The trade association scienceindustries is concerned. The reason for this is a clearing centre for patents in the field of plant breeding proposed by the Federal Council. The mechanism behind it: Breeders report new varieties to the centre, whereupon the patent holders must find out whether the variety is already covered by a patent or not. While the Federal Council hopes that this will increase transparency, Scienceindustries is more than critical of the clearing centre. This is reported in the latest edition of the «BauernZeitung» newspaper. The regulation would slow down patent holders and is associated with legal uncertainty and a great deal of additional work.

Jörg Beck, Head of Nutrition and Agriculture at Scienceindustries, says in the «BauernZeitung» that it is almost impossible for patent holders to determine whether or not foreign varieties have been bred using their own patented material. Accordingly, the association doubts the feasibility of the clearing centre. «Such measures must be realisable, practicable and balanced», Jörg Beck clarifies.

Why patents are needed

But why do we need plant patents at all? Beck is convinced: «Patents on technically produced plant traits make perfect sense». According to him, our economic and innovation system is based on patent protection. Patents would also create the framework conditions for innovations that ultimately benefit farmers as well as end consumers. Beck, who is a farmer in addition to his work at Scienceindustries, knows what he is talking about. As examples of innovative products that would also be desirable in Switzerland, he cites the lower gluten content in cereals and blight resistance in potato cultivation. Many a farmer would have liked to have utilised the latter in particular this summer.

In addition to economic and innovation considerations, competition also plays a role. Without patent protection, anyone could copy a new technically produced plant trait as often as they like. «This would considerably reduce the market opportunities for invention and development», says Beck.

Scienceindustries represents the chemical, pharmaceutical and biotechnology sectors, which are by far the strongest export industries in Switzerland. Companies can only afford to carry out research in expensive Switzerland and produce for the global market if their innovations are protected by patents against global competition from low-wage countries.

No patents on natural properties

According to Beck, there is no need to fear that patents on crops will restrict farmers. Those who breed old varieties using traditional methods are never affected by patents. Patenting naturally occurring plant characteristics is prohibited under patent law. And the regular patent term is always limited to 20 years - a new invention is no longer protected after these two decades. «Only those who want to use the latest technologies in breeding need to be familiar with them, just like in any other technical field.»

It remains to be seen whether the clearing centre proposed by the federal government will ultimately come to fruition. The consultation procedure will continue until 12 September.

Switzerland is the world champion in innovation; no other country registers so many patents per capita. Changes to such a favourable system for Switzerland must be carefully considered by politicians. After all, our government requires its trading partners to respect strong patent protection (most recently in the free trade agreement with India, for example). If politicians now change this stance, we risk jeopardising one of the strengths of our economy for no good reason.

Scienceindustries emphasises that the industry is prepared to further strengthen transparency and licensing measures. A more business-friendly solution should therefore also be found in the area of plant breeding patents. After all, Swiss companies are primarily concerned with global competition and not with making «big money» from Swiss farmers. However, one thing is clear: if there are restrictions and additional costs for patents compared to other countries, private-sector research and development of new breeding technologies and plant traits in Switzerland has no future.