Intellectual Property Rights Systems and Innovation in the Plant Breeding Industry

The debate on Intellectual Property Rights (IPR) in the plant breeding industry over the past 3 years has been important for the future of the plant breeding sector and for global food security in the coming decades. Intensive discussions have led to initiatives aimed at reducing the imbalance that appeared to have developed between two intellectual property systems: Plant Breeders Rights (PBR) on new plant varieties and patent rights on plant-related inventions. A better balance can be achieved by a combination of several measures that will strengthen the PBR system as the most important instrument for IP protection in this sector. Patents on plant-related inventions are important for encouraging innovation, but must be restricted to inventions meeting strict legal criteria. Access to such inventions (technologies, traits) can be realised via a limited breeder's exemption and / or licences that can be negotiated in a Fair, Reasonable and Non-Discriminatory (FRAND) way. Although the debate is not yet finalised, the sector has taken several initiatives at both a European and global level. All measures together form a major step forwards in safeguarding access to genetic variation. They also safeguard the IP position of the breeder, which is important for ensuring a fair return on investment and encouraging further innovation in the plant breeding sector.