against Monsanto's controversial patent on a wheat strain that the agro-science multinational claims to have invented for baking purpose, at the European Patent Office, today.

According to Greenpeace, wheat with these specific baking characteristics was originally developed in India and has been cultivated, bred and processed for bread (chapati) by Indian farmers for years. The patent that Monsanto now holds means it has the monopoly on the farming, breeding and processing of this type of wheat. The patent (EP445929) was granted on May 21, 2003.

"Our investigations show that the examiners at the EU patents Office knew that the wheat involved is cultivated entirely normally and that it is not an invention. Monsanto employed all kinds of tricks and deception to conceal this fact, though the truth is amply clear on proper examination. This case shows again that only a clear prohibition of patents on plants and seeds can stop the ongoing abuse of modern patent law." Said Christoph Then, patent expert of Greenpeace German office from Munich.

"The patent is a blatant example of biopiracy as it is tantamount to the theft of the results of the breeding efforts of Indian farmers who have nurtured and developed wheat varieties that are a part of our countries rich heritage. Unless we are able to successfully subvert the attempts of multinational corporations, Indian farmers and scientists could end up paying royalties to foreign corporations for using tradional knowledge that their own communities have developed." Said Dr. Ashesh Tayal of Greenpeace India from Munich.

According to the European Patents Convention, patents cannot be issued on plants that are normally cultivated, any more than they are allowed to be issued on their seeds. In case of the Monsanto wheat patent, the European Patents Office has clearly disregarded rules and laws of current patent law.

"The case has been at the center of vehement protests in India," Dr. Krishen Bir Chowdhary of Bharat Krishak Samaj, " We call on Europe and the German government to see that seeds, plants and animals are not allowed to be patented. If such patents continue to be issued, a few international corporations can gain worldwide control over the base of the world's food supply and prevent farmers from working freely. They will soon lose the right to exchange knowledge, cultivate the varieties best suited to them, or even exchange seeds with other farmers. This is bound to have a dramatic impact on food security and we will not tolerate it." he added.

Notes to the Editors: 1- Grounds for opposition -The patent is opposed on the basis of the European Patent Convention (EPC), on account of it not being a new invention (Art 54, EPC), not involving an inventive step (Art 56, EPC), being incompletely and in part incorrectly described (Art 83, EPC), on account of the ban on the patenting of plant varieties (Art 53, EPC) and the ban on patenting essentially biological processes to cultivate plant varieties (Art 53b, EPC), and through violating ethical limits and being biopiracy (Art 53a, EPC).

For more information :www.greenpeaceindia.org,

Munich - Dr. Ashesh Tayal, Scientific Advisor, Greenpeace India - +919845535404,

New Delhi - Divya Raghunandan, GE campaigner, Greenpeace India - +919845535406,

Mumbai - Shailendra Yashwant, Campaigns Director, Greenpeace India - +919823042490