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Wednesday, December 03, 2025

European Commission publishes study on IP and agricultural biotechnology

 

European Commission published its "NGT patent study" . In 2023, the Commission requested an evidence-based analysis of how patents related to new genomic techniques (NGTs) affect innovation in plant breeding, as well as breeders' access to genetic material and availability of seeds to farmers. 

This study examines how the current intellectual property (IP) framework affects breeders, farmers, and plant biotechnology actors, with a particular focus on the use of new genomic techniques (NGTs) in developing new plants. The analysis combines legal, economic, and market perspectives using a multi-method approach, allowing the study to offer both quantitative indicators and qualitative insights reflecting stakeholders’ practical experiences. The report emphasises the interplay between IP rules and market realities, and highlights how this interaction shapes opportunities and constraints in the sector. The European plant breeding sector is technologically sophisticated yet structurally diverse, with many SMEs operating alongside a small number of large international firms. Breeding is highly research-intensive. The study identifies potential legal and economic impacts arising from patents on NGT plants. The increasing complexity of the patent landscape may pose challenges for smaller breeders to access plant genetic material in terms of licensing costs and freedom-to-operate constraints. The study highlights multiple opportunities to strengthen transparency, support SMEs, and facilitate licensing. Overall, the study concludes that a balanced, coherent, and transparent IP system remains essential for ensuring that the benefits of NGTs are realised across Europe’s plant breeding and farming sectors while maintaining diversity, competition, and long-term resilience.

Report-https://webgate.ec.europa.eu/circabc-ewpp/d/d/workspace/SpacesStore/e374dbb4-9cf9-4799-8d18-98a459a08c34/download

ipkat analysis-https://groups.google.com/g/ipkat_readers/c/KFTacG976GE/m/ZSAbQ0urCQAJ?utm_medium=email&utm_source=footer

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