The European seed and plant breeding sector is facing a period of profound transformation. Driven by technological progress, climate change, and evolving regulatory expectations, the sector uses traditional breeding methods but also uses advanced marker-based tools. The powerful biotechnological tools such as genome editing and data-based trait analysis are the next level of developments, yet, they are not yet applied in Europe outside the research phase. 

In the discussion about the new legislative proposal on NGT(issued in 202), a proposal for which we equally provided the support study, intellectual property protection (IPR) emerged as an open question. Following the discussion at the European Parliament, the Council asked for a support study which was then commissioned to technopolis Group by the EC. The scope? Not less than analysing how the current intellectual property (IP) framework impacts the plant breeding, farming and plant biotechnology sectors, particularly in the context of the use of new genomic techniques (NGTs) for the development of new plants .

Based on qualitative literature review, interviews and focus groups as well data analysis the study aimed to clarify the potential economic and legal impacts of IP protection, including its implications on market concentration, innovation incentives, transparency and overall EU competitveness.

The findings of this study show that a balanced and coherent IP system is a key driver to innovation in the the plant breeding and plant biotechnology sectors. Patents reward research and attract private investment; Plant Variety Rights (PVRs) safeguard accessibility and diversity. The real challenge lies in maintaining this equilibrium in a changing technological and economic landscape.

For more questions, please get in touch with the study leader Dr. Viola Peter