"Cultivated capsicums!" Peppers resist insect, breeders resist patent

This Kat has received information concerning the publication in a national Dutch newspaper of a double page item calling for crowd-funding of opposition proceedings against a European patent.  The patent in question, granted last year to Syngenta, relates to EP2140023 relating to insect-repellent pepper plants.  Or, to put it another way:

The Bemisia in question is none other than the whitefly, of which there are several varieties (the rather handsome Silverleaf whitefly is shown on the left: don't worry -- the real ones are a lot smaller than this).  What's good news for pepper-lovers is bad news for ladybirds, praying mantises and lacewings, which don't eat pepper in any shape or form but do enjoy tucking in to a juicy whitefly when the opportunity arises.  Too small to eat whiteflies, the Amblyseius swirskii mite (for it is he, or possibly she) will happily go to work on a whitefly egg, though it is not recorded whether this delicacy is preferred when scrambled, lightly boiled or poached. Merpel adds: Bemisia is quite unrelated to another Silverleaf, much respected in IP circles ...

EP2140023 has generated a good deal of interest, not to mention controversy; it has even been the subject of a question before the European Parliament which recites that 34 non-governmental organisations (NGOs) and farmers' and breeders' bodies are united in their opposition to it. So it is not surprising that Bionext (a Dutch organisation of organic farmers and food-growers) should be campaigning against it in the following terms:

Thanks to Google Translate, this Kat can bring you the following information (which you can read in the original Dutch here) about Bionext and its objection to EP 2140023:

BIONEXT is the organization for organic food and farming in the Netherlands. Within BIONEXT working farmers, growers, trade and processing and retailers together to promote organically in the Netherlands and more sustainable. 

BIONEXT is the organization behind Adopt a Chicken, Adopt an Apple Tree and consumer magazine Taste Making. ... 

With the campaign "Heart for biodiversity, no patents on life" asks BIONEXT attention to the trend that more and more natural properties of plants and animals to be patented. EP 2140023 B1 patent is central to the campaign. This patent has been granted by the European Patent Office (EPO) on May 8, 2013. With the patent Syngenta receives ownership over all paprika (and pepper) seeds, plants and -fruits who have a natural defense against whitefly. The patented pepper plants have been developed by a cross between a commercial sweet pepper with a wild pepper the desired property already owned. The insect resistance is derived from Mother Nature through the gene bank freely accessible to every grower and breeder. 

With patents on features of classically bred plants companies such as Syngenta their dominance in the global seed trade. Strengthen Breeders do not have freedom of access to the basic material of plant breeding: plant varieties and wild plants. 

The withdrawal of the pepper-patent would be an important first step in stopping patent classic bred plants. But for a structural solution is a modification of the European Patent legislation is necessary.

Not having a scientific background, this Kat is not in a position to judge whether the patent should have been granted or not. However, it seems to him that there may be something of an oversimplification. Whatever one may think about EPO examiners, they can usually be relied on to spot a piece of killer prior art, such as an insect-repellant wild pepper which is so blatant that NGOs and organic breeders' groups can see it too. And if the patent's claims seek to cover products and processes that already exist in nature, those claims won't be able to prevent anything being done with or to those products that wasn't already available for them to do before the patent was granted. On the other hand, the existence of some respected and rational organisations in the list of those opposing the patent suggests that -- unless they have been afflicted with some collective illusion -- there may be some firm ground upon which their concerns are based.

So can readers of this weblog clarify the position: 

(i) what exactly is the invention? (ii) how does it stand in relation to the prior art? (iii) do the claims cover things that already exist and can be made or done?(iv) is there (a) no problem at all, (b) a problem that the existing law can and will be expected to cope with or (c) a problem calling for legislative reform?

Pig and pepper here
Peppa pig here