Broccoli, a popular vegetable in the continental cuisine, has its native origin from the Mediterranean region and has been grown in Italy at least since the days of the Roman Empire. In 2013, the European patent No. 1069819 with the title "Method for selective increase of the anticarcinogenic glucosinolates in Brassica species" was granted to an agrochemical company Mosanto which has now been acquired by Bayer. This patent contained process claims with regard to the methods of cultivation of Broccoli (Brassica oleracea) with elevated levels of certain glucosinolates. These elevated levels of glucosinolates resulted in the broccoli plant to have an extended head or rather a head higher than the leaves. This invention made it easier for the plant to be mechanically harvested.

Multiple European non-profit organizations such as Greenpeace, Public Eye, came together and formulated a coalition viz. – NO PATENTS ON SEEDS. With support from many other organizations from all over the world they are focused on fighting against patents on plants and animals. In 2014, the revocation petition was filed against the patent granted for broccoli. An EU Directive on biotechnological inventions was implemented in 1999. The Directive excludes essentially biological processes from patentability but does not provide for a clear exclusion of plants or animals obtained from such processes. However, vide a notice in 2016, the Commission clarified that it was in fact the European legislator’s intention to exclude not only processes but also the products obtained by such processes. In furtherance to the notice released in 2016, the EPO amended its regulations in June 2017 and excluded plants and animals obtained by an essentially biological breeding process from patentability.

The EPO, on examining the oppositions filed and the EU Directives passed an order revoking the broccoli patent.

Compiled by: Adv. Sachi Kapoor | Concept & Edited by: Dr. Mohan Dewan

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