“No patents on beer” campaign: the responses
Following the publication of the article “Protests against patents on brewing barley” on this website in June 2017, we received a rejoinder from someone who should know what this is really all about. The Australian agricultural scientist Dr Evan Evans, a noted barley expert, wrote back saying that patenting of genes that occur naturally is not “quite cricket”.
“However,” as he points out, “the patent is on the genes (their sequence) not the barley. Nevertheless, through PBR (Plant Breeders Rights) all current modern varieties are effectively specially patented. PBR although somewhat restrictive is a necessary evil in that the costly exercise in plant breeding can recoup their costs (if successful) from the users (growers, maltsters, brewers and consumers), so that the next generation of plant varieties can be developed. Such a scheme is required where governments have largely left the field in terms of funding of plant breeding for many crops.”
The German Association of Malting Barley Producers has also since issued a statement that corroborates Dr Evans’ view. “For many years, Carlsberg and Heineken have been engaged in their own breeding programmes to develop brewing barley for beer production. Other plant breeders can use this breeding material for their own purposes against the payment of a fee. There are currently no exclusivity licenses to use the patented properties. The freedom of breeding is thus given and the gene pool for breeders is not restricted in favour of large conglomerates but is open to all.”
For the purposes of refinancing their breeding programmes, it is customary in the seed trade to pay licence fees for the use of breeding material. The licences are aimed less at economic advantages, but serve to finance long-term, elaborate breeding programmes, the association says.
Against this background, German breeders have already entered into licensing agreements to use the patented varietals and successfully use them in their own breeding programmes. These barley varieties are available to everybody in the malting and brewing industry.
