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2015/2981(RSP) Resolution on patents and plant breeders’ rights

Legal Basis RoP 128-p5

Activites

Documents

History

(these mark the time of scraping, not the official date of the change)

activities
  • date: 2015-12-17T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20151217&type=CRE type: Debate in Parliament title: Debate in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2015-0473 type: Decision by Parliament, 1st reading/single reading title: T8-0473/2015 body: EP type: Debate in Parliament
commission
  • body: EC dg: Agriculture and Rural Development commissioner: HOGAN Phil
committees
    docs
    • date: 2015-11-26T00:00:00 docs: title: B8-1112/2015 type: Oral question/interpellation by Parliament body: EP
    • date: 2015-12-14T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B8-2015-1394&language=EN title: B8-1394/2015 type: Motion for a resolution body: EP
    • date: 2015-12-14T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B8-2015-1395&language=EN title: B8-1395/2015 type: Motion for a resolution body: EP
    • date: 2015-12-14T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B8-2015-1399&language=EN title: B8-1399/2015 type: Motion for a resolution body: EP
    • date: 2015-12-14T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B8-2015-1400&language=EN title: B8-1400/2015 type: Motion for a resolution body: EP
    • date: 2015-12-14T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=P8-RC-2015-1394&language=EN title: RC-B8-1394/2015 type: Joint motion for resolution
    • date: 2016-05-03T00:00:00 docs: url: /oeil/spdoc.do?i=26602&j=0&l=en title: SP(2016)190 type: Commission response to text adopted in plenary
    events
    • date: 2015-12-17T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=26602&l=en title: Results of vote in Parliament
    • date: 2015-12-17T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20151217&type=CRE title: Debate in Parliament
    • date: 2015-12-17T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2015-0473 title: T8-0473/2015 summary: The European Parliament adopted by 413 votes to 86, with 28 abstentions, a resolution on patents and plant breeders’ rights. The text adopted in plenary was tabled by the EPP, S&D, ECR and ALDE groups. Parliament recalled that Directive 98/44/EC on the legal protection of biotechnological inventions, in particular Article 4 thereof, states that products obtained from essentially biological processes shall not be patentable. Whilst Directive 98/44/EC legislates for biotechnological inventions, Members considered that it was not the legislator’s intention to allow the patentability of products obtained from essentially biological processes within the scope of the directive. In the light of these considerations, Members expressed their concern that the recent decision of the Enlarged Board of Appeal of the European Patent Office (EPO) on Cases G2/12 (tomatoes) and G2/13 (broccoli) could lead to more patents being granted by the EPO in respect of natural traits introduced into new varieties by means of essentially biological processes such as crossing and selection. As numerous applications concerning products obtained from essentially biological processes are currently awaiting a decision by the European Patent Office, Parliament called on the Commission, as a matter of urgency, to clarify the scope and interpretation of Directive 98/44/EC , and in particular Article 4, in order to ensure legal clarity regarding the prohibition of the patentability of products obtained from essentially biological processes, and to clarify that breeding with biological material falling under the scope of a patent is permitted. The Commission is called upon to: communicate its forthcoming clarification regarding the patentability of products obtained from essentially biological processes to the EPO so that it can be used as a supplementary means of interpretation; ensure that the Union will safeguard guaranteed access to, and use of, material obtained from essentially biological processes for plant breeding, in order – where applicable – not to interfere with practices guaranteeing breeders’ exemption; pursue the exclusion from patentability of essentially biological processes in the context of multilateral patent law harmonisation discussions; report on the development and implications of patent law in the field of biotechnology and genetic engineering, as requested by Parliament in its resolution of 10 May 2012 on the patenting of essential biological processes.
    • date: 2015-12-17T00:00:00 type: End of procedure in Parliament body: EP
    links
    other
    • body: EC dg: url: http://ec.europa.eu/dgs/agriculture/ title: Agriculture and Rural Development commissioner: HOGAN Phil
    procedure/legal_basis/0
    Rules of Procedure EP 128-p5
    procedure/legal_basis/0
    Rules of Procedure of the European Parliament EP 128-p5
    procedure/subject
    Old
    • 3.10.09.06 Agro-genetics, GMOs
    • 3.50.16 Industrial property, European patent, Community patent, design and pattern
    New
    3.10.09.06
    Agro-genetics, GMOs
    3.50.16
    Industrial property, European patent, Community patent, design and pattern
    procedure/subtype
    Old
    Debate or resolution on oral questions
    New
    Debate or resolution on oral question/interpellation
    activities/0/docs
    • url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20151217&type=CRE type: Debate in Parliament title: Debate in Parliament
    • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2015-0473 type: Decision by Parliament, 1st reading/single reading title: T8-0473/2015
    procedure/stage_reached
    Old
    Awaiting Parliament 1st reading / single reading / budget 1st stage
    New
    Procedure completed
    activities/0/type
    Old
    Debate in plenary scheduled
    New
    Debate in Parliament
    procedure/title
    Old
    Patents and plant breeders' rights
    New
    Resolution on patents and plant breeders’ rights
    activities
    • date: 2015-12-17T00:00:00 body: EP type: Debate in plenary scheduled
    committees
      links
      other
      • body: EC dg: url: http://ec.europa.eu/dgs/agriculture/ title: Agriculture and Rural Development commissioner: HOGAN Phil
      procedure
      reference
      2015/2981(RSP)
      title
      Patents and plant breeders' rights
      legal_basis
      Rules of Procedure of the European Parliament EP 128-p5
      stage_reached
      Awaiting Parliament 1st reading / single reading / budget 1st stage
      subtype
      Debate or resolution on oral questions
      type
      RSP - Resolutions on topical subjects
      subject