In Europe, plant varieties can be protected under the Plant Breeders’ Rights system, which grants breeders the ability to market their innovations while allowing others to use them for further breeding.
However, technological inventions, such as new traits or breeding techniques, may be protected by patents, provided they meet certain legal requirements, which include being genuinely inventive and having an industrial application. In this case, users have access to the patented technology through different mechanisms such as licensing. Effective IP protection ensures that innovators benefit from their inventions. This encourages healthy competition, which leads, in turn, to more innovation.
Effective IP protection ensures 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 businesses that want to use patented innovations can face obstacles such as lack of transparency regarding the existence of a patented trait, complexity in negotiating with a patent holder, and insecurity about fair terms and conditions. These time-consuming and expensive processes can lead some companies to refrain from breeding new varieties with the latest innovations or to fear they might be infringing patents when using a new variety released on the market.
In order to reduce this complexity, plant breeders have launched several initiatives such as platforms to improve transparency around patented traits and to facilitate access to patents. These platforms strike a balance between rewarding innovation and ensuring fair availability so no single organization can monopolize critical patented inventions.
For over a decade, the International Licensing Platform (ILP), has been providing access to patented traits in vegetable crops. Recognising the need for a similar system in other crops, European plant breeding companies sought to expand this model to a wider range of crops, including corn, sunflower, cereals, sugar beet, potatoes, fruit and flowers. In 2023, a group of European plant breeding companies came together to launch the Agricultural Crop Licensing Platform (ACLP), with the aim of facilitating fair access to patented traits and promoting innovation across multiple crop types.
This new platform makes it easy for breeders to access current and future technologies. Instead of having to worry about complex patent rules, all they need to do is enter a standard licensing agreement and agree on a royalty fee 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 guaranteed to get a license to use the patented variety. This system covers over 95% of all patented traits currently available on the market in Europe.