Give breeders a chance – politico

In Europe, vegetable varieties can be protected by the plant farmers’ rights system, which grants breeders the ability to market their innovations while allowing others to use them for additional reproduction.

However, technological inventions, such as new traits or reproductive techniques, can be protected by patents, provided they meet certain legal requirements, in particular to be really inventive and have an industrial application. In this case, users have access to patented technology via various mechanisms such as licenses. Effective IP protection guarantees that innovators benefit from their inventions. This encourages healthy competition, which leads, in turn, to more innovation.

This can be a complex environment to navigate, especially for breeders who are not trained as IP specialists. Small companies that wish to use patented innovations can face obstacles such as the lack of transparency concerning the existence of a patented line, the complexity in negotiation with a patent holder and insecurity on the terms and fair conditions. These long and expensive processes can lead certain companies to refrain from reproducing new varieties with the latest innovations or to fear that they can break patents when using a new variety published on the market.

In order to reduce this complexity, plant breeders have launched several initiatives such as platforms to improve transparency around patented features and facilitate access to patents. These platforms establish a balance between enriching innovation and the assurance of fair availability so that no organization can monopolize critical patented inventions.

For more than a decade, the international license platform (ILP) has given access to patented features in vegetable crops. Recognizing the need for a similar system in other crops, European vegetable reproduction societies have sought to extend this model to a wider range of crops, including corn, sunflower, cereals, sugar beets, potatoes, fruits and flowers. In 2023, a group of European plant farming companies met to launch the license platform for agricultural cultures (ACLP), with the aim of facilitating fair access to patented features and the promotion of innovation through several types of cultures.

This new platform allows breeders to easily access current and future technologies. Instead of having to worry about the complex rules of patents, all they must do is conclude a standard license agreement and to agree with a royalty with the patent holder. If they cannot reach an agreement within six months, they have the right to go to arbitration at the end of which they are assured of obtaining a license to use the patented variety. This system covers more than 95% of all patented features currently available on the market in Europe.