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

Delhi High Court Strikes Down Section 24(5) of the Plant Varieties Act as Unconstitutional

On December 2, 2016, the Delhi High Court struck down Section 24(5) of the Plant Varieties and Farmers Rights Act, 2001 (Act) as unconstitutional in Prabhat Agri Biotech Ltd. et al. v. Registrar of Plant Varieties. 
During the proceeding, the Solicitor General, on behalf of the government of India, argued that Section 24(5) was necessary for the public interest. Specifically, the Solicitor General argued that this section of the Act was based on Article 13 of the International Convention for the Protection of New Plant Varieties, 1991 (UPOV), which necessitated Article 24(5) because it obligated parties to take suitable steps to safeguard the rights of applicants during the period during which their application was under evaluation. 

The Court concluded stating:

“Given the importance of the Act, there is enormous danger in empowering authorities with unguided and uncanalized power through provisions that can implicate livelihoods and limit or impair food access to tens of thousands – potentially hundreds of thousands of farmers and users of plant varieties. The existence of a large section of farmers unschooled in the provisions of the Act and unaware of their rights renders unethical bioprospecting practices and spurious claims to development of new or other registrable varieties, entitled to registration, a real possibility. Section 24(5) of the Protection of Plant Varieties & Farmers’ Rights Act as cast as present may undoubtedly be an adequate remedy to prevent abusive practices (assuming that what is abusive can be defined over a period of time); yet the danger of abuse of the provision itself and the attendant (likely) long term injury to innocent breeders, framers and those in the business of development of hybrids and plant varieties far outweighs its benefits, in view of the unguided nature of the power, which is destructive of the rule of law and contrary to Article 14 of the Constitution of India. Section 24(5) of the Protection of Plant Varieties and Farmers’ Rights Act, 2001, is, therefore, declared void.”

Source: bricwallblog
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