Cases / Genetic resources and benefit-sharing · South Africa · 2006–2010
EPO revokes Schwabe's Pelargonium patent after Alice community opposition
Short record: the main facts, with sources. A full case file has not been prepared.
Nature's voice · report
No measurement of the harm done to me here is on record.
Did nature suffer? Not measured.
Not on record
- The record does not name which of my species, waters, soils or forests were harmed.
The European Patent Office revoked a German company's patent on the Pelargonium plant in January 2010, after an opposition filed on behalf of the Alice community in South Africa. The sources reviewed do not say whether the community received any benefit.
What?
The European Patent Office revoked Schwabe's Pelargonium patent after an opposition filed on behalf of the Alice community in South Africa. Mail & Guardian
Where?
Alice, South Africa; European Patent Office proceedings Mail & Guardian
When?
Sales in 2006; patent revoked on 22 January 2010 Mail & Guardian
Who?
Gained
- Schwabe — held the Pelargonium patent; its Pelargonium syrup had 80 million euro in sales in 2006 Mail & Guardian
Lost
None on recordHarmed
None on recordWhy?
Not stated in the sources reviewed.
How?
Opposition filed on behalf of the Alice community against a European patent on the plant. Mail & Guardian
6 of 6 questions answered from the record
What happened
The record, in order.
On 22 January 2010 the European Patent Office revoked Schwabe's Pelargonium patent after an opposition filed on behalf of the Alice community, Mail & Guardian reported.
Schwabe's Pelargonium syrup had sales of 80 million euro in 2006, according to the same report.
In court and with insurers
Every proceeding and every insurer decision on record.
Lawsuits and rulings
No court case on record. No court has ruled on this case.
Insurers
No insurer decision on record.
What we don't know
Undisclosed, unproven, untried: recorded as data.
Nature
- Not measured Harm to nature: The record holds no measurement of harm to nature.
Record
- Unclear Whether the Alice community received any payment is not stated in the sources reviewed.
- None on record The sources reviewed do not give the grounds on which the European Patent Office revoked the patent.
Did the harm stop?
Not stated in the sources reviewed.
Who paid?
Not stated in the sources reviewed.
Sources
Voices on record: — Company or project— Government and regulators— Courts✓ Press and investigations— Communities and civil society— Researchers
Press and investigations
- Town like Alice takes on German biopirateMail & Guardian · 2010-01-22
Connected cases
Related matters, and cases linked to this one through the same organisations, with the role each played in both.
- European Patent Office finds French institute's Quassia amara patent valid French Guiana · 2018
- European Patent Office (International) — here: revoked the patent after opposition; there: decided patent validity
- Turmeric, neem, basmati, Nap Hal patent revocations India · 2004–2022
- European Patent Office (International) — here: revoked the patent after opposition; there: European Patent Office; revoked the Nap Hal wheat patent