Interactions of Patents and Plant Variety Protection in NGTs

This article is a technical report that summarizes findings from a study commissioned by CropLife Europe regarding the intersection of intellectual property (IP) and new genomic techniques (NGTs) in the context of plant breeding. It describes the ongoing political debates within the EU concerning the regulatory framework for NGTs and their implications for IP. The report highlights that while Plant Variety Protection (PVP) can safeguard new plant varieties, it does not extend protection to individual NGT traits, which can only be protected under patent law. The article discusses the complexity of patentability for plant traits and outlines the criteria necessary for an invention to be considered patentable, including novelty and inventiveness. It explains the role of the breeder's exemption in fostering innovation by allowing breeders to use patented traits in their own breeding programs. Furthermore, it mentions the establishment of databases and licensing platforms to facilitate access to patented materials, aiming to balance innovation with fair play in the seed sector.