Plant Varieties, A Heritage to be Protected

“Innovation in agriculture depends on Plant Breeders’ Rights.” This was stated by Anthony Parker, the new president of UPOV, the Geneva-based intergovernmental organization that promotes the protection of plant varieties for the benefit of society.

Innovation in the plant sector is essential for the future of agriculture and therefore of the entire human race. Without innovation, it is impossible to address the great challenges of the near future: producing food in sufficient quantity and quality for 8.5 billion people (a figure that will probably increase to 10 billion in 2050) sustainably, while successfully resisting climate change and phyto pathological pressure, while continuously declining production areas. 

This is a challenge as exciting as it is demanding. Only science can support the work of the agricultural sector, mainly with new genetic techniques, information technology and other integrated agriculture techniques (such as regenerative agriculture), microbiological products. 

Since the second half of the last century, the green revolution, based on research in chemistry, mechanics, and especially genetics, has enabled enormous progress. Agricultural production has increased in quantity (+67% in the last 20 years only) and quality (healthiness, nutritional value). 

There are no alternative roads to scientific progress. The heritage constituted by plant varieties must necessarily be protected from any possible illegality.

Inside a Seed

A seed is a small, living thing. We could define it as a container of history, science, technology, and much more. Each cultivated seed belongs to a plant variety, obtained at the end of a long and arduous process that requires great skill and expertise. It takes a decade or more, with numerous field and laboratory trials, as well as complex bureaucratic procedures and inspections by the relevant authorities. 

The cost of developing a new variety is estimated at between €800,000 and €2 million for standard varieties, and up to over €4 million for hybrids. Many seed companies, from multinationals to family-run firms, invest up to 20% of their annual turnover in research, with some investments reaching well into the hundreds of millions. These investments, with all the associated risks, are offset by the sale of the seed, without which there would be neither research nor progress. 

Franco Brazzabeni is a marketing consultant in the international agribusiness, member of Assosementi and of ISF Groups.

For the most valuable distributed species the value of seed can reach surprising levels. For example, the cost of 100 grams of a high-quality tomato hybrid seed can range from 250 to over 40,000 euros.

It’s clear that such a worth must be protected, as the numbers and common-sense dictate. However, there is an ideological current that disputes the fact that plant varieties can be patented. We all use objects, cell phones for example, covered by thousands of patents, without anyone objecting. On the other hand, seeds are sometimes plagued by a mythologization that considers them a sort of “gift of nature,” which should be given away free or almost free. This would mean going back thousands of years, to the origins of agriculture, ignoring the scientific progress that has allowed for improved genetics, to the benefit of all humankind.

The Importance of Protection

Industrial property can be protected by obtaining a plant variety right and a patent, two complementary processes. The former is provided to the breeder by the Community Plant Variety Office (CPVO), a European-level body, after years of testing and other administrative controls. It guarantees the protection of a variety from any potential misappropriation. A patent, on the other hand, protects specific technical innovations and has national validity.

Protecting intellectual property, as is done with books, songs and high-fashion designs, provides essential benefits throughout the system. Most importantly, it encourages continued innovation, as a portion of the revenue generated through sales and royalties is reinvested in research. This benefits the seed industry, farmers and the entire supply chain, ultimately extending to consumers.

Furthermore, IP protection is an effective tool for combating illegal activity. It supports a responsible supply chain by preventing economic harm to stakeholders and ensuring the traceability of the final product — something many consumers increasingly value. There are many advantages for everyone, and no harassment of small farmers: European legislation allows these individuals to use farm saved seed of varieties without having to pay royalties to the owners.

Naturally, the imminent arrival of new genomic techniques (NGTs) opens up new possibilities. The European Council has approved new regulations recognizing plants developed using NGTs as equivalent to conventional varieties, highlighting the need for the intellectual property framework to evolve accordingly.

Franco Brazzabeni is a marketing consultant in the international agribusiness, member of Assosementi and of ISF Groups and writes a blog on www.agrinotes.it.

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